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

[ivy]

Re: Jacksons vs AEG - Day 55- July 24 2013 - News Only (no discussion)

Earlier, in a videotaped testimony, one of Jackson's former physicians described how in 2002 he placed an implant in Jackson's abdomen to block the effects of opioid medications such as Demerol.

Dr. Alimorad Farschcian said Jackson told him that he wanted to stop taking Demerol for the sake of his children. The Miami-based physician became close to the entertainer after treating him for a sprained ankle, spending time at Neverland Ranch and meeting Jackson's mother on Christmas Day in 2002.

Farschcian said the implant kept the singer off of Demerol for at least nine months and Jackson's mother Katherine seemed pleased when he described it to her and her son showed her the device.

Katherine Jackson testified on Monday that she never saw the device and could never prove her son abused prescription medications.

 

[ivy]

Re: Jacksons vs AEG - Day 55- July 24 2013 - News Only (no discussion)

ABC7 Court News ?@ABC7Courts 6m
Tomorrow morning, David Fournier, a nurse and anesthetist that treated MJ with Propofol, will take the stand. We hope to see you then!
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That was the end of the video deposition. Judge adjourned trial until 9:45 am PT tomorrow.
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Dr. Farshchian: Once at Neverland Michael showed his mother the implant. She was very happy about it.
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Dr. Farshchian: Yes, I don't recall the conversation, but once she understood the procedure he said she was happy
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Did you understand Mrs. Jackson was concerned about his health?
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Last time he spoke with MJ on the phone was in the Winter of 2004. His first impression was that he wanted to get better for the kids' sake.
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Michael called Mrs. Jackson and Dr. Farshchian said he was treating MJ for addiction to Demerol.
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He said he also had a phone call with Mrs. Jackson where she wanted to know about the implants.
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Last time Dr. Farshchian spoke with Mrs. Jackson was at the funeral. Before he spoke with her at a 2002 Christmas at Neverland.
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Dr. Metzger-- yes, heard being MJ's physician in LA, might have spoken to him. Spoke about implants, what to do about it, how he should look
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Dr. Steven Hoefflin -- Dr. Farshchian doesn't know him
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Dr. Murray -- Dr. Farshchian doesn't know him
Dr. Arnold Klein -- yes, I heard about him through the media
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MJ was seeing other doctors in CA.
List of other doctors:
Dr. William Van Valin -- Dr. Farshchian doesn't know him
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Dr. Farshchian said he didn't know why MJ became addicted or started taking Demerol. The doctor said MJ did not abuse other drugs or alcohol
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"Monkey on his back" was Demerol use, Dr. Farshchian said.
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Dr. Farshchian said when MJ's third child, Blanket, was just born, there was 'a monkey on his back', he didn't want to do it anymore.
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Dr. Farshchian is not aware of MJ doing any other outpatient treatment.
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Putnam asked if the intervention was in the Spring of 2002. Dr. Farshchian said it might've been after or before, not sure.
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Dr. Farshchian: There was an attempt intervention by the family but MJ was very difficult to get to, bodyguard, so it may not have happened
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Putnam: How was he doing?
Dr. Farshchian: Not too good
Putnam: Was he using drugs again?
Dr. Farshchian: No
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The next time Dr. Farshchian saw Michael was the weekend after he was arrested.
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Patient can follow up with local physician at this point. Dr. Farshchian said he thought it was enough, the treatment was done.
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7/2/03 -- patient returned for another implant, sober for almost 9 months, good with 12 step program
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4/3/03: patient returns for another implant, sober for almost 6 months following 12 step program at least once week w/ private social worker
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1/20/03 -- patient returns for another implant, been sober for more than 2 months, states been following the 12 step program
Weight: 135 lbs
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12/4/02 record: Narcan implant at its place
Exercised the 12 steps with him
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Dr. Farshchian said he converted his garage into a bedroom for MJ. He never treated MJ at the house.
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He lives in North Miami Beach, Bay Harbor Island. Grace Rwamba might've stayed at the house as well.
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There was a period of time MJ stayed with Dr. Farshchian. He stayed over two times, the children one time.
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Dr. Farshchian: Each of the steps is somewhat connected of asking God to help you get strength to battle addiction.
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12/2/02 record -- feel very good, sleeping well
Patient sober, now going over the 12 steps with him
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Dr. Farshchian: My practice is completely orthopedic regeneration. He said he treats arthritis and orthopedic conditions.
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11/29/02 record -- feels very good, sleeping well. No sign of opiate withdrawal.
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11/27/02 record: Abdomen implant well placed
Naltrexone implant: continue current treatment, patient sober x 20 days
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11/26/02 record -- second procedure of Naltrexone
11/27/02 -- no nausea, vomiting, diarrhea
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Michael really wanted to do this, he came back to get the procedure done, Dr. Farshchian said.
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Dr. Farshchian said Michael had a local doctor who didn't know what the patch was and removed it. MJ would itch it, had some skin rash.
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11/26/02 record -- ankle wound is better, but he had taken the implant out by a physician at home, wishes to do another implant
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Putnam: Parts of his nose were missing?
Dr. Farshchian: Portions of his nose were take out

Two days later, MJ reported good nights.
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called turbinates, if you reduced it's called empty nose syndrome, to me that was the cause of that.
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Dr. Farshchian said MJ always had trouble sleeping. "To me his insomnia was caused, possibly, you have this area inside the nose...
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"MJ was very private with everything," Dr. Farshchian said. At the time, he was complaining of insomnia. He was seeing a herbologist for it.
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Dr. Farshchian said it was a 10 hour production to go from Neverland to Miami. MJ said he was going to see a psychologist.
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11/06/02 record -- phone call, states he's doing well tolerating minimum agitation, little insomnia
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Dr. Farshchian used local anesthesia with lidocaine 1%, done as outpatient in doctor's office in Miami.
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11/04/02 record -- MJ's weight was 128 -- pre-procedure, cut the skin, insert implant chip of Naltrexone.
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Dr. Farshchian said MJ was adamant about not going to rehab facility. He was concerned about his privacy and paparazzi.
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Record: He does not wish to go to an outpatient rehab facility despite the pressure from family. Discussed with him option of Naltrexone
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10/20/02 record -- patient states he need some help him with his addiction problem.
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MJ had some sort of infection on his leg, he was going to Germany at the time, so Dr Farshchian went with him for treatment of his condition
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7/21/02 record -- sent more information about Buprenex, since did not get any respond (sic) from him and his attempt to intervene
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Dr. Farshchian: It's usually placed in the abdomen lower than belly button, right or left side, and removed after 90 days.
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Dr. Farshchian said MJ's skin would have allergy from the patch, he wouldn't be very comfortable with it.
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The doctor said carrying an implant in you, you carry a risk of infection. That could be a reason they don't do it that much.
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Dr. Farshchian: The implant, back then it was more popular, not doing as much anymore.
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MJ had patch implanted 5 times. Dr. Farshchian said in training in family medicine, he learned about psychiatry and drug dependency.
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Dr. Farshchian said he implanted more than one patch of the drug in MJ. It normally lasts 60-90 days in the body.
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I chose Naltrexone, Dr. Fashchian testified. The drug inhibits the effects of the narcotics, if you take it it stops giving you the euphoria
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Dr. Farshchian: To treat Michael for that problem, I thought that because he travelled quite a bit he needed something to be on him.
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Putnam: Did he seek treatment with you?
Dr. Farshchian: Eventually
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Putnam: Did MJ tell you he was addicted to Demerol?
Dr. Farshchian: Not in certain words
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Dr Farshchian: When I got to know him I visited him at the hotel, read a little about him on the internet, then realized was ongoing problem
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At that time, Dr. Farshchian said he wasn't following MJ on the media. At that point, to me he was just a regular patient.
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Dr. Farshchian said MJ's main concern was his kids, always his kids, I'd do for my kids, and to spend more time with his kids.
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"He was trying to get off Demerol," Dr. Farshchian said. MJ told him he had a problem with the drug.
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Putnam: Do you remember the first time he told you he wanted to clean himself up from drugs?
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Putnam asked if MJ wanted to get off drugs, if that happened at the hotel in a second meeting with the doctor. He said yes.
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"He made an appointment like everybody else," Dr. Farshchian said.
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Dr. Farshchian: And he had an ankle issue that was more like a sprained ankle that was not healing and he had to continue to dance on it.
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Dr. Farshchian said MJ was having an issue with his ankle, he was supposed to performed at Madison Square Garden, had to rehearse.
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Dr. Farshchian treated MJ in April 2001 and stopped in 2003. 'I was one of his doctors," he said.
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Dr. Farshchian is not board certified. Center for Regenerative Medicine is his practice in Florida. He's the medical director.
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He then did residency in internal medicine and family medicine, went to private practice.
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He went to medical school in Saint Lucia in 1987. After that he did cardiac research at SUNY in Brooklyn. He did that for 3-4 years.
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Deposition was in August 2012. Marvin Putnam did the questioning. Dr. Farshchian went to Rutger's University, graduated in 1983 with pre-med
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AEG attorney Kathryn Cahan presented the next defendant's witness, via video deposition, of Dr. Alimorad Farshchian.
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Meglen was excused. Bina told judge she's going to put video deposition of Dr. Farshchian next, 52 minutes.
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Panish: Did you know MJ told his children they would go on a world tour?
Meglen: I have no idea
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"I cannot tell you how many more Michael Jackson tours he could've done it, it's pure speculation," Meglen said.
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Panish asked if MJ wanted to go worldwide, AEG would've been able to make that happen. Meglen said he could've set up the arrangements.
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Meglen: If Michael was still alive and touring, I would not be interested in doing a MJ conceptional show.
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Meglen said it's not possible to see the Beatles anymore, since some members are dead.
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Bina showed Gongaware's email again:
Here's the first-draft look at a worldwide tour... you can't pin this down now... too many variables.
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Meglen said Beatles' "Love" and Cirque du Soleil "O" are two of the most successful conceptional shows.
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The executive said he never told Gongaware and Phillips the projection was bad, only that he thought it was a long ways to get to the end.
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Panish: Were Paul Gongaware and Randy Phillips more involved in TII than you?
Meglen: Yes
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Meglen said that for lower ticket price TII was a great sale.
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Meglen said that at the time MJ died there were only 50 shows agreed upon between MJ and AEG.
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The executive said when MJ said "This is It" people thought that was it. But if he went to other cities, this was not it after all.
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Meglen said putting 13 million tickets on sale was not on his mind. He expected the London shows to do well.
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Meglen said again he doesn't agree with Phillips' opinion that there were 200+ more shows to be done in London.
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The executive said there was never a conversation about making TII show 360 degree.
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Meglen said if he could sell more tickets for TII he would have. "It's nothing but profit at that point."
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Meglen explained 180-240 degrees in front of the stage is the standard in the business.
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Meglen said for TII to become 360 degree tour, there would be cost associated with it. "Pretty much, it would have to be a new production."
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"This Is It" was not set to be a 360 degree show, Meglen said. He noted it was quite the opposite. MJ's production was $26-$27 million.
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Meglen: Artist has to be comfortable with all around stage, production becomes very challenging and incredibly expensive as well as sales
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Bina: But does it happen very often?
Meglen: No.
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Bina asked if artist is in the middle of stadium w/ microphone if there are reasons the show couldn't be filled to capacity. Meglan said no.
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Meglen: We don't have a crystal ball (on whether show would be successful or not)
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Meglen said his argument was that there was something better to do.
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Meglen said he became aware Cirque du Soleil was anxious to get a deal done with the Estate to have a MJ show.
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"There are numbers for per week, per year for the first 5 performance years, then next 5 performance years," Meglen explained.
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In re-direct, Jessica Bina asked about the proposal for the Las Vegas show in 2010 with MJ's Estate.
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"I think MJ would have to do over 2.5 shows a week or you couldn't have such a deal," Meglen said.
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Meglen: I asked MJ if he was performing this and he told me he did not want to do (a residency show in Las Vegas).
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"If I'm asking the artist if that's his doctor, that's throughly checking him out," Meglen explained.
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"We don't hire doctors, if the artist wants his doctor there, the way we check that out we go to the artist," Meglen said.
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Meglen: I'm aware of us checking people out.
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Panish asked if Meglen had ever seen an email saying AEG wanted to remind the doctor they are paying the bill. The exec said no.
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Panish: Have you ever called the doctor for 30 minutes to discuss the artist's condition?
Meglen: No
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"I've had situations where artists had been sick before, yes," Meglen said.
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"I've had situation where the production manager had emails about the artist's behavior," Meglen testified.
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Meglen said he has not had emails from show managers at AEG saying the artist was deteriorating.
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Meglen said he's aware of it happening before in the early 80s, not at AEG. He was involved minimally in the intervention.
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Panish asked if Meglen has had experience where the CEO is involved in doing an intervention with an artist.
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Panish: Did you hire a doctor for Leonard Cohen?
Meglen: We do not hire doctors
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Leonard Cohen -- AEG promoted and produced worldwide tour, Meglen said.
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Panish: In Australia?
Meglen: Yes

Meglen said he does not recall how many times MJ sold out in London.
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Panish: Are there a lot of stadiums in the world that hold more than 60,000?
Meglen: Yes, there are a lot of soccer stadiums in the world
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Panish: When you testified yesterday, you didn't know anyone that had gone to India, correct?
Meglen: No, that's not correct
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Meglen said he knows that Michael played in India, heard from Panish that Beyonce went to India.
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Regarding India, Meglen explained: "I don't think it's a small market, I think it's an under developed market."
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"I understand you are mistaken," Meglen said. "It doesn't mean you are a liar." Panish said he would not respond to Meglen's comment.
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Panish corrected himself about number of people living in India. Earlier he said several billion people live there, but should be millions.

 

[Annita]

Katherine Jackson knew about son's drug issues, doctor says -exclusive

http://abclocal.go.com/kabc/story?sectio…article-9184234

LOS ANGELES (KABC) -- There's a major development in the Michael Jackson wrongful death trial regarding the singer's use of drugs. Newly revealed testimony appears to contradict the recent testimony of Jackson's mother, who claimed to have no knowledge of her son's past addiction.

Jurors heard the most explicit details yet of Jackson's treatment for addiction. It was 2002, seven years before Jackson's death from the anesthetic propofol. Jackson's youngest son had just been born. Dr. Alimorad Farschian said Jackson wanted off of the painkiller demerol.

"Blanket was just born and that was Why he wanted to, what he phrased, 'a monkey on his back,' he wanted to just not deal with it anymore," Farschian said in a video deposition.
In the video, Farschian states Jackson's family was pressuring the artist. The doctor's statement conflicts with the testimony of Katherine Jackson, who said under oath that she had no personal knowledge that her son struggled with dependency. The doctor said he talked to her directly about the singer's detox treatment.
"I think she wanted to know all about it, what was going on," said Farschian.

Farschian described implanting Michael Jackson with a type of demoral antidote. Naltrexone, also known as narcane, is a tiny tube inserted under the skin to block the euphoric effect of opiates. The doctor said he implanted Jackson five times over nine months and that he personally witnessed Mrs. Jackson examining her son's incision.
"I remember that was in Neverland. Michael did show the implant to his mother. Just his mother was there. She was very happy," said Farschian.

Katherine Jackson is suing AEG Live, alleging that the tour promoters hired and failed to supervise Conrad Murray, the physician linked to the singer's propofol overdose. Her attorneys assert that Jackson's health was deteriorating from anxiety and sleep deprivation in the two months before his death.
Jurors heard from Farschian that Jackson suffered from insomnia years earlier. The doctor's theory is that it was linked to cosmetic surgery: a key part of Jacksons nose was missing.
"It is possible that you produce what they call empty nose syndrome and producing insomnia," said Farschian.

http://de.wikipedia.org/wiki/Empty_Nose_Syndrome

About the plaintiffs claim that Jackson was emaciated, the autopsy recorded he was 136 pounds when he died. Farschian testified that Jackson weighed 128 when he treated him.


(Copyright ©2013 KABC-TV/DT. All

 

[ivy]

Re: Jacksons vs AEG - Day 55- July 24 2013 - News Only (no discussion)

AEG Live exec: 'Celine Dion's bigger than MJ'
By Alan Duke, CNN
updated 10:15 AM EDT, Thu July 25, 2013
Katherine Jackson: Michael's mother, 82, was deposed for nine hours over three days by AEG Live lawyers. As the guardian of her son's three children, she is a plaintiff in the wrongful death lawsuit against the company that promoted Michael Jackson's comeback concerts. Katherine Jackson: Michael's mother, 82, was deposed for nine hours over three days by AEG Live lawyers. As the guardian of her son's three children, she is a plaintiff in the wrongful death lawsuit against the company that promoted Michael Jackson's comeback concerts.
HIDE CAPTION
Key players in Jackson wrongful death trial

>>
STORY HIGHLIGHTS
AEG Live's John Meglin disputed an estimate of how much Michael Jackson could've earned
An expert said Jackson would have earned at least $1.5 billion had he lived to age 66
If jurors decide AEG Live is liable in Jackson's death, the estimate could guide damages
A nurse who gave Jackson anesthesia is set to testify Thursday

Los Angeles (CNN) -- A top executive with AEG Live insists Celine Dion is a "bigger" artist than Michael Jackson.
John Meglin, testifying Wednesday at the wrongful death trial of AEG Live, also downplayed how many tickets Jackson could have sold if he had not died while preparing for his comeback concerts.
AEG Live lawyers are challenging an entertainment expert hired by Jackson lawyers who estimated the King of Pop would have earned $1.5 billion touring the world before his 66th birthday had he not died from an overdose of a surgical anesthetic at age 50.
Michael Jackson's mother and three children contend the company is liable for damages because it hired, retained or supervised the doctor convicted of involuntary manslaughter in his death.
Photos: Controversial celebrity deaths Photos: Controversial celebrity deaths
If jurors agree, they could then use estimates of Jackson's lost earnings as a guide to determine how much AEG Live -- the promoter and producer of his "This Is It" tour -- must pay the Jacksons in damages.
Celebrity substance abuse confessions Celebrity substance abuse confessions
AEG Live lawyers argue that Jackson -- not its executives -- chose and controlled Dr. Conrad Murray, the doctor who signed a $150,000 a month contract with the company to serve as Jackson's doctor for the tour. AEG Live executives never signed the contract, which Murray returned to them just hours before Jackson's death.
A nurse anesthetist will testify Thursday about administering anesthesia to Jackson during a medical procedure. He will be the first of what AEG Live lead lawyer Marvin Putnam said would be a parade of "many, many" medical professionals who treated Jackson. The company will try to prove that Jackson was a secretive drug addict, which prevented promoters from knowing about the dangers he faced under Murray's care.
AEG Live tries to show Jackson had secret drug addiction
Meglin, who has been a concert promoter since the 1970s, is the CEO of Concerts West, the division of AEG Live that was in charge of Michael Jackson's tour. He was the first witness called as the company began presenting its defense in the 13th week of the trial.
Much of his testimony was focused on attacking the analysis of certified public accountant Arthur Erk, who testified last week that he was "reasonably certain" that 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 lived to age 66, Erk said.
Erk's analysis suggested Jackson would stage many of his shows in large stadiums, with more than 90,000 fans buying tickets to many of the concerts. But Meglin testified that his experience told him that no stadiums would seat that many people for Jackson's kind of show. The Erk estimates were inflated by about 30%, Meglin testified.
The Rose Bowl would only seat 60,000, Meglin said. Although Billboard Magazine reported that U2 performed for 97,000 people in the Pasadena, California, venue in 2009, Meglin said he was "trusting my gut" that the numbers were inflated. "I know how those numbers can be manipulated," he said.
Jackson lead lawyer Brian Panish noted that 98,000 people were in the Rose Bowl seats when Michael Jackson performed the halftime show for Super Bowl 27 in 1993.
Jackson's mom faces cross examination
Meglin also contested Erk's suggestion that Jackson would have taken his tour to India for at least three shows.
"Nobody goes to India," he said. He later acknowledged that Jackson performed there during his HIStory tour.
"It's not a very big market," Meglin said of India, which is home to about 1.25 billion people.
Meglin also disagreed with what one of his superiors, AEG Live CEO Randy Phillips, wrote in an e-mail that there was enough demand in England alone to sell out more that 200 Jackson shows. "He believed that," Meglin testified. "I don't believe that."
Fans bought all 750,000 tickets put on sale for 31 shows in March 2009 in just two hours, Phillips said. Enough buyers were already registered to sell out another 100 shows, Phillips wrote.
Meglin also disagreed with Phillips' opinion that Michael Jackson was the biggest entertainment artist ever.
"I do myself personally believe that that is not true," Meglin testified Wednesday. "In my opinion Celine Dion is right up there with Michael Jackson and, to me, she is bigger."

 

[ivy]

Jacksons vs AEG - Day 56- July 25 2013 - News Only (no discussion)

Jacksons vs AEG - Day 56- July 25 2013 - News Only (no discussion)

Use this thread to post any and all news stories from day 56 of Katherine Jackson vs. AEG trial.

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

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

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

 

[ivy]

ABC7 Court News ‏@ABC7Courts 12m
Here's out story from last night: http://abclocal.go.com/kabc/story?section=news/entertainment&id=9184234 …
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ABC7 Court News ‏@ABC7Courts 13m
We'll have the latest on @ABC7 Eyewitness News show at 4pm PT and http://www.abc7.com
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Lunch break is almost over. We'll bring you all Fournier's testimony as soon as we can. Remember, no live tweets per judge.
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Judge is overruling the objection since she thinks it's been offered for the truth and it's hearsay. Defendants not allowed to use it.
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Cahan said it goes to the issues of life expectancy, addiction issue, concealment of drug use.
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Cahan: MJ knew he had a Narcan implant and chose not to disclose it. He stopped breathing for 5 minutes in the middle of the procedure.
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Cahan said the relevance is that Fournier asked MJ about changes from prior treatment.
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Panish asked what the relevance is, said defendants are trying to introduce character evidence, which has nothing to do with this case.
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Cahan: That continues until he realizes there's a reaction to Narcan implant.
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Cahan: He's administered anesthesia, MJ stopped breathing for 5 minutes, Fournier had to breath for him
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Bina said Fournier didn't know what to do, he asked the doctor and changed the treatment. She said MJ admitted he had an implant after.
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Judge asked sides to research if the conversation would be considered exception to the hearsay rule.
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Panish said this was in 2003. He claims it's character evidence, that MJ never disclosed it to the nurse. He also claims to be hearsay.
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'Oh, he has a Narcan implant,' Dr. Klein allegedly told Fournier, who then directs Fournier how to treat MJ.
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Fournier is performing anesthesia in MJ, there's a situation that arises, Kathryn Cahan said.
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Nurse and anesthetist David Fournie had conversation with Dr. Klein and defendants want to introduce that conversation in the testimony.
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Outside the presence of the jury, Jacksons' attorney Brian Panish expressed concern about next witness.
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Katherine Jackson present in court wearing a fuchsia dress with black flowers and a fuchsia jacket.
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ABC7 Court News ‏@ABC7Courts 23m
Hello from the courthouse in downtown LA. Day 56 of Jackson family vs AEG trial is under way.

 

[ivy]

Nurse details anesthetic treatments for Jackson
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Associated Press ANTHONY McCARTNEY 43 minutes ago
HealthCelebritiesMichael JacksonDavid FournierKatherine Jackson
FILE - In this Feb. 22, 1998 file photo, U.S. pop star Michael Jackson waves after arriving at the Kimpo Airport in Seoul to attend the inauguration ceremony for President-elect Kim Dae-jung and also discuss plans for a benefit concert to aid starving North Korean children. David Fournier, a nurse anesthetist who treated Jackson between 1993 and 2003 told a Los Angeles jury on Thursday July 25, 2013, in a civil case against AEG Live filed by Jackson’s mother, that the singer had a high tolerance for anesthesia and was not always forthcoming with his medical history. Fournier said he stopped working on Jackson after the singer seemed unfit to undergo cosmetic surgery in 2003. (AP Photo/Ahn Young-joon, File).
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FILE - In this Feb. 22, 1998 file photo, U.S. pop star Michael Jackson waves after arriving at the Kimpo …

LOS ANGELES (AP) — Michael Jackson had a high tolerance for certain drugs and wasn't always forthcoming with his medical history, a nurse anesthetist who treated the singer testified Thursday.

Witness David Fournier told jurors he had worked with Jackson for a decade until the relationship ended in 2003, when Fournier refused to participate in a medical procedure.

Jackson was acting "goofy" and was slow to respond to standard questions before a scheduled cosmetic surgery that was canceled after Fournier refused to administer an anesthetic, he said.

The incident came a few months after Fournier said he had to help Jackson breath while undergoing another procedure and later determined that Jackson had not disclosed a new medical condition.

"He wasn't honest with me," Fournier said without detailing the change in Jackson.

At the time, Jackson had an implant in his abdomen to block the effects of Demerol and other opiate drugs.

Fournier testified that he had given the singer a relatively large dose of a powerful anesthetic and needed to know how Jackson was going to react.

A judge ruled that Fournier couldn't testify about the implant because he learned about it from Jackson's dermatologist, and it was a hearsay statement.

Jurors, however, had heard about the device through videotaped testimony of another Jackson doctor on Wednesday.

Fournier testified as a defense witness in a negligence case filed by Jackson's mother against AEG Live LLC, the promoter of Jackson's comeback shows.

Katherine Jackson claims the concert promoter failed to properly investigate the doctor who was later convicted of involuntary manslaughter for giving Jackson an overdose of the anesthetic propofol as a sleep aid in 2009.

AEG denies it is liable for Jackson's death. Its lawyers have said Jackson hid his prescription drug use from nearly everyone.

Fournier said his incomplete medical records show he administered propofol to Jackson at least 14 times between 2000 and 2003. He estimated he gave the singer the drug numerous other times over the years for a variety of cosmetic and dental procedures.

He noted in his records that Jackson had a high tolerance for certain drugs, which Fournier said could be attributed to a variety of factors, including genetics.

During cross-examination, Fournier said Jackson never requested any specific drugs, including propofol, during procedures or asked to be sedated for longer than was necessary. He said the singer didn't exhibit any drug-seeking behavior or signs that he was doctor-shopping.

Fournier said he knew that Jackson had received an above-average number of anesthetic treatments over his lifetime, and many were related to procedures needed after Jackson was badly burned in a shoot for a Pepsi commercial in 1984.

Fournier said it was not common to administer an anesthetic during cosmetic procedures, but the ones done on Jackson were complex and involved dozens of injections. Some of the procedures were near Jackson's eye and sedation was necessary to keep him still, Fournier said.

Fournier also said he never had any indication that the singer was using propofol as a treatment for insomnia.

Jackson's physician Conrad Murray had been giving the singer nightly doses of propofol as Jackson prepared for his ill-fated "This Is It" shows.

 

[ivy]

Re: Jacksons vs AEG - Day 56- July 25 2013 - News Only (no discussion)

ABC7 Court News ?@ABC7Courts 55m
June 2, 2003 is the date MJ had an apnea episode.
"Yes, I was upset about that," Fournier said.
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Koskoff: Did you believe he was lying to you?
Fournier: The problem happened after that discussion
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Koskoff asked in April 24, 2003 -- how did that procedure go?
Fournier: No problem
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Koskoff asked if MJ did well in the procedure on 5/13/03. "Other than difficult IV placement and high tolerance to medication, he did fine"
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Fournier: I believe he denied all medications
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Koskoff: Something happened at that point to make you believe Michael had misrepresented that he didn't change his medications?
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Koskoff: And MJ said there was no changes
Fournier: Right
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Koskoff asked if Fournier inquired 'Michael, has there been any change in medication since last time I saw you?'
Fournier: Correct
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Koskoff recalled the day MJ called Fournier to wish him happy birthday. Fournier said he knew MJ had a problem sleeping.
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Michael Koskoff did cross examination. He wanted to talk about the thing that really got you angry at MJ. "I wasn't angry," Fournier said.
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Fournier said he ran into MJ in 2005 at the waiting room of a doctor's office.
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Fournier said he was sometimes paid for his work, but sometimes it took up to a year to receive payment for care to Michael Jackson.
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The procedure moved forward next day, Fournier said. MJ did great.
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Fournier: I had become aware of Narcan implant had been used for his care so I asked him about that.
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Fournier said the discussion was probably pre-op call before a procedure.
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This was late August/September in 2003, after the procedure MJ stopped breathing.
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Fournier: Subsequent to the procedure, he said he have had one but it was out, that he was clean and didn't need one.
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Cahan: Did you have conversation with Mr. Jackson about Narcan implant?
Fournier: Yes
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MJ never discussed Naltrexone with Fournier.
Cahan: Do you know what Narcan implant is?
Fournier: I do now, it was not FDA approved then
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"My understanding is that the last time he had a problem (with Demerol) was in 1993, when he announced to the world," Fournier said.
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Cahan: Did you ever have a conversation with Mr. Jackson where he said he had a procedure to block the effects of opioids?
Fournier: No
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Cahan: In the last times you treated MJ, did he ask you not to use Demerol?
Fournier: Yes, he said he didn't like it, didn't want it
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They are controlled substances to relieve pain, Fournier said. MJ said he did not like Demerol one time, according to the nurse.
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Cahan: Did you ever administer an opioid/painkiller in connection with a procedure?
Fournier: Yes. Fentanyl, Demerol, Dilaudid
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Every time they met, Fournier said they talked about the medications he was taking.
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Fournier said MJ became a patient in 1992-93. He said in 1993 MJ announced he was addicted to prescription medication.
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Fournier tapped at the window and saw MJ eating a bucket of chicken and some biscuits. "He was embarrassed," Fournier said.
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But he said he happened to drive by Kentucky Fried Chicken, saw MJ's limo parked.
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Fournier said he tells patients after anesthesia to resume diet slowly, told MJ to go home, have crackers, soup.
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"I told him to go home and instead of going home he went to rehearse," Fournier said. MJ sprained his ankle at rehearsal for Grammy Awards.
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Fournier said that post-operatively they want patients to go home with an adult to keep an eye on them for 24 hours.
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Fournier: I felt this period here, in June (of 2003), he wasn't honest with me
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Fournier: Despite 10 years of quality of care, and taking good care of him, he (MJ) never called me back
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After that, Fournier explained what happened to their relationship.
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Judge: Was Dr. Klein there?
Fournier: Yes
Judge: And he didn't stop the procedure?
Fournier: Michael came in and I made the decision
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Fournier said he felt uncomfortable. This was about 3 months after the last procedure.
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"He was acting inappropriate," Fournier recalled. He said he believes the procedure was with Dr. Klein and another doctor to do facial work.
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Fournier: I asked if there were any changes in medication, he denied it, I didn't believe it, we canceled the procedure
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Fournier: The last time I treated MJ, a few months after, he came to surgery center. He was a little goofy, a little slow to respond.
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Fournier: My impression is that he had not been truthful
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Cahan: Did you form an impression after this procedure whether MJ was being honest with you denying any change of medication?
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MJ did not tell Fournier about any recent changes in his medication, according to Fournier's chart.
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Fournier said Dr. Klein told him something during the procedure and that they spoke after about it.
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Fournier: I controlled his ventilation 4 couple of minutes, it happened again, I lightened him up, assisted one more time w/ his breathing.
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At some point MJ had an unusual reaction, Fournier said.
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Medical record from 6/02/03:
Dr. Klein
Multiple derm procedures
Weight: 140 lbs
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Fournier said he quizzed MJ about the slurred speech, if he was using recreational drugs. He denied it, said he was not using anything.
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"He was more than tired, he was slurring the words," Fournier said. "I assumed something was going on."
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Fournier testified Michael told him he was tired, or might've take something to sleep.
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Fournier said 3 days before the procedure it was his birthday and MJ called to wish happy birthday. "His speech was slurred," the nurse said
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Medical records from 6/02/2003
Problems:
Denies any medical or medication changes
Three days ago slurred speech, heard on the phone
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Cahan: Was there a time you didn't think MJ was being truthful with you?
Fournier: Towards the end of our working relationship, yes
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"Procedures were done at night to protect his privacy and for his safety," Fournier said.
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MJ used aliases, before he left they looked outside to see if paparazzi were not there. Other aliases MJ used: Michael James, Jack James.
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Fournier said MJ would have procedures done in the evening, came in the back door, bodyguards used umbrella to shield the camera.
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"He loved people, but people could be overbearing sometimes," Fournier explained.
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MJ was very concerned about his privacy, Fournier said. He could not even go shopping without being disguised.
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Fournier said it is not appropriate to give Propofol in a home setting. He would never allow a patient to dictate how to give anesthesia.
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Doctors MJ saw:
- Dr. Lee Bosley (hair restoration)
- Dr. Gary Tearston (plastic reconstructive surgery)
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Doctors MJ saw:
- Dr. Edward "Lee" Baxley (dentist)
- Dr. Leslie Levine (dentist)
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Doctors MJ saw:
- Dr. Stephen Hoefflin (plastic surgery)- Dr. Allan Metzger (internist)
- Dr. Lawrence Koplin (plastic surgery)
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The nurse cannot perform any procedure without a doctor present.
Doctors MJ saw:
- Dr. Arnold Klein (dermatologist)
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Fournier's normal starting dose is 1 mg of Versed. This was a dental procedure.
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"He was taking a little bit more than I'd anticipate to keep him comfortable," Fournier said.
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Versed is a benzodiazepine, same as Valium, Fournier explained.
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Medical record of 11/14/2000
Weight: 130 lbs
Mentions Versed, 5 mg
Very high tolerance noted
Vitals stable
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Fournier said sometimes he would go 6 months without seeing MJ, so he explained the risks of anesthesia every time.
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Medical record from 5/13/2003 -- weight 135 lbs
difficult IV place, difficult monitoring anesthesia, high tolerance of medication
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Fournier explained that some times he would have to start IV on small veins on MJ on the top of his finger or surface of the arm.
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Fournier said it required multiple attempts some times to get an IV line in MJ. "I think the most I had to stick him was 3 times," he said.
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The nurse said he had trouble some times placing IV on Michael Jackson. He said at times he would have to change places.
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MJ never told him he was using Propofol to help sleep. Fournier said he never used Propofol to treat a patient for insomnia.
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Fournier said MJ was very warm, likable guy and they became friends. He visited Neverland twice.
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Fournier: The street name (of Propofol) is "milk of amnesia." One time I remember he (MJ) referred to it as "milk."
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He said he did not administer anesthetics after September 2003.
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From 1993 to 2000, there are no medical records. He said he believes he gave MJ Propofol in 2001, but does not have records.
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Cahan said she counted 14 different occasions where Fournier administered Propofol to MJ. He has record for 2000, 2002 and 2003 only.
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Medical record from 4/11/02:
Omar Arnold
Weight: 132 lbs
Dr. Koplin
Multiple collagen injections
Additional drugs given -- Propofol 140 mg
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The nurse said Propofol burns if not given correctly, can cause hypertension.
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Fournier said Propofol half life is 2-8 minutes. It metabolizes relatively quickly, patients wake up feeling well, there's anti-nausea in it
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If the drug is not in proper hands, administered with proper monitoring, it's dangerous, Fournier explained.
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Propofol is not available in pill form and is not given as prescription to patients because it's an anesthetic, dangerous, Fournier said.
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"Every time we give anesthetic there's a potential for reaction," Fournier said.
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All the equipments needed are very expensive, Fournier said. He had about $70,000 invested in his operating room.
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Fournier read the label of Diprivan (brand name for Propofol). He said monitoring the patient is a full time job.
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Depending on the dose, the patient can breath on his own, Fournier said.
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Fournier said to keep patient sedated you also need computerizing infusion. It's a more controlled way to administer drugs rather than drip.
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More equipment: Pulse oximeter, IV access and IV fluids, Resuscitation Drugs, Continuos monitoring
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More equipments: Endotracheal tube ready to go, Available source of oxygen, EKG, Capnograph, Ability to measure blood pressure
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Equipment needed for Safe Administration of Propofol: Ambu bag and mask, Assorted airway equipment, Laryngoscope blade, Laryngeal mask
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Fournier has been using Propofol since 1990. It's appropriate to use the drug mostly in operating room and/or controlled setting, he said.
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MJ got 100s of injections around the eye, various parts of his face. It's more than average patients, needed to be sedated to tolerate pain.
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Fournier: Michael was special in that. Instead of 5 or 6 injections that people normally get, MJ would get 50-100
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Cahan: Do you frequently anesthetize patients receiving Botox or fillers?
Fournier: No
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More procedures: extensive tattooing on his lips, eyes, brown area, Botox, collagen and filler injections
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The nurse worked on MJ at the following procedures: scalp reduction for burn he suffered, abscessed tooth, root canal
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Fournier said he always took MJ's medical history prior to procedures.
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The nurse said that if it's a regular patient, he would still take medical history, but it would be abbreviated.
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Fournier explained all the questions he asks the patient before giving anesthesia: medical history, medications, etc.
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Cahan asked if it concerned him that MJ was 130 lbs.
Fournier: No, he's lean, muscular, in good shape, so no
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One time Fournier said he asked why MJ was down to 130 lbs. He said the singer told him he had been on tour, dancing.
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Cahan: Did he have a good appetite?
Fournier: Not really. I would ask him what he had to eat last and he would say lunch the day before
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Fournier: I think he weighed between 130 and 140 pounds during the 10 years I treated him.
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Weight is a factor in anesthesia, Fournier said. It gives a very rough estimate where to start the dosage.
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MJ said he weighed 130 lbs in January of 2000. Fournier said he probably accepted MJ's representation.
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Michael had a number of aliases, Omar Arnold was one of them, Fournier said.
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Fournier said he always asks height and weight of patients and if he thinks the weight is off, he puts patient on scale.
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Cahan showed a medical history form and anesthetic consent.
Weight: 130 lbs -- Date: 1/19/2000
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Fournier estimates he treated MJ 30-35 times, anesthesia perhaps 25 times.
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Some of the times I did not give him medication, just observed him, Fournier said.
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Fournier said he believes the standard is 7 years before a physician destroys a patient's record.
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Fournier gave a deposition in this case. He provided the medical records he had pursuant to a subpoena.
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He treated MJ for about 10 years. Fournier said he does not have all the records of his treatment to Michael Jackson, but has some.
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Most of the records were destroyed due to time limit, Fournier said. Last time he treated Michael was in 2003, about 6 yrs before his death.
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Three to six months later, Fournier recalled he was called back to treat MJ. This was in Jan 1993.
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Fournier said the doctor was very concerned, didn't want anything to go wrong. Airway management is one of his skills, Fournier said.
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"He said it was really important for me to go, since it was Michael Jackson," Fournier recalled.
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Fournier: I initially refused, I don't do that, doctor was very insistent, offered me cash upfront.
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Doctor had a concern there might be anaphylactic reaction to inoculations.
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Fournier said he got a call in 1992 from a dermatologist's office, asked him to come by, stand by, didn't tell him who the client was.
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He's self-employed, works at outpatient surgery in Beverly Hills; works with plastic, reconstructive, orthopedics, gynecological surgeries
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Fournier graduated in 1984 from UCLA, has been practicing continuously since that time.
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Anesthesiologist gets bachelor degree in science, then medical school. Nurse anesthetist goes 2 nursing school, then same training as doctor
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There's a number of hours of continuing education needed to maintain license.
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He did Bachelor Degree in Nursing and Master's Degree in Anesthesia. There's a board exam that need to be taken, Fournier did very well.
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He is a Certified registered nurse anesthetist, trained in the specialty of anesthesia.
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Kathryn Cahan did direct examination of David Fournier. Fournier said he's terrified of testifying today. He's testified twice before.

 

[ivy]

Re: Jacksons vs AEG - Day 56- July 25 2013 - News Only (no discussion)

ABC7 Court News ?@ABC7Courts 38s
Then next witness will be Eric Briggs - Retained expert projections and evaluation in the entertainment business (to counter what Erk said)
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Witness is excused. Trial adjourned until tomorrow morning at 9:30 am. Next witness is Dr. Scott Saunders - via video deposition.
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"I knew he was in the hospital in 1994 after the burn, yes," Fournier said.
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"Some burn patients get hundreds of anesthesia," Fournier said, and Michael was a burn patient.
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Dr. Klein apologized afterwards for not telling Fournier about the implant.
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Fournier: I'm going to assume if he's having a surgical procedure to implant something he would know what that is for.
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So if MJ didn't say anything about the implant, it could be because he didn't know it was a medication, Koskoff asked.
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Koskoff asked Fournier if he knows whether Dr. Farshchian told MJ the implant had medication in it. He said he doesn't know.
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Fournier said that after he canceled the surgery, MJ never called him again on his birthday and never used his service anymore.
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"He was not telling me the truth," Fournier said.
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Cahan: So 3 times in 2003 he did not disclose he had a Naltroxene implant?
Fournier: Correct
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Fournier: All of those times Michael denied taking any medication
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Cahan: Did MJ ever say he was on any medication whatsoever in April, May and June 2003?
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Cahan asked Fournier to assume MJ, beginning in Nov 2002 to July 2003 placed 5 Naltrexone implants.
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Fournier: Hiding information from person who's going to take care of you can lead to untoward event.
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"If you gave it to me I would probably stop breathing," Fournier said.
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Cahan, in re-direct, asked if 300 mg of Demerol in single intramuscular is a lot. "That's a tremendous amount," Fournier responded.
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Fournier said it's usual for physicians to look at charts to see what kind of treatment was done before and the response he had.
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Fournier: If you're taking care of somebody and if someone else asks you, that's taking care of patient. It's not chattering.
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Koskoff said there are 200-300 people in the anesthesia community.
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Fournier said he didn't understand the question, that he talked to other people treating MJ.
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Koskoff: If MJ was concerned that an anesthetist was talking about him having Narcan for drug addiction, would that be a valid concern?
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ABC7 Court News ?@ABC7Courts 12m
"Sometimes when it involved patient care, we talk to each other," Fournier said.
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ABC7 Court News ?@ABC7Courts 12m
Fournier said it's a small community (of anesthesiologists) and everyone talks to everybody about who they are treating.
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ABC7 Court News ?@ABC7Courts 12m
Koskoff: Are you still mad?
Fournier: No, got over it
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ABC7 Court News ?@ABC7Courts 12m
Fournier: I was angry at Dr. Klein, I was angry at Michael, I was angry at anyone who knew about it and didn't tell me.
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"You expect your clients and your doctors to be honest with you," Fournier explained.
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Koskoff asked if Fournier was more concerned that Dr. Klein didn't tell him. He said yes. Michael told Dr. Klein about it, Koskoff said.
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Fournier said they had a good relationship and MJ was a good patient. But MJ did not followed post-operative recommendations.
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Koskoff: You treated MJ over period of more than 10 years
Fournier: Correct
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ABC7 Court News ?@ABC7Courts 16m
"12.5 mg of Demerol is giving intravenously for shivering," Fournier said. The dose if from 12.5-25 mg.
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Fournier said he uses Demerol in a limited basis. It was popular in the '70s. It's a drug used for pain, analgesic, opioid.
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Koskoff: Isn't it true a fit and competent doctor would not give Propofol at home?
Fournier: Correct
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Koskoff asked if MJ was the same as when Fournier treated him. "He was thinner," Fournier responded.
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ABC7 Court News ?@ABC7Courts 18m
Fournier said MJ was very thin and frail in pictures he saw of the singer in 2009.
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Koskoff: Physically, during the time you treated him, did he look well?
Fournier: Yes
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ABC7 Court News ?@ABC7Courts 21m
"He told me he didn't like it," Fournier said MJ told him about Demerol.
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Koskoff: Did he ever ask you to remain under anesthesia for longer than you thought was necessary?
Fournier: No
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ABC7 Court News ?@ABC7Courts 23m
Fournier said he never felt MJ had anesthesia inappropriately and didn't feel like MJ was doctor shopping.
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Fournier about Dr. Klein and Botox: He was quick to tell me he was a pioneer and no one could do better than him
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All the doctors treating MJ were top notch physicians, Fournier said.
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Koskoff: If someone say MJ had drug-seeking behavior, you didn't see it?
Fournier: Correct
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Koskoff: You called the shots?
Fournier: Correct
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Koskoff: You gave MJ Propofol and he never asked you for Propofol, correct?
Fournier: Correct
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Fournier agreed that Michael never chose the drugs he administered, never asked for more.
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Koskoff: You said you literally held his hand?
Fournier: Yes, for painful injections, squeeze my hand if you feel pain
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"They were very happy to have me there to make sure Michael was safe," Fournier testified.
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Fournier: the doctors appreciated someone monitoring MJ, he was very important, at the peak of his career, and Michael was paying me
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Koskoff said about holding Michael's hand, if that was literal.
Fournier: Yes, it's literal
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Fournier has no prescription authority in California.
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"I have a suspicion of what causes it," Fournier said. "Very strong suspicion."
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Koskoff asked if Fournier knows what caused the reaction on June 2, 2003.
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Medical record from May 13, 2003:
Height: 72 inches (6 feet)
Weight: 140 lbs
Allergy: Demerol
Medications: Denied
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Koskoff: If you assume he was implanted in April 2003, at this time (May) he had it on, right?
Fournier: Correct
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Koskoff: May, 2003 -- did you give him an opioid?
Fournier: Remifentanil, high dose, developed tolerance
Propofol -- 240 mg
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Koskoff: Did you use any opiates in June 2?
Fournier: Yes, Remifentanil
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In the medical record, Fournier wrote allergy to Demerol. He said it was a code to himself to not give MJ that drug.
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Fournier: He never told me he was allergic to it (Demerol), he said he didn't like it.
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Koskoff: In approximately 10 year he never reported to you allergy to Demerol?
Fournier: In the last year he did (after he started implant)
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Fournier: It would have the same effect of this kinds of drugs, antagonist opioid effect and it's dose-dependent.
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Koskoff: Do you know the effects of Naltroxene in anesthesia?
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Naloxene, which is Narcan -- Fournier has familiarity with it
Fournier is not used to Naltrexone, but said it's also an opioid inhibitor.
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"I know the effects of Narcan," Fournier said. It can cause cardiac arrest, tachycardia, defibrillation.
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Dr. Klein told Fournier MJ had a Narcan implant, he went home, research it and could not find anything on it.
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Fournier: Correct. They are two different drugs.
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Koskoff: If Dr. Farshchian said it was Naltrexone implant and he thought it was the same as Narcan, it would be a mistake, correct?
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"I was told by two of his physicians there was one," Fournier said. He spoke with doctors Klein and Metzger about it.
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Fournier said he never heard Narcan as an implant, had never seen one.
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Koskoff: You have no knowledge whether the Narcan implant had anything to do with the reaction in June?
Fournier: No
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Koskoff: Would you be willing to apologize to Mrs. Jackson for saying her son was lying to you?
Objection, sustained, irrelevant
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ABC7 Court News ?@ABC7Courts 39m
Koskoff: And it was because you thought MJ had misrepresented he didn't change his medications, correct?
Fournier: Yes

 

[ivy]

Re: Jacksons vs AEG - Day 56- July 25 2013 - News Only (no discussion)

Michael Jackson's drug use explored in trial
By Alan Duke, CNN
updated 4:47 AM EDT, Fri July 26, 2013
Katherine Jackson: Michael's mother, 82, was deposed for nine hours over three days by AEG Live lawyers. As the guardian of her son's three children, she is a plaintiff in the wrongful death lawsuit against the company that promoted Michael Jackson's comeback concerts. Katherine Jackson: Michael's mother, 82, was deposed for nine hours over three days by AEG Live lawyers. As the guardian of her son's three children, she is a plaintiff in the wrongful death lawsuit against the company that promoted Michael Jackson's comeback concerts.
HIDE CAPTION
Key players in Jackson wrongful death trial

>>
STORY HIGHLIGHTS
Nurse David Fournier gave Jackson propofol 14 times in 3 years
The sedations were for plastic surgeries, dermatological procedures and oral surgeries, he said
Jackson never asked for specific drugs and never quarreled with him, Fournier says
AEG Live's lead lawyer has said he would call "many, many, doctors" as witnesses

Los Angeles (CNN) -- A nurse who administered propofol to Michael Jackson more than a dozen times said the pop star did not appear to be a drug-seeker.
David Fournier was called as a witness Thursday by AEG Live in an effort to convince jurors that Jackson was so deceptive and secretive about his drug use that its executives had no way of knowing his health was in danger as he prepared for his comeback concerts.
An economist hired by the concert promoter's lawyers will testify Friday in an effort to downplay how much money Jackson might have earned had he not died at age 50 -- an important issue if the jury decides AEG Live is liable in his death.
Michael Jackson's mother and three children contend the company negligently hired, retained or supervised the doctor convicted of involuntary manslaughter in his death -- which the coroner ruled was caused by an overdose of the surgical anesthetic propofol.
AEG Live argues that Jackson chose and controlled Dr. Conrad Murray, who told investigators he gave Jackson nightly infusions of propofol to treat his insomnia.
Photos: Controversial celebrity deaths Photos: Controversial celebrity deaths
Fournier, a certified nurse anesthetist, testified about an incident on June 3, 2003 in which Jackson stopped breathing while under sedation for a procedure with Beverly Hills dermatologist Dr. Arnold Klein. After Jackson suffered a "somewhat bizarre reaction" during the sedation, Klein told Fournier it might be because the singer had an "opioid antagonist" implant. It was intended to help treat a dependence on Demerol, he said.
"You expect your clients and doctors be honest with you and I felt ambushed and was upset," Fournier testified. The nurse said it made him angry at both Klein and Jackson.
AEG Live lawyers hope jurors see the incident as evidence that Jackson was dishonest about his drug use, which would support their contention that their executives had no way of knowing about the dangerous treatments he was getting from Murray.
Fournier also testified that Jackson failed to follow his instructions in two instances after being sedated for procedures. Jackson went to a Kentucky Fried Chicken restaurant for a bucket of chicken instead of going home and eating crackers, he testified. Another time he went to a rehearsal for a Grammy show performance and sprained his ankle, he said.
Every instance where Jackson was given propofol was medically justified, Fournier said. The 14 times he administered it between 2000 and 2003 involved plastic surgeries, dermatological procedures and oral surgeries, he said.
He first sedated Jackson in 1993 when he was being treated for serious scalp burns suffered while filming a Pepsi commercial several years earlier, he said.
Some of the 25 times he was hired to assist with Jackson's procedures no drugs were given, he said. He would just hold his hand and assure him it would be all right.
Jackson never asked for specific drugs and never quarreled with him, he said. All of the doctors who treated him were respected physicians, he said.
Fournier's friendly relationship with Jackson ended in November 2003 when he canceled a procedure because Jackson was "a little goofy, a little slow to respond." Fournier said he refused to sedate Jackson because he suspected he was lying to him about his use of drugs.
"Despite 10 years of good quality care and taking good care of him for a long period of time, he never called me," he said.
AEG Live's lead lawyer has said he would call as witnesses "many, many, doctors" who have treated Jackson to make their case that he was a secretive drug addict.
The trial in a Los Angeles court concludes its 13th week Friday and is expected to last into September.

 

[ivy]

Jacksons vs AEG - Day 57 / 58- July 26/29 2013 - News Only (no discussion)

Jacksons vs AEG - Day 57/58- July 26/29 2013 - News Only (no discussion)

Use this thread to post any and all news stories from day 57/58 of Katherine Jackson vs. AEG trial.

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

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

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

 

[ivy]

Michael Jackson didn't want to end up like Elvis, doctor says

By Jeff Gottlieb
July 26, 2013, 12:16 p.m.
In a video played for jurors Friday, a Santa Barbara County doctor said the pop singer once told him he wanted to stop using pain medication because “I don’t want to end up like my father-in-law” Elvis Presley.

Dr. Scott Saunders said he treated Jackson from 1998 through 2003, his first contact coming when the singer asked if he made house calls. Saunders said he visited Jackson at Neverland Ranch and treated him for an upper respiratory infection.

Saunders' video deposition was played in court Friday during the ongoing wrongful-death case in which Jackson’s mother and his three children claim that entertainment giant AEG Live is complicit is Jackson’s 2009 death. Jackson died as he was preparing for the anticipated “This Is It” tour, which AEG Live was producing and bankrolling.


Saunders said he and Jackson eventually became friends.

“He was rather lonely and didn’t have anyone he could trust,” Saunders testified. And so he would call me and I would go over."

When Saunders would tell Jackson he had to go home to his family, the singer would try to persuade him to stay, the doctor said.

The doctor said Jackson told him “he had a very difficult childhood” and had never had an opportunity to be a child, though he did recount “running around hotels with Donny Osmond, that kind of thing.”

Jackson and his children would show up unannounced at the doctor's house in Solvang, Saunders testified. A driver would bring him, he said, and Jackson would just knock on the door.

"Were you surprised when he got there," Saunders was asked.

"Yes," he replied.

Jackson, he said, also gave the doctor's children an Xbox video game player as a Christmas present.

Presley, who was Jackson’s father-in-law, died of a heart attack in 1977.

 

[ivy]

Re: Jacksons vs AEG - Day 56- July 25 2013 - News Only (no discussion)

Anesthetist: Surgery halted when Jackson showed up 'a little goofy'
print
Comments
3
Michael Jackson in 2009 announcing his "This Is It" concerts in London.
CAPTIONS
1/17
By Kate Mather
July 25, 2013, 2:14 p.m.
The nurse who gave Michael Jackson anesthesia during medical procedures spanning a decade testified Thursday that he pulled the plug on one because of the star's "inappropriate" behavior.

David Fournier, a certified nurse anesthetist who first worked with Jackson in 1993, said the singer was scheduled to receive some "facial work" in 2003 when Fournier canceled the procedure.

Everything was ready to go, he said, when Jackson arrived acting "a little goofy, a little slow to respond."

"I've known him for 10 years ... he was acting inappropriate," Fournier testified.

Fournier said he asked Jackson "if anything was going on" and whether he had taken any medication, which the singer denied.

"I didn't believe him," Fournier said, noting it was the last time Jackson called him for work.

About three months previously, Fournier said the singer stopped breathing during a dermatological procedure. Fournier said he had to "control" the singer's ventilation twice, and had to "assist" it at another point. That was an "unusual reaction" for Jackson, he said.

Fournier said he spoke to Jackson on the phone three days before that procedure when the singer called to wish him a happy birthday. Jackson's speech was slurred during that conversation, he said.

The anesthetist said he asked Jackson about the call when prepping for the June 2 procedure. The singer told him he was just tired, he said. Fournier said he "quizzed him extensively" about whether he had taken any recreational drugs or medication, but Jackson denied doing so.

"He was more than tired," Fournier said. "He was slurring his words."

Fournier was called to the stand as a defense witness in the wrongful death suit Jackson's mother and three children filed against AEG Live, the company behind the singer's ill-fated "This Is It" tour.

Katherine Jackson and her grandchildren allege the entertainment giant hired and negligently controlled Dr. Conrad Murray, who gave the singer a fatal dose of the powerful anesthetic propofol on June 25, 2009, two weeks before the London tour was set to begin. AEG says Michael Jackson hired Murray.

Murray is currently serving jail time after being convicted of involuntary manslaughter in Jackson's death.

Fournier spent Thursday morning describing the multiple times he assisted in Jackson's medical procedures, noting he gave the singer propofol 14 times between 2000 and 2003.

Jackson one time referred to the drug as "the milk," Fournier said, referring to its street name: "the milk of amnesia."

Overall, Fournier said he administered anesthesia to Jackson for procedures including scalp work, dental treatment, Botox and collagen injections, and "extensive tattooing" on the singer's lips and eyes.

Unlike most people who receive "a half-dozen" Botox injections, Fournier said, Jackson would get "hundreds of injections around the eye and face."

"He often needed to be sedated," Fournier said.

Fournier said he and Jackson became friends, describing him as a "very warm, likable guy." The two would discuss Jackson's medical history before each procedure, he said, as well as post-op instructions. Fournier recalled two occasions when Jackson disobeyed those instructions.

The first, he said, occurred the day before a Grammy ceremony, when Jackson tried to rehearse instead of rest. The singer sprained his ankle, Fournier said, and "had to be carried on stage" the next day.

The second time, Fournier said he reminded Jackson to "resume a normal diet slowly" -- telling him to go home and eat something like crackers or soup. After Fournier left the operating room, he said, "I happened to drive by a Kentucky Fried Chicken and there was Michael's limo."

Fournier said he went to the car and tapped on the glass. The window came down and there was Jackson, he said, sitting in the back with a bucket of chicken.

"He was embarrassed," Fournier said. "The window rolled up."

 

[ivy]

Re: Jacksons vs AEG - Day 57- July 26 2013 - News Only (no discussion)

ABC7 Court News ?@ABC7Courts 40m
Briggs said he has had significant involvement in most of the 1100 cases he worked on. "I'm not taking credit for somebody else."
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Briggs mostly worked for companies that actively spend money in films.
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He has testified once in an England tax matter, equivalent to our IRS, and on an arbitration case.
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ABC7 Court News ?@ABC7Courts 41m
Briggs has a team working on this matter, roughly 500-600 hours. Personnel on the team charge between $300-$800 per hour.
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ABC7 Court News ?@ABC7Courts 41m
FTI Consulting has about 4,000 employees worldwide. Briggs is charging $800 an hour. He has spent approximately 350 hours.
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ABC7 Court News ?@ABC7Courts 41m
Briggs studies Economy at Brown University and received his MBA at Anderson School at UCLA.
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ABC7 Court News ?@ABC7Courts 42m
He has been doing forecast in the entertainment business for 15 years.
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ABC7 Court News ?@ABC7Courts 42m
Briggs said some of his predictions have been inaccurate. "I don't have a crystal ball," he said.
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Strong: How many film engagements have you had over the course of your career?
Briggs: Probably 600
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Briggs has also worked in endorsement deals.
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ABC7 Court News ?@ABC7Courts 42m
Briggs has worked in over 1100 engagements, 300 of those related to the music industry, like Rod Stewart, Bruno Mars, 50 Cent, Usher.
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ABC7 Court News ?@ABC7Courts 43m
Other clients: Estate of Elvis Presley, John Wayne, Frank Sinatra, Bob Hope, among others.
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ABC7 Court News ?@ABC7Courts 43m
He has done work for talent agencies as well, like Creative Artist and William Morris.
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ABC7 Court News ?@ABC7Courts 43m
Briggs said he gets hired by film producers, production companies, record labels, banks and private equity that invest money.
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ABC7 Court News ?@ABC7Courts 43m
Entertainment and media projects: looked at films, music, touring, video games, live events, pretty much everything.
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ABC7 Court News ?@ABC7Courts 43m
Briggs said he helps a media company put together forecast and assess risks of projects.
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Briggs is a senior management director at FTI Consulting and professor at USC Marshall School of Business.
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ABC7 Court News ?@ABC7Courts 44m
He was asked to assess the projections of Arthur Erk, plaintiffs' retained expert.
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ABC7 Court News ?@ABC7Courts 44m
AEG attorney Sabrina Strong did the direct examination. Briggs is an expert witness in this case.
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ABC7 Court News ?@ABC7Courts 45m
That concluded his testimony. AEG called their next witness, Eric Briggs.
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Medical record: He tells me he has also tolerated Phenergan on numerous occasions in the past without difficulty."
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Medical record: He tells me this because he does not want to be 'given too much Demerol.' He has no specific reaction to Demerol itself.
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Medical record:
"When questioned, he says he had has Demerol many times in the past. Indeed, I administered Demerol to him at one time.
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Hunt: And can high dosage of Demerol cause unconsciousness?
Dr. Saunders: Yes
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Dr. Saunders said you wear med-alert if there's some reason you're likely to be found unconscious and not able to tell your allergies.
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Medical record:
"He has a med-alert bracelet saying he is allergic to Demerol."
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Dr. Saunders: and it's too much too close together, he could have a bad reaction.
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ABC7 Court News ?@ABC7Courts 48m
Dr. Saunders: because of his broken foot, and meanwhile, some other doctor's going out there and giving him Demerol injections
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Dr. Saunders: So as you increase the dose, the potential for doing harm is increased. So if I am going out to give Demerol injection
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ABC7 Court News ?@ABC7Courts 49m
Dr Saunders: Generally yes, that's a bothersome thing. Because the potential reaction or problems associated with Demerol are dose dependent
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ABC7 Court News ?@ABC7Courts 49m
Hunt: Does it bother you that MJ got or may have gotten a shot of Demerol by another physician without telling you?
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ABC7 Court News ?@ABC7Courts 49m
The doctor doesn't have any idea who the other doctor was that gave MJ injection of pain medication on the same day.
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ABC7 Court News ?@ABC7Courts 49m
Dr. Saunders does not know if MJ continued to receive Demerol injections after he stopped treating him in 2003.
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ABC7 Court News ?@ABC7Courts 50m
Hunt: Do you know if MJ was ever able to stop taking large amounts of Demerol?
Dr. Saunders: I don't know
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ABC7 Court News ?@ABC7Courts 50m
Medical record: The patient only told him this after his reaction had occurred."
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Medical record: that the patient had another pain injection at sometime prior to Dr. Saunders' arrival that Dr. Saunders was not aware of.
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Medical record: "Dr. Saunders had told me upon arrival to the emergency room that he obtained further information
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ABC7 Court News ?@ABC7Courts 51m
Medical record: which he has had on a number of occasions in the past and did well.
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ABC7 Court News ?@ABC7Courts 51m
Medical record: Prior to his arrival, Dr. Saunders had called me saying the patient had an injection of Demerol 200 mg and Phenergan 50 mg
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ABC7 Court News ?@ABC7Courts 51m
Medical report from 12/14/2001:
The patient is a 41-year-old black male who was brought in by Dr. Scott Saunders from the patient's home.
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Medical record: At this point, it feels better in the cast.
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ABC7 Court News ?@ABC7Courts 52m
Medical record: Today, he was casted by Dr. Scott Saunders and is feeling somewhat better but is having some pain in his foot.
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ABC7 Court News ?@ABC7Courts 52m
Medical record: He has been seen multiple times for pain medication injections. He receives Demerol 200 mg and 50 mg of Vistaril each time.
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Medical report from 2/26/2001:
History of Present Illness: The patient is here because he had a fractured cuboid on his right foot.
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ABC7 Court News ?@ABC7Courts 54m
Dr. Saunders said he never determined the underlying cause of MJ's addiction to painkillers and that MJ never told him anything about it.
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ABC7 Court News ?@ABC7Courts 54m
Dr. Saunders said he's listed as primary doctor because he brought MJ to ER or because the patient said 'this is my doctor.'
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ABC7 Court News ?@ABC7Courts 54m
Private Physician: Currently Dr. Scott Saunders
Allergies: None
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ABC7 Court News ?@ABC7Courts 54m
Hunt: Have you heard of MJ requiring copious amounts of pain medication before?
Dr. Saunders: I have never heard that word used, no
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ABC7 Court News ?@ABC7Courts 55m
Medical record: the Demerol which we gave on him last visit has worn off and he feels the pain escalating."
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Medical record: who returns again in severe pain, no further trauma, no paresthesias and states that
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ABC7 Court News ?@ABC7Courts 56m
Medical record: He has an avulsion of the proximal navicular of the foot and has required copious amounts of pain medication
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ABC7 Court News ?@ABC7Courts 56m
Medical record: who has been here twice before, actually, earlier this evening although it is now the next day, but he has been seen twice.
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Medical record from 02/25/2001 -- Emergency Department Report
"History if Present Illness: This is a 30-something-year-old gentleman
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ABC7 Court News ?@ABC7Courts 56m
The doctor said the ER doctors treat the initial emergency and then send the patient to their doctor for follow up.
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ABC7 Court News ?@ABC7Courts 56m
"Disposition: Discharged to home. Follow up with Dr. Saunders some time next week."
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ABC7 Court News ?@ABC7Courts 57m
Dr Saunders said this medical record did not refresh his recollection and doesn't recall anything about it and/or speaking with Dr Weinstein
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ABC7 Court News ?@ABC7Courts 57m
Medical record: He is well aware that a physician or nurse must administer this and he will be calling Dr. Saunders tonight.
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ABC7 Court News ?@ABC7Courts 57m
Another section of the medical record:
"We have dispensed the Demerol and Phenergan IM with needles and syringes.
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ABC7 Court News ?@ABC7Courts 58m
ER Course: He is well aware of this, and in fact, Dr. Saunders has agreed to go by the home to administer the medication if needed."
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ER Course: I have specifically stated a medical care professional, a physician or nurse, must administer this medication should he need it.
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ABC7 Court News ?@ABC7Courts 59m
ER Course: we have worked out with Dr. Saunders to dispense Demerol and Phenergan IM with some needles and syringes.
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Emergency Department Course:
"Given his inability to take oral pain medication without extreme nausea...
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ABC7 Court News ?@ABC7Courts 1h
Document says "his primary care physician is Scott Saunders." The doctor said he thinks it's because he brought MJ there.
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ABC7 Court News ?@ABC7Courts 1h
Medical record from Feb 24, 2001 from Santa Inez Valley Cottage Hospital saying male who fell down the stairs a couple of days ago.
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Hunt: How do you know?
Dr. Saunders: He told me. I said I'd send bill he said you can't, I don't have any checks or credit cards or anything
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Dr. Saunders: He would always pay in cash because he didn't have no credit, no checks, no bank account.
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Hunt: Were you compensated when you provided treatment to MJ?
Dr. Saunders: I never asked for compensation and he would pay cash.
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"He said he knew them all, he knew which ones were his," Dr. Saunders said. The house of full of everything including antiques.
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"He would go to the stores and say I want that, and that, antiques. He was really into antiques," Dr. Saunders recalled.
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"One time he was telling me about going to Las Vegas, how much he liked Las Vegas, buying things," Dr. Saunders testified.
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Dr. Saunders said he doesn't know if MJ's attempt to quit Demerol was successful. The doctor never went with him outside California.
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Hunt: Do you have it?
Dr. Saunders: No, I sold it at a garage sale
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"He left a popcorn popper, like the ones at carnivals, on the stand," Dr. Saunders said.
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Hunt: The presents were for the family?
Dr. Saunders: Yes
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Saunders: He sent box to my house for Xmas. I don't recall what was in the box. I think my children got a PS2. But whatever else don't know
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Dr. Saunders said MJ wanted to get off of Demerol. "He asked to use beprenorphine instead," Dr. Saunders said.
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Dr. Saunders: and I think I gave him oral pain medicaiton, don't know which, Vicodin type of thing.
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Hunt: What medication was he on?
Dr. Saunders: The only two I knew of where Demerol and Morphine.
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The doctor said he doesn't know anything MJ did to protect his medical privacy.
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One time MJ's kids were present and they wanted to go outside in the sandbox. Dr. Saunders said this was the same time he saw MJ socially.
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"He just showed up," Dr. Saunders said. "The driver took him there, he knocked on the door."
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MJ never talked about his father, Joe Jackson, and how he treated him. MJ went to Dr. Saunders house in Solvang, met his wife and children.
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Dr. Saunders: He said he had a very difficult childhood, because he was never allowed to be a child
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"And sometimes I'd be saying 'you know I really got to go home to my family' and 'No, no Saunders, just stay a little while' the doctor said
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Dr. Saunders: Sometimes we would drive around the ranch in his Navigator and talk, would sit at the video library and talk, or in an office
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"He was rather lonely and didn't have anyone he could trust," Dr. Saunders said. "He would call me and I would go over."
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Dr. Saunders said he was friends with Michael Jackson. They talked about everything.
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Dr. Saunders doesn't recall if he gave any pain medication to MJ before going to the ER.
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"I don't believe I stayed there. I probably went home to my family," Dr. Saunders testified.
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"I helped him in," Dr. Saunders said about their arrival to the emergency room because MJ was having trouble walking.
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Dr. Saunders: I think it was a foot problem, I went to see him, evaluated him, it appeared swollen, I recommended X-ray, took him in my car.
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Hunt: Why did you go?
Dr. Saunders: He called me because he had fallen I think on the stairs and had a foot problem.
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The doctor said he gave pain medication to MJ. He had been to the ER with the artist at Santa Inez Cottage Hospital. He doesn't recall when.
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Dr Saunders said he never heard the name Dr. Fashchian and that MJ never told him about any other doctor going to Neverland and treating him
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Hunt: Did Michael ever tell you about getting an implant to help address his addiction to pain medication?
Dr. Saunders: No
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Hunt: Do patients typically ask for specific medication?
Dr. Saunders: People who take pain medications know what works for them, so yes
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Hunt: Did Michael Jackson ask you specifically for buprenorphine?
Dr. Saunders: Yes
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Dr. Saunders said he gave MJ buprenorphine because it is an opiate agonist-antagonist, used to treat pain but tends to be less addictive.
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Dr. Saunders: He said 'I don't want to end up like my father-in-law'
Hunt: Who was his father in law?
Dr. Saunders: Elvis Presley
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MJ told the doctor he wanted to get off pain medications.
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Hunt: Do you know if he did receive other opiate medications from anyone?
Dr. Saunders: Yes
H: How do you know?
Dr. S: He told me
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The doctor said he recalls using buprenorphine (buprenex) in injectable form. It is in the same class as an opiate medication.
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Hunt: Do you recall giving Mr. Jackson Demerol?
Dr. Saunders: I don't recall
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Dr.Saunders gave MJ pain medication for his pain. He doesn't recall which drugs.
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Hunt: What other medical conditions you treated him for?
Dr. Saunders: pain, that's all I remember
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There were other times Dr. Saunders treated MJ, but he doesn't know how many. He said it's around 10 times, probably less than 25 times.
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"We were all at a gathering at MJ's ranch, we watched a movie in his theater," Dr. Saunders said. He thinks it was Spiderman movie.
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Dr. Saunders works with Dr. Van Valin, but has not spoken to him about MJ's treatment. He saw MJ and Dr. Van Valin together.
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There was a keypad that the man pushed a series of buttons and the door opened, the doctor testified.
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Dr. Saunders did not recognized the man on the bed as MJ. He said the room was dark.
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Dr. Saunders: I said nice to meet you, Mr. Jackson. And he said 'I'm sick.'
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Dr. Saunders: He and took me in to a bedroom. There was a guy lying on the bed, he said 'I am Michael Jackson.'
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Someone let him in, he waited at the entrance for about half an hour.

Dr. Saunders: Someone, a man, came when I was ready to leave.
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Dr. Saunders said he drove to Neverland, there was a kiosk at the entrance of the house, he pushed the button, followed a car to a house.
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"He had an upper respiratory infection," Dr. Saunders said.
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"And I said yes and she gave me the address," the doctor said.
Hunt: Did you treat MJ that day?
Dr. Saunders: Yes
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Dr. Saunders: I received a phone call from a woman who declined to identify herself and asked if I would be willing to make a house call.
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He also didn't recall when MJ went to see him. Dr. Saunders worked at the Buellton Medical Center from 1998 to 2003, saw MJ within that time
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Hunt: Did MJ ever come to you for medical treatement?
Dr. Saunders: Yes
H: For what?
Dr. S: I don't recall
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Hunt asked how they became friends. Dr. Saunders said MJ invited him to his ranch. He didn't remember when but it was less than 15 years ago
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"I had a friend, Michael Jackson, who was very lonely because he didn't love. There were very few people he could trust and love."
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Dr. Saunders writes a blog entitles "The Love Triangle."
Published on Saturday, Sept. 10, 2011:
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There's also Dr. Debra Weinstein, who worked at Santa Inez Valley Cottage Hospital.
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Currently, Dr. Saunders works at Buellton Medical Center with Dr. Barnie Van Valin.
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Dr. Scott Saunders graduated in 1997 from Brigham Young University, attended medical school at UCLA.
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AEG called their next witness, Dr. Scott Saunders, via video deposition. Attorney Adam Hunt did the questioning.
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Hello from the courthouse in downtown LA. Day 57 of Jackson family vs AEG trial has concluded. There was only half day session today.

 

[ivy]

Re: Jacksons vs AEG - Day 57- July 26 2013 - News Only (no discussion)

ABC7 Court News ?@ABC7Courts 5m
Potential witnesses for next week: Debbie Rowe, video deposition of Randy Jackson and Rebbie Jackson. We hope to see you then!
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ABC7 Court News ?@ABC7Courts 6m
Judge then adjourned trial until Monday at 10 am PT. We only had half a day today and will only have half day on Monday as well with Briggs.
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"There was a significant heath risk in place and the length of the tour exceeded 9 months," Briggs explained.
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"My opinion is that it's speculative whether the 50 shows would have been completed," Briggs said.
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Strong: Do you have an opinion on whether MJ would have completed the 50 shows at the O2?
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Briggs: MJ had agreed to do 50 shows when he died and was actively engaged in rehearsals.
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"The four additional tours are also entirely speculative," Briggs said. They were based on Erk's personal opinion.
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Those aspects helped shape Briggs opinion that Erk's projections were speculative.
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He said Guns N Roses, U2, Lady Gaga, Van Halen -- all cancelled shows that were pretty certain to happen.
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"There's always a risk of whether the audience will perform and whether the artist will show up," Briggs testified.
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"The world tour depends on the completion of the 50 tours," Briggs said.
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Also, the Millennium concert didn't take place, theTwo Seas arrangement where nothing came of it.
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The expert said MJ canceled a number of dates on Dangerous tour to enter rehab, canceled HBO special in 1995.
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Briggs: MJ had a unique history of great performance but cancellations, particularly in cases where they were practically certain to happen.
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"MJ was taking drugs in very dangerous ways, had history of taking drugs that had a long lasting impact on his health," he opined.
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"My conclusion, based on the evidence presented, MJ's life expectancy was very short as of June 2009," Briggs said.
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"It's all about the same thing: the risks," Briggs said.
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Briggs: As part of my job, I'm asked to analyze all sorts of things, including drug use for someone who needs to perform.
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"There's significant testimony on the record from four medical doctors in this case regarding MJ's drug use," Briggs explained.
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Briggs: MJ had a significant history of drug use, and this was significant to render my opinion.
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"As of the date of death, there was no agreement that AEG or MJ would go beyond 50 shows," Briggs said.
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Exhibit:
- MJ's history of cancellations
- World tour depends on completion of 50 shows
- Performance Risk
- Execution Risk
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Strong showed an exhibit with "Erk's TII Tour: Speculative"
- No agreement beyond 50 shows
- MJ's drug use
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"My opinion relates to opinion MJ would have generated by working," Briggs said.
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He said he looked at income MJ would've generated for performing, going on tour.
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MJ had a prolific career which resulted in a catalogue that results in a lot of money every year. Briggs did not analyze that.
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"My understanding is that damages cannot be speculative and I didn't want to prepare a speculative," Briggs said.
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Briggs did not analyze Mr. Erk's consumption numbers.
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Briggs overarching opinion on topics:
1- It's speculative whether these projects would occurred
2- The numbers projected are speculative
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Briggs said he analyzed the first four opinions by Erk, since Erk didn't project earnings for movies.
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Back from twitter jail again...
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Strong showed exhibit with Erk's Opinions:
- Tour
- Merchandise
- Endorsement/Sponsorship
- Las Vegas show
- Movies

 

[ivy]

Re: Jacksons vs AEG - Day 57- July 26 2013 - News Only (no discussion)

Michael Jackson had 'short life expectancy', consultant testifies
Friday, July 26, 2013

TAGS:legal, celebrity, court case, entertainment, miriam hernandez
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Miriam Hernandez
More: Bio, Recent Stories, News Team
LOS ANGELES (KABC) -- A top executive for a consulting firm on Friday said Michael Jackson had a "short life expectancy" and it's doubtful his tour would have earned the kind of money claimed by the plaintiffs in the singer's wrongful death lawsuit.

Eric Briggs, a consultant who projects risks for entertainment media, testified that Jackson's life expectancy was very short and that the use of meds affected his long-term health. He said Jackson was taking drugs in very dangerous ways.

About the plaintiffs' projections of $1 billion from a 260-concert global tour, Briggs said with Jackson's history of concert cancellations, it wasn't likely he would complete 50 concerts.

Jackson attorney Brian Panish said Briggs is wrong.

"He's never produced a concert, he's never promoted a concert, he's never done a royalty audit, he's never worked for a record label," said Panish.

Briggs will be back to testify on Monday. Also next week, the defense says jurors may hear from Jackson's former wife, Debbie Rowe, Jackson's sister Rebbie and his brother Randy.

In the lawsuit, the singer's mother, Katherine Jackson, alleges that AEG officials failed to monitor Conrad Murray, the doctor who caused her son's death. The AEG defense says that Jackson put himself at risk.

Friday's court session began with one of Jackson's former doctors. Dr. Scott Saunders said in a video deposition that he treated the singer at his Neverland Ranch as many as 25 times between 1998 and 2003. He said the star wanted to end his Demerol dependency and worried about death.

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STORY: Michael Jackson's mother begins testimony
STORY: Jackson trial: Accountant under fire by AEG
"He said, 'I don't want to end up like my father-in-law&Elvis Presley,'" Saunders said.

He said Jackson did not talk to him about other doctors. Jurors heard testimony earlier that, in the same time period, Jackson was also seeing Dr. Alimorad Farschian for Demerol addiction. Farschian said he implanted Jackson with a chip that inhibits the high delivered by the drug. Saunders said Jackson didn't tell him about that.

Saunders says he worried. What if he injected Jackson with Demerol unaware that Jackson just got a shot from someone else?

"If it was too much too close together, he could have a bad reaction," said Saunders.

 

[PrɛttyღBµʈʈɇrƒℓу]

Jacksons vs AEG - Day 59 - July 30 2013 - News Only (no discussion)

Use this thread to post any and all news stories from day 59 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 poor image discouraged concert sponsors


July 30, 2013 10:50am


LOS ANGELES - Michael Jackson's dismal public image in his final years meant his final [FONT=inherit !important][FONT=inherit !important]concert [FONT=inherit !important]series[/FONT][/FONT]had no sponsors, despite record advance ticket sales for the 50 planned shows, a witness said Monday.

The testimony of Eric Briggs, of FTI Consulting, opened the 14th week of the Jackson family's lawsuit against concert promoters AEG LIve.

The King of Pop's mother, Katherine, and his children, are suing AEG for negligence, blaming the company for causing his death in 2009.

They accuse AEG Live of pushing Jackson too hard as he rehearsed [FONT=inherit !important][FONT=inherit !important]in [/FONT][FONT=inherit !important]Los [/FONT][FONT=inherit !important]Angeles[/FONT][/FONT] for the "This is It" comeback concert series in London and of negligently hiring doctor Conrad Murray to look after him.

Murray was convicted of involuntary manslaughter in 2011 over Jackson's June 25, 2009 death from an overdose of the surgical anesthetic propofol, administered to help the 50-year-old singer with chronic insomnia.

They are demanding $1.5 billion in damages -- the amount their expert estimates Jackson would have earned from the concert and a worldwide tour if he had lived.

But Briggs, a defense witness, argued against this estimate Monday at the Los Angeles Superior Court.

He emphasized that the pop icon's image had deteriorated greatly in the years leading up to his death on June 25, 2009 -- so much so that no company agreed to sponsor his final tour -- even though the 50 London shows sold out within hours.

"Brand companies appreciate artists can be great performers, but that doesn't mean they want to put their names next to the performers," Briggs said.

According to him, Jackson's image rebounded somewhat in the 1990s, but it plummeted again in 2003 for several reasons, most notably the accusations he molested young boys.

For big-name labels, Jackson was a risk, because new scandals could emerge without warning, Briggs explained, and "brands are looking for predictability." — AFP


[/FONT]http://www.gmanetwork.com/news/stor...son-s-poor-image-discouraged-concert-sponsors

 

[Bubs]

Re: Jacksons vs AEG - Day 57- July 26 2013 - News Only (no discussion)

Bad news hurt Michael Jackson's earning potential, witness says
By Alan Duke, CNN

Los Angeles (CNN) -- Negative headlines about drugs and sex abuse charges greatly diminished Michael Jackson's earning potential, an entertainment consultant said.
Jackson's album sales dropped sharply from his peak and his "likability" rating turned dramatically negative after "significantly negative headlines, drug abuse and other issues," Eric Briggs testified.
Briggs' testimony in the wrongful death trial of AEG Live is intended to counter an expert hired by Jackson lawyers who concluded the pop icon would have earned another $1.5 billion from world tours had he not died while preparing for his comeback concerts.

AEG Live placed a big bet on Jackson's ability to sell tickets when it signed him to a three-year deal for his "This Is It" tour. While the company worked hard to convince Jackson in 2009 to let them produce and promote the concerts, it paid Briggs more than $700,000 to prepare testimony for this trial questioning Jackson's star power.
In fact, AEG Live executives bragged at the time about how Jackson's first 50 London concerts sold out in record time with enough potential buyers lined up to sell out another 50 shows.

If a jury decides that AEG Live is liable for Jackson's death, his lost earnings potential would factor into their determination of damages to be paid by the concert promoter.
Michael Jackson's mother and three children are suing AEG Live, contending it negligently hired, retained or supervised the doctor convicted of involuntary manslaughter in his death.

AEG Live lawyers argue that Jackson, not their executives, chose and controlled Dr. Conrad Murray and that they had no way of knowing about the dangerous treatments he was giving Jackson in the privacy of his bedroom.
They contend the singer was so deceptive and secretive about his medical treatments and drug use that even his family did not know. To help make their case, they'll play video of Jackson's youngest brother Randy being questioned about it. His testimony is expected to be shown to jurors after Brigg's testimony is concluded Wednesday.
Jackson's oldest sister Rebbie and ex-wife Debbie Rowe are also lined up to testify in the coming days. AEG Live is compelling their testimony, hoping to get revelations about Jackson's drug use.
Tuesday marks the 59th day of testimony in the trial, which the judge said could take another six weeks in a Los Angeles courtroom.

MJ's Q score
Briggs testified that he studied "Q score" data for Jackson, the trend of his album sales and his stability to conclude that Jackson had a low chance of earning money from endorsements and sponsorships.
An entertainment industry analyst hired by Jackson lawyers testified he was "reasonably certain" Jackson would have earned $300 million from endorsements and sponsorships.
Briggs disputed the estimate, saying that while Jackson was "a great performer" companies decide which celebrities to align their products with based on "likability" as measured by "Q scores."
Jackson's "Q score" in 1993 was in line with the average male musical performer, with about one person of every two surveyed saying they liked him, Briggs said. That was the year Jackson announced he had a problem with painkillers, and he entered rehab.
His score became dramatically negative over the next decade, Briggs said. By 2006, a year after he was acquitted in a child molestation trial, more than seven people said they disliked Jackson for every one who said they liked him, Briggs testified.
Companies would be "very anxious" about putting someone with such negative "likability" next to their products, he said.
Jackson lawyer Brian Panish will have a chance to question Briggs about his conclusions Tuesday.

 

[ivy]

Anthony McCartney ‏@mccartneyAP 12h
Cross examination may begin tomorrow afternoon, if Strong finishes her questioning.
Trial resumes at 1:30 p.m. PDT. I’ll be back in court.
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Anthony McCartney ‏@mccartneyAP 12h
Panish said he also wants to know what other work Briggs has done for AEG Live so he can address his “bias” on cross-examination.
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Anthony McCartney ‏@mccartneyAP 12h
Panish wants detailed records of the work Briggs has done on the AEG case and said the expert’s firm has been paid $600-$700k so far.
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Anthony McCartney ‏@mccartneyAP 12h
Court broke for the day, and there were brief arguments by plaintiff’s attorney Brian Panish about Briggs’ billing records.
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Anthony McCartney ‏@mccartneyAP 12h
Lastly, he discussed films and whether Jackson was assured of success in the film industry. His opinion was that MJ wasn’t assured success.
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Anthony McCartney ‏@mccartneyAP 12h
Tribute shows only work if the artist is dead, Briggs said.
He said Erk’s projections for a tribute show were also speculative.
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Anthony McCartney ‏@mccartneyAP 12h
Briggs moved on to discussions of album sales, which declined over Jackson’s career, and he attacked the premise of a Vegas tribute show.
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Anthony McCartney ‏@mccartneyAP 12h
He didn’t explain who Jackson was grouped with on the survey in the 2000s, although Justin Timberlake was name as a possibility.
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Anthony McCartney ‏@mccartneyAP 12h
Artists are rated against contemporaries. Briggs said in 1990, MJ was groups with MC Hammer, Billy Joel, Don Henley and Kenny Rogers.
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Anthony McCartney ‏@mccartneyAP 12h
The rating means there were 7 times more people who responded unfavorably to Jackson than those who answered he was one of their favorites.
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Anthony McCartney ‏@mccartneyAP 12h
By 2006, the last year Jackson’s Q Score was evaluated, he had a -7.4 rating.
It had declined a lot from 2003 on.
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Anthony McCartney ‏@mccartneyAP 12h
Jackson’s scores generally declined after 1993, although there were some years in the early 2000s that his scores improved.
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Anthony McCartney ‏@mccartneyAP 12h
Respondents are asked to rank celebrities in one of four likability categories:
“One of my favorites”
Very good.
Good
Fair/ poor
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Anthony McCartney ‏@mccartneyAP 12h
The judge was interested in how Q Score data is obtained, so Briggs explained it in further detail.
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Anthony McCartney ‏@mccartneyAP 12h
There were several years of Q Scores missing for Jackson, and no surveys of his likability were taken after 2006.
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Anthony McCartney ‏@mccartneyAP 12h
Briggs: “Companies are looking for safe bets.”
He uses Q Scores in his work advising clients and pulled data on Jackson from 1990-2006.
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Anthony McCartney ‏@mccartneyAP 12h
Q Scores weigh the broad likeability of an artist based on a survey. Companies use the data to determine their celebrity spokespeople.
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Anthony McCartney ‏@mccartneyAP 12h
AEG defense attorney Sabrina Strong asked about Jackson’s prospects for an endorsement deal, which led Briggs into a discussion of Q Scores.
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Anthony McCartney ‏@mccartneyAP 12h
Briggs spent several minutes telling the jury that Erk’s figures were speculative and weren’t rooted in history.
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Anthony McCartney ‏@mccartneyAP 12h
Michael Jackson would have earned between $22-$30 million for the “This Is It” shows, if he completed the 50 concerts in London.
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Anthony McCartney ‏@mccartneyAP 12h
He then showed a slide depicting Jackson’s proceeds from previous tours. HIStory broke even, he said, and Dangerous lost money.
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Anthony McCartney ‏@mccartneyAP 12h
Briggs: “Clearly this figure is in excess of what we’ve seen in the history of the world.”
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Anthony McCartney ‏@mccartneyAP 12h
Plaintiff’s expert Arthur Erk projected as more than $1 billion in revenue for Jackson from ticket sales and merchandise on a world tour.
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Anthony McCartney ‏@mccartneyAP 12h
For the “This Is It” shows, AEG Live projected gross ticket sales of between $94 and $107 million.
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Anthony McCartney ‏@mccartneyAP 12h
The Dangerous tour didn’t make the list because it was cut short. Briggs would later show a chart showing it lost money.
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Anthony McCartney ‏@mccartneyAP 12h
He contrasted that with Jackson’s HIStory tour, which grossed $165 million, and the Bad tour, which grossed $126 million.
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Anthony McCartney ‏@mccartneyAP 12h
Those are gross figures, and Briggs says it’s not clear how much each artist took home from their tours.
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Anthony McCartney ‏@mccartneyAP 12h
The Rolling Stones and AC/DC are the #2 and #3 on the list, with Madonna ranking as the top-grossing solo artist at $408 million.
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Anthony McCartney ‏@mccartneyAP 12h
U2’s 360 tour tops the list with $736 million in ticket sales and merchandise, although Briggs says that’s not how much the band made.
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Anthony McCartney ‏@mccartneyAP 12h
Although one of Briggs’ charts wasn’t shown to the jury, he did see one showing revenues of the top 4 highest-grossing concert tours ever.
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Anthony McCartney ‏@mccartneyAP 12h
A few more updates from today’s testimony in the Jackson vs AEG trial and the testimony of damages expert Eric Briggs.
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Anthony McCartney ‏@mccartneyAP 17h
Briggs however said Erk’s estimates were out of line with Jackson’s history, and the history of other successful tours.
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Anthony McCartney ‏@mccartneyAP 17h
Erk had estimated Jackson would earn more than $1 billion on touring, merchandise and endorsement deals if he had lived.
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Anthony McCartney ‏@mccartneyAP 17h
Briggs told the jury two main points for his opinion are Jackson’s history of canceling shows and his prescription drug usage.
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Anthony McCartney ‏@mccartneyAP 17h
... speculative that Jackson would have performed a 260 show world tour, as plaintiff’s expert Arthur Erk projected.
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Anthony McCartney ‏@mccartneyAP 17h
Brigg’s opinion is that it’s speculative to assume that Jackson would have completed the 50 “This Is It” shows. He also thinks it’s (cont)
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Anthony McCartney ‏@mccartneyAP 17h
The sidebar lasted a little more than 20 minutes and the chart that AEG’s attorneys wanted to show wasn’t displayed this morning.
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Anthony McCartney ‏@mccartneyAP 17h
Briggs was only on the stand for about 5 minutes before the judge called a sidebar to discuss objections to a chart he prepared.
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Anthony McCartney ‏@mccartneyAP 17h
Briggs says any projections of damages in the case are purely speculative, based on Michael Jackson’s history. (more on this in a bit)
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Anthony McCartney ‏@mccartneyAP 17h
AEG Live defense attorney Sabrina Strong is doing the questioning of Briggs and had him recap some of Friday’s testimony.
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Anthony McCartney ‏@mccartneyAP 18h
No Jackson family members are in court today. AEG Live’s damages expert Eric Briggs remains on the witness stand.
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Anthony McCartney ‏@mccartneyAP 18h
It’s a half court day and we’ve already recessed for the day. Testimony will resume tomorrow at 1:30 p.m. PDT.
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Anthony McCartney ‏@mccartneyAP 18h
I’m back in court in Jackson vs AEG Live. Barring major breaking news, I plan to resume normal updates today.

 

[ivy]

Re: Jacksons vs AEG - Day 57- July 26 2013 - News Only (no discussion)

BC7 Court News ?@ABC7Courts 15h
We hope to see you all tomorrow for full coverage of the trial. Watch @ABC7Courts for the latest and http://www.abc7.com
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ABC7 Court News ?@ABC7Courts 15h
Rebbie Jackson was to testify on Wednesday but is sick. Other witnesses expected this week: Debbie Rowe and Randy Jackson via video depo.
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ABC7 Court News ?@ABC7Courts 15h
Court adjourned until tomorrow 1:30 pm PT with Briggs back on the stand for another half day session.
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ABC7 Court News ?@ABC7Courts 15h
Briggs: I don't know how anyone can project, with reasonable certainty, that MJ would be successful at making movies.
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"Even Mr. Erk said he was not successful in movies," Briggs said.
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Regarding MJ's personal history with respect to feature films, Briggs was emphatic: "I do not believe MJ was successful," the expert said.
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ABC7 Court News ?@ABC7Courts 15h
Briggs: "Not everything that's attempted is a resounding success."
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"Great connections do not equate that things will get done, let alone be successful," Briggs testified.
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ABC7 Court News ?@ABC7Courts 15h
Briggs said there were periods of times where MJ would have great connections in the movie industry, then fire them only to hired them back.
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Briggs: Mr. Erk simply stated he believed Michael would do movies.
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ABC7 Court News ?@ABC7Courts 15h
"Just because you make something it doesn't mean it will go on to critical success," Briggs said.
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ABC7 Court News ?@ABC7Courts 15h
Each studio releases 15-20 films/year, Briggs said, and only about half of them are known to the public.
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ABC7 Court News ?@ABC7Courts 15h
Briggs: These movies had big actors, big dollars, big movie studios and big decision process that can't always be right.
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Briggs named some big films that have been disappointments: John Carter, Battleship, Jack the Giant Killer.
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ABC7 Court News ?@ABC7Courts 15h
Only after 3-6 weeks in the theater it's possible to figure out if the movie is profitable or not, Briggs said.
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ABC7 Court News ?@ABC7Courts 15h
Briggs said that even at the distribution phase, it doesn't mean film will be profitable/successful. "It's all a risk up until this point."
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ABC7 Court News ?@ABC7Courts 15h
Briggs said the last feature film MJ was associated w/ "Miss Cast Away," released in 2004-05 and it went straight to video, not in theaters
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ABC7 Court News ?@ABC7Courts 15h
He said just advertising a movie in the US can be 50+ million dollars.
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ABC7 Court News ?@ABC7Courts 15h
"A movie can be hundreds of millions of dollars," Briggs said. And a lot needs to be in place, like audience, distributors, etc.
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ABC7 Court News ?@ABC7Courts 16h
Briggs said the decision to make films is multimillion dollar one. The commitment is very serious, you can't make movie w/ a million dollars
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ABC7 Court News ?@ABC7Courts 16h
"It absolutely does not mean it would be getting to the end of the process," Briggs opined.
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ABC7 Court News ?@ABC7Courts 16h
Briggs said there were efforts taking place at one point for MJ to make movies. He considers it to be in the development phase.
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Briggs' "Film Production Process":
- Post production
- Advertising
- Distribution
- Theatrical release
- Profits?
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ABC7 Court News ?@ABC7Courts 16h
Briggs' "Film Production Process":
- Ideas
- Development/Packaging
- Financing
- Pre-production planning
- Production
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ABC7 Court News ?@ABC7Courts 16h
Briggs said in Erk's projection, MJ would go into movies, but he did not provide figures in this regard.
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ABC7 Court News ?@ABC7Courts 16h
Briggs said his understanding is that MJ's Estate did not agree to AEG's proposed Las Vegas tour.
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"Entertainment is about finding an audience," Briggs said. "No one can predict if it will be successful until you sell the tickets."
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ABC7 Court News ?@ABC7Courts 16h
"It's hard to make big bets if there are high questions about likability and predictability."
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Briggs: Las Vegas is a very competitive market. Every hotel wants a show that appeals to a broad audience.
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ABC7 Court News ?@ABC7Courts 16h
He said they were ideas and he sees ideas thrown around all the time.
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"In my business, just expressing interest it doesn't mean it's going to happen," the expert opined.
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ABC7 Court News ?@ABC7Courts 16h
Briggs testified there aren't any meaningful, premium-type of show, associated with a living performing artist.
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ABC7 Court News ?@ABC7Courts 16h
Beyond that, there's no real precedent for living, touring artist, who has a tribute show.
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ABC7 Court News ?@ABC7Courts 16h
Strong asked why Las Vegas deal was speculative. Briggs said there was nothing in the works, no budget, agreement or financing.
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The expert said there were no endorsement or sponsorship deals at the time of MJ's death.
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"I don't know how he can predict that all of the sudden the light switch would be turned on" Briggs said about Erk's endorsement projection
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He said AEG took steps to secure endorsements and sponsorships but was unable to do so.
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The expert explained there was a significant audience that wanted to see MJ perform.
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That would impact a company's decision on endorsements/sponsorship. Companies are focused on selling, Briggs said.
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Briggs testified MJ had a significant issue in the media related to negative headlines in a broad of topics.
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MJ's albums sale:
1991 -- Dangerous -- 32 million
1995 -- HIStory -- 20 million
2001 -- Invincible -- 13 million
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ABC7 Court News ?@ABC7Courts 16h
MJ's albums sale:
1982 -- Thriller -- 65 million
1987 -- Bad -- 45 million
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ABC7 Court News ?@ABC7Courts 16h
Briggs said Mr. Erk specified album unit sales for five of MJ's albums. "It also showed a significant decline," Briggs said.
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ABC7 Court News ?@ABC7Courts 16h
He said the norm is to compare with the average of the group with the artist in question.
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ABC7 Court News ?@ABC7Courts 16h
Judge asked Briggs if MJ could've been compared to an individual artist, such as Justin Timberlake, as opposed to a group of similar artists
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ABC7 Court News ?@ABC7Courts 16h
He said if someone's likability is so negative, they take those people off the list, since no company would want to align itself with them.
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ABC7 Court News ?@ABC7Courts 16h
There's no data available from 2006 to 2009. Briggs said he requested the data but was unable to get it.
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ABC7 Court News ?@ABC7Courts 16h
Briggs explained that in 1993 there was a start of some significantly negative headlines associated with MJ, his drug abuse and other issues
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ABC7 Court News ?@ABC7Courts 16h
In 2006, Briggs said the chart shows that there were 7.4 negative impressions for 1 positive regarding Michael Jackson.
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ABC7 Court News ?@ABC7Courts 16h
Briggs said in 1993, MJ's likability was pretty well in line with other artists. From that point, it declined substantially.
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ABC7 Court News ?@ABC7Courts 16h
Briggs said that in 2006, there was 1 (one) person with positive impression for every 7.4 people with negative impression of MJ.
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ABC7 Court News ?@ABC7Courts 16h
Strong showed a chart of MJ's "Likability," which Declined After 1993. The chart shows a Negative-Positive Impression.
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ABC7 Court News ?@ABC7Courts 16h
Briggs said there's data for "Q" score from 1990 to 2006, with some gaps. There's no "Q" score data between 2006 and 2009.
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ABC7 Court News ?@ABC7Courts 16h
Briggs said it's useful to look at comparison w/ other artists, how they stack up against others that are similar to the artist in question.
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ABC7 Court News ?@ABC7Courts 16h
"Q" score survey:
Question: What's your general impression of individual/celebrity?
Answers: One of my Favorites, Very Good, Good, Fair/Poor
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ABC7 Court News ?@ABC7Courts 16h
The questions are not as much if a person would buy a product, but their impression of the artist, Briggs explained.
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ABC7 Court News ?@ABC7Courts 16h
Briggs said the question is about the person's impression of the artist, with normally 3-5 choices for answer.
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Judge wanted to know what kind of questions the company asks people in the survey.
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ABC7 Court News ?@ABC7Courts 16h
Briggs received two sets of data:
MJ likability
MJ comparative group (Bruce Springsteen, Elton John, Justin Timberlake)
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ABC7 Court News ?@ABC7Courts 16h
They then report the results back to the brand company to decide how safe a bet an artist is.
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ABC7 Court News ?@ABC7Courts 16h
Briggs explained data companies calls people and ask how much they like a certain artist, their "Q" score.
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ABC7 Court News ?@ABC7Courts 16h
Briggs said the "Q" score data associated with MJ analyzed his albums' sales, actions taken by AEG, and MJ's stability and predictability.
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ABC7 Court News ?@ABC7Courts 16h
But there's a difference between excellence as performance of stage and whether the company wants to align itself w/ performer, Briggs said
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ABC7 Court News ?@ABC7Courts 16h
Briggs: The tour gross relates to people being interests in seeing someone perform. MJ was a great performer.
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ABC7 Court News ?@ABC7Courts 16h
Briggs explained the companies are concerned about what general public thinks of the artist/celebrity.
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ABC7 Court News ?@ABC7Courts 16h
"Companies are looking for safe bets," Briggs said. "They don't want to take big risks with their products."
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ABC7 Court News ?@ABC7Courts 16h
1- history in securing endorsement, relationship with previous sponsors
2- how predictable the artist is, how stable his/her actions are
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ABC7 Court News ?@ABC7Courts 16h
Briggs said there are two major types of factors that companies take into consideration to select artist to endorse:
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ABC7 Court News ?@ABC7Courts 16h
Briggs explained the industry uses a "Q" score data, which draws the likability of a celebrity or persona.
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They were approached many times by large companied to put their names on products to sell.
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Briggs' experience with endorsement relates to working with the estate of major artists, like Elvis and Frank Sinatra.
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If there's no tour, there's no merchandise, the expert said.
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"It's completely out of line of with history, with MJ's own history and history of all other tours," Briggs opined.
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ABC7 Court News ?@ABC7Courts 16h
The highest grossing tour of all times was U2's 360, Briggs said, which was $736 million. Erk's projection for MJ to net was way above that.
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ABC7 Court News ?@ABC7Courts 16h
"I don't know how anyone can be reasonably certain this would occur," Briggs said.
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Briggs said Erk projected MJ would net $890 million from a 260 world tour shows between tickets, merchandising, endorsements and sponsorship
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ABC7 Court News ?@ABC7Courts 16h
Briggs: As Jun 2009, no endorsement was in place, no sponsorhip was in place. AEG Live had taken steps to secure them but none were in place
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ABC7 Court News ?@ABC7Courts 16h
This amount included tickets and merchandising, but not endorsement, Briggs said.
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ABC7 Court News ?@ABC7Courts 16h
Briggs testified that AEG's budget shows that MJ, if he completed all 50 show shows, would've taken home between $22 and $31 million.
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ABC7 Court News ?@ABC7Courts 16h
"What's implied is that MJ did not generate any significant net from this tour," Briggs said.
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ABC7 Court News ?@ABC7Courts 16h
Regarding the HIStory tour, Briggs said, based on Gongaware's testimony, there must have been costs that made the tour break even.
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ABC7 Court News ?@ABC7Courts 16h
Net is the value of tickets and merchandising minus all the costs to put on the show, Briggs explained.
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ABC7 Court News ?@ABC7Courts 16h
Briggs said Paul Gongaware testified MJ's Dangerous tour lost money, it was not profitable. He also testified HIStory tour was a break even.
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ABC7 Court News ?@ABC7Courts 16h
Based on the record, this amount was nowhere near what MJ had brought home in the past, Briggs testified.
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ABC7 Court News ?@ABC7Courts 16h
Briggs said Mr. Erk was projecting $900 million to be paid to MJ as net for tickets, endorsements and merchandising.
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ABC7 Court News ?@ABC7Courts 16h
"Clearly this is in excess of anything we've ever seen in the history around the world," Briggs opined.
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Strong asked Briggs how AEG's 2009 Budget compare. Erk projected $1.65 billion for 260 shows tour, he answered.
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ABC7 Court News ?@ABC7Courts 16h
AEG's Predicted Future Tours:
Prod 1: $94 million
Prod 2: $107 million
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ABC7 Court News ?@ABC7Courts 16h
Dangerous tour was cut short due because MJ entered rehab, Briggs explained.
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Briggs said the Dangerous tour was not included because it was not reflected in the list of highest grossing tours of all times.
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ABC7 Court News ?@ABC7Courts 16h
MJ's Highest Grossing Tours:
HISTORY generated $165 million for 82 dates in 1996-97
BAD generated $126 million for 120 shows
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ABC7 Court News ?@ABC7Courts 16h
If the production is expensive, Briggs said the net to AC/DC members could be higher than the net to U2 members, even though U2 grossed more
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ABC7 Court News ?@ABC7Courts 16h
Briggs said what's actually received by the artist is much smaller that the gross number and it is based on the expenses of the tour.
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ABC7 Court News ?@ABC7Courts 16h
Tour Gross Revenues: Tickets/Merchandise
1- U2: $736 million
2- Rolling Stones: $558 million
3- AC/DC: $441 million
4- Madonna: $408 million
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ABC7 Court News ?@ABC7Courts 16h
Briggs said the highest grossing tour ever is U2 360 Show, which generated $736 million in ticket sales and merchandise.
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Regarding the 260 shows Erk calculated, Briggs said the expert's projection was unprecedented for gross ticket sales and revenue perspective
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ABC7 Court News ?@ABC7Courts 16h
Briggs said he evaluated Mr. Erk's numbers regarding the 260 shows.

Jacksons atty Brian Panish asked for sidebar. It lasted 23 minutes.
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ABC7 Court News ?@ABC7Courts 16h
"MJ had a significant history of canceling projects, even if they were reasonably sure to happen," Briggs said.
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ABC7 Court News ?@ABC7Courts 16h
Briggs said MJ's history and manner of drug use and lasting affects are supporting basis for opinion that 50 shows were speculative.
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ABC7 Court News ?@ABC7Courts 16h
However, Briggs said numbers 1 and 2 also relates to the 50 shows in London.
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Slide:
4- World tour depends on completion of 50 shows
a- Performance Risk
b- Execution Risk
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ABC7 Court News ?@ABC7Courts 16h
Slide: Erk's TII Tour: Speculative
1- No agreement beyond 50 shows
2- MJ's drug use
3- MJ's history if cancellations
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ABC7 Court News ?@ABC7Courts 16h
A slide shown to the jury relates to a world tour that would be speculative, Briggs said.
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ABC7 Court News ?@ABC7Courts 16h
The expert said it was speculative to assume MJ would complete all 50 shows in London.
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ABC7 Court News ?@ABC7Courts 16h
Strong asked about Briggs opinion on the completion of the 50 shows agreed by Michael Jackson at the time of his death.
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ABC7 Court News ?@ABC7Courts 16h
AEG's retained expert, Eric Briggs, was back on the stand. Sabrina Strong, AEG's attorney, resumed direct examination.
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ABC7 Court News ?@ABC7Courts 16h
Hello from the courthouse in downtown LA. Week 14 of Jackson family vs AEG trial is underway. There was only morning session today.

 

[Bubs]

Debbie Rowe won't be called to testify this week in Michael Jackson wrongful death trial

Debbie Rowe, Michael Jackson's ex-wife and the mother of two of his children, won't be called to testify this week in the King of Pop's wrongful death trial. She will likely take the stand after other witnesses, including Michael's older sister Rebbie.

BY NANCY DILLON / NEW YORK DAILY NEWS

TUESDAY, JULY 30, 2013, 1:29 AM

Debbie Rowe won't be called to testify this week but remains a probable witness in the Michael Jackson wrongful death trial unfolding in Los Angeles, a defense lawyer said Monday.

AEG Live lawyer Marvin Putnam said Rowe, the King of Pop's ex-wife and the birth mother of his oldest son and daughter, "probably" will be called to testify but not until other witnesses including Michael's oldest sibling Rebbie Jackson take the stand.

Jurors also are expected to hear videotaped deposition testimony from Michael's youngest brother Randy Jackson, he said.

Putnam said during his opening statement in April that Rowe had intimate knowledge of the superstar's lengthy use of the surgery-strength anesthetic that ultimately killed him.

He told jurors that Rowe would testify about Michael using propofol as a sleep aid as far back as the 1990s.

"(She) will tell you she saw several doctors put Mr. Jackson to sleep with propofol overnight in hotel rooms (while touring)," he said. "Ms. Rowe knew this was incredibly dangerous. …She would always insist on being there when he got propofol overnight."

He said Rowe "doesn't know the names of all the doctors" who gave the anesthetic but would name the ones she could.

Rowe undoubtedly would be a complicated witness. She used to work for Michael's dermatologist Dr. Arnold Klein and reportedly has blamed her former employer for having a hand in the "Thriller" singer's death.

But her testimony about Michael's propofol use could harm the case that her kids Paris and Prince have brought along with their grandmother Katherine and younger brother Blanket against AEG.

Rowe has grown extremely close to Paris since the 15-year-old's failed suicide attempt June 5, sources told the Daily News.

As Michael's heirs, Katherine and the kids are asking a jury to find AEG financially liable for negligently hiring and supervising Dr. Conrad Murray, the personal physician convicted of giving the music icon a deadly dose of propofol in June 2009.

AEG has denied any wrongdoing, arguing that Michael personally hired Murray and carefully hid his propofol use behind locked doors.

On Monday, an expert witness testifying for AEG continued his assault on Katherine's claim her son could have earned more than $1 billion had he lived.

Eric Briggs, a consultant who has worked for the estates of Elvis Presley and Frank Sinatra, said it was dangerously "speculative" to assume Michael would have completed all 50 dates of his sold-out "This Is It" concert series in London - much less a 260-date world tour.

He called Katherine's projections "unprecedented," arguing that the best selling tour of all time - U2's "360" tour - grossed a grand total of $736 million. He said U2 band members only pocketed a fraction of that amount after paying for venues and pricey production costs.

He then underscored prior testimony that Michael's "Dangerous" tour lost money while his "HIStory" tour only broke even.

Briggs also questioned Michael's ability to line up sponsors and endorsement contracts due to his poor ratings in an influential poll of consumers.

And "Michael Jackson had a significant history of cancelling projects, even when they were fairly far along," Briggs testified.


Read more: http://www.nydailynews.com/news/nat...-testify-week-article-1.1412338#ixzz2aXWTZ2jS

 

[ivy]

Re: Jacksons vs AEG - Day 59 - July 30 2013 - News Only (no discussion)

Anthony McCartney ?@mccartneyAP 3h
Panish isn't promising to be done in the morning though, due to the slow pace of the cross-examination so far.
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Anthony McCartney ?@mccartneyAP 3h
Tomorrow's a full trial day, and Panish said he'd try to finish his cross-examination in the morning.
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Anthony McCartney ?@mccartneyAP 3h
Not long after this, the judge recessed for the day. The jury will return at 9:45 a.m. PDT for resumption of testimony.
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Anthony McCartney ?@mccartneyAP 3h
Briggs said he couldn't say who knew more about concert touring, promotion _ him, Phillips or Gongaware.
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Anthony McCartney ?@mccartneyAP 3h
Briggs has never worked as a concert promoter, and toward the end of his testimony Panish asked him if he knew more than Phillips, Gongaware
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Anthony McCartney ?@mccartneyAP 3h
Panish mentioned the coroner's report and testimony and specifically that they found no evidence of problems with Jackson's heart.
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Anthony McCartney ?@mccartneyAP 3h
"That one risk would be removed," Briggs said about Murray if he was no longer MJ's doctor.
He said other medical risks remained, though.
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Anthony McCartney ?@mccartneyAP 3h
Panish questioned whether having a "fit and competent" doctor would have lessened the risk to Jackson's life.
Briggs didn't want to say yes.
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Anthony McCartney ?@mccartneyAP 4h
Briggs said he couldn't offer a medical opinion, but just considered the opinions of other medical experts in the case.
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Anthony McCartney ?@mccartneyAP 4h
... given Murray's treatments on MJ.
Briggs didn't want to say Murray was a risk to Jackson's life, or address medical risks.
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Anthony McCartney ?@mccartneyAP 4h
The question was based on an expert who testified at deposition that he would have been surprised if Michael Jackson lived another week ...
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Anthony McCartney ?@mccartneyAP 4h
Panish asked Briggs about doing risk assessments, and whether he considered Conrad Murray a significant risk to Jackson's life.
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Anthony McCartney ?@mccartneyAP 4h
Briggs also said the general counsel of his company, FTI Consulting, approved him working as an expert in the AEG Live litigation.
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Anthony McCartney ?@mccartneyAP 4h
Another was Michael Jackson's estate.
Briggs said he discussed working on the AEG case with an estate attorney and was told it was OK.
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Anthony McCartney ?@mccartneyAP 4h
He said he delivered opinions to 3 or 4 different entities.
One of them was Sony-ATV, the massive music catalog MJ has an interest in.
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Anthony McCartney ?@mccartneyAP 4h
There had to be another sidebar before Briggs told jury there had been 5 to 10 "engagements" in which he'd worked on Jackson assets.
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Anthony McCartney ?@mccartneyAP 4h
Briggs said he was still uncomfortable discussing the clients.
The judge told him to answer the questions with a yes or no answer.
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Anthony McCartney ?@mccartneyAP 4h
When the attorneys came back, Panish continued his questions about Briggs' other clients on Jackson issues.
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Anthony McCartney ?@mccartneyAP 4h
The judge told Strong again that she should stop objecting, that she'd overruled them.
Strong kept talking, and the judge called a sidebar.
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Anthony McCartney ?@mccartneyAP 4h
Panish continued asking questions about Briggs' work on Jackson's assets outside of this case, and Strong objected.
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Anthony McCartney ?@mccartneyAP 4h
Panish kept pressing for answers and Strong kept objecting, to the point that the judge told her, "Ms. Strong, I've made the ruling."
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Anthony McCartney ?@mccartneyAP 4h
... who he had done the work for. He said the work was the subject of confidentiality agreements and he didn't want to violate them.
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Anthony McCartney ?@mccartneyAP 4h
Panish asked Briggs whether he had done any work valuing Jackson's assets outside of the AEG case.
He had, but he didn't want to answer ...
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Anthony McCartney ?@mccartneyAP 4h
There were three sidebars in the afternoon session, one of which was called after Strong repeatedly objected to a line of Panish's questions
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Anthony McCartney ?@mccartneyAP 4h
Briggs initially identified 15 depositions he'd reviewed, but as his testimony went on he remembered others he had read through.
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Anthony McCartney ?@mccartneyAP 4h
Briggs also reviewed the testimony of numerous other experts in the case, as well as Randy Phillips and Paul Gongaware.
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Anthony McCartney ?@mccartneyAP 4h
Some of it was the Q score data he explained yesterday, and other files were news articles.
He compiled notes, but they were bullet points.
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Anthony McCartney ?@mccartneyAP 4h
After numerous questions, Panish showed the jury about a stack of documents about an inch high that Briggs had compiled of his work.
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Anthony McCartney ?@mccartneyAP 4h
Panish spent a lot of time asking Briggs to justify the billings and showed him a binder of items he prepared before his deposition.
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Anthony McCartney ?@mccartneyAP 4h
Briggs' firm has billed between $600-700k for their work in the case. He doesn't have detailed time records for the work done though.
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Anthony McCartney ?@mccartneyAP 4h
Plaintiff's attorney Brian Panish started his cross-examination, which was pointed and initially focused on Briggs' billings in the case.
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Anthony McCartney ?@mccartneyAP 4h
Instead Briggs said that it would be speculative to offer a damages opinion, and reiterated he thought Arthur Erk's numbers were speculative
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Anthony McCartney ?@mccartneyAP 4h
She asked Briggs for his bottom-line opinion in the case. He didn't give a number for what he thought were Jackson's potential earnings.
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Anthony McCartney ?@mccartneyAP 4h
The session started out with AEG Live defense attorney Sabrina Strong finishing her direct questioning. This only took a few minutes.
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Anthony McCartney ?@mccartneyAP 4h
Katherine Jackson and her nephew Trent were back in court today to listen to Briggs' testimony
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Anthony McCartney ?@mccartneyAP 4h
We're done for the day in Jackson vs. AEG Live. Cross examination of AEG's damages expert Eric Briggs started this afternoon.

 

[ivy]

Re: Jacksons vs AEG - Day 59 - July 30 2013 - News Only (no discussion)

ABC7 Court News ?@ABC7Courts 1h
@MissLoriAnne I'm sorry, bad typo. Dr. Shimelman testified MJ had one week to live in the hands of Dr. Conrad Murray.
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@EquusFemina You're very welcome!
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@HisLight777 Very true, but we love the challenge to bring you all the testimony in a fair and impartial manner. ;-)
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@NenehJackson And that's, according to testimony, is because MJ was under the care of Dr. Murray. I hope this makes sense.
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@NenehJackson Briggs had some talking points he wrote on a paper and he said Dr. Shimelman testified MJ would've die any day.
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For all the latest, watch our newscasts @ABC7Courts or http://www.abc7.com . We hope to see you tomorrow for full trial coverage!
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Next potential witnesses: Randy Jackson (via video depo), Michael La Perruque (MJ's former head of security), Debbie Rowe, Rebbie Jackson
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Judge then adjourned trial until 9:45 am PT tomorrow. Attorneys ordered at 9:30 am to discuss trial issues with the judge.
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Panish: Live Nation hired you to assess concert and feasibility?
Briggs: No
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Panish asked if AEG only hired him 3 and half years after MJ was dead. Briggs said yes.
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"It appeared they (AEG) believed the shows would've gone forward," Briggs testified.
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Briggs: If I were hired, I'd have told my opinion that it's speculative that the 9 months would have been completed.
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Panish: Was AEG fraudulently selling tickets for the shows?
Briggs: I can't opine on that, I'm not an expert in fraud.
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Panish: Did AEG ever hire you to see if the show would happen or not?
Brigss: AEG did not hire me before February of this year.
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Panish asked who was more knowledgeable in concerts, if Briggs or Paul Gongaware. Briggs responded it depends which aspect of the business.
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Briggs: AEG had a plan for 50 shows, they had a budget for 50 shows, they were interested in doing 50 shows.
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Panish: AEG thought MJ could do 50 shows, didn't they, sir?
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Briggs: Dr. Shimelman stated a life expectancy of one week, I don't know how someone could perform for 9 months.
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Dr. Schnoll said MJ could've been treated by a fit and competent doctor and remove the risk.
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Dr. Shimelman said if Dr. Murray remained in the picture, MJ would live only another week.
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Briggs relied on Dr. Earley's testimony. He was unable to give a life expectancy to MJ because he wasn't hired for that.
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Briggs said one of the experts he reviewed stated the normal actuary doesn't apply to MJ's life and behavior.
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The expert said he didn't review MJ's autopsy report, since he has no ability to read it.
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Briggs said he relied on AEG's attorney to give him all the relevant materials related to what he's been asked to opine.
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Briggs: Just to be clear, I can't assess anyone's life expectancy.
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Panish said Dr. Earley wasn't asked to opined on MJ's life expectancy. Briggs read Dr. Earley's deposition and that's what it reads.
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Briggs: To a lay person, Dr. Earley's testimony that MJ was playing Russian roulette is talking about life expectancy.
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Briggs: I was asked to assess forecast earnings, not blame.
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Panish: Isn't it true Dr. Earley never blamed MJ for his addiction?
Briggs: That's what I recall from the testimony.
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Briggs' note says Dr. Shimelman -- Die any night
Briggs: Dr. Earley said the way MJ was taking drugs was like playing Russian roulette.
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Briggs: This is not my opinion, I'm not a doctor, I was relying on Dr. Shimelman's testimony (about one week to live).
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Briggs: There are all kinds of risks, like risk of relapse, risk of the manner he's taking the drugs.
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Panish: If Dr. Murray isn't in the question, there's no risk, right, sir?
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Briggs: It appears in determining his life expectancy Dr. Shimelman took in consideration Dr. Murray.
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Panish asked if Dr. Murray was a risk to MJ's health.
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Briggs: I wasn't focused on the risk, I was focused on a doctor assessing a record after the fact.
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Panish: Dr. Murray was a big risk to MJ's health, wasn't he?
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Dr. Earley said MJ was essentially playing Russian roulette in the way he was using drugs, Briggs said.
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Panish: Are you aware that IRS is investigating the people who hired you and undervalued Sony ATV catalogue?
Objection: Sustained
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Briggs: I believe his statement was MJ's life expectancy was one week, and he was taking into effect a lot of things: Dr. Murray, drug use
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ABC7 Court News ?@ABC7Courts 1h
Panish said Dr. Shimelman testified MJ's life expectancy was one week based on Dr. Murray's treatment of him.
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Briggs testified he saw testimony that MJ had one life week to live after June 25, 2009, the day of the artist's death.
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FTI is a public traded company. Briggs said he thinks the company was approaching $2 billion in revenues last year.
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Briggs receives a salary and bonus based on performance of the division.
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Briggs said he spoke with Cohen again about two months ago, and she acknowledged his work on this case.
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She was well aware what was going on and approved it. Briggs said he told her he had no interest in sharing the work done for the Estate.
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Briggs was retained on February 8, 2013. He spoke with Jeryll Cohen from MJ Estate and she okay'd him to testify as witness in this case.
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"My recollection was the attorneys for the Estate of Michael Jackson," Briggs testified. He said a call took place, doesn't know who called.
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Panish: Who did you call, have sign waiver in writing about a potential conflict of interest?
Briggs said there wasn't anything in writing.
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"I went one step further and told them (AEG) I would not be discussing anything regarding my other work," Briggs said.
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Briggs said he had engagement agreements with a number of entities related to MJ.
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Briggs said that what was more important to him is what FTI's general counsel thought and they determined there was no conflict of interest.
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Briggs testified AEG didn't see the work done in previous engagements as conflict of interest.
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Panish asked if Briggs worked with MJ before being retained in this case. He said yes and that he discussed it with AEG.
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Briggs said he watched the testimony of Meglen in the overflow room. He was accompanied by 3 AEG attorneys.
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Briggs never performed an audit for a record company.
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Panish: Goldman Sacks hired you regarding MJ, right sir?
Briggs: I don't recall specifically.
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Panish: Goldman Sacks?
Briggs: It's possible, I work on hundreds of projects a year.
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Fortress Capital -- Briggs said it was another company. He recalls law firm and there may have been financial companies.
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Panish: Was one of them Sony?
Briggs: Yes
Sony ATV Music Publishing was one of the companies, not Sony music, Briggs said.
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Briggs said he provided his opinion in those engagements, 5 to 10 times, before MJ died, to 3 or 4 third parties.
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Regarding this asset, the Sony ATV catalogue, Briggs said he worked on evaluating it between 5-10 times.
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Panish asked if before MJ died if any law firm hired his company to assess MJ's assets. Briggs said he doesn't recall.
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Briggs: In one particular case, a law firm hired us. It was in late 2009, after Michael Jackson had died.
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Briggs said he's not comfortable disclosing the names of the companies that hired him before. Judge Yvette Palazuelos ordered him to answer.
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Panish: Do you have a conflict of interest in this case?
Briggs: No
P: Have you been clear about your company to testify?
B: Absolutely
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ABC7 Court News ?@ABC7Courts 2h
Briggs asked the judge to instruct him on what he should answer, since Panish wants to know who he was working w/ regarding the catalogue.
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Briggs said he was working with someone unrelated to this case regarding the value of the Sony catalogue.
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Briggs said he performed the evaluation of Sony's catalogue many times, and his response was related to June 2009.
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Panish wants to know if the gross value of the catalogue was in excess of the debt. Briggs said no.
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Briggs: I believe the testimony the debt associated with Sony ATV catalogue was $400 million.
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"I don't remember the number," Briggs said. "I did not believe that's the case."
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Panish asked if the gross value Briggs put for the Sony catalogue is well in excess of the value of MJ's debt.
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Briggs: I'm sorry I'm having a trouble here, but I don't want to disclose any confidential information.
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Panish: It's well in excess of $500 million, isn't it, sir?
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Briggs said he had knowledge of some of MJ's asset.

Panish: Did you value that asset (Sony's catalogue)?
Briggs: Yes
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ABC7 Court News ?@ABC7Courts 2h
Briggs said he does not know that MJ had assets worth more than 300 or 400 or 500 million when he wrote his opinion .
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Judge gets mad with Strong for not stopping the objections, tells her to abide by her rulings. Strong continued, judge called a sidebar.
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Panish: You know, through your own knowledge, that MJ's assets far exceeded his debts when you wrote that on the sheet, don't you sir?
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Briggs said he's concerned about confidentiality agreement in answering this question.
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Panish asked if Briggs knows that MJ's asset, especially one, exceeded the amount of his debt.
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Panish asked if Briggs knows that MJ had assets with value. Briggs said yes.
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Panish: How do you know he was in debt?
Briggs: There were extensive testimony in this case about MJ's debt
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Panish asked if Briggs considered MJ's Sony ATV catalogue, which is one of his assets, to offset the debt.
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Briggs: MJ history of significant debt figured in my opinion that MJ would encounter challenges in securing endorsements.
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Briggs notes: Challenges with major advertisers given history (drug usage, child abuse, litigation, debt); also negative publicity
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Panish showed a document Briggs wrote that was basis for opinion on not getting endorsement is debt.
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Panish: So you worked on 1300 project in 750 weeks?
Briggs: Approximately
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Briggs said he's worked an average of 50 weeks per year over the past 15 years. Panish calculated it to be about 750 weeks of work.
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"I've not done projection of loss of earning capacity," Briggs said.
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Panish asked if Briggs has ever testified regarding loss of income in wrongful death or personal injury cases. The expert said no.
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Briggs said his understanding is that future earning capacity is what someone is expected to receive for future work.
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Briggs: My opinion related to Mr. Erk's analysis, which has earning capacity in it.
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Panish: Could he have made money working?
Briggs: Sure, anything is possible
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Panish: How much would he have made working in concerts?
Briggs: My opinion is that it is speculative to project earnings for future work
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Panish: Your opinion, had MJ not died, he would have earned no money, correct?
Briggs: That's not my opinion
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ABC7 Court News ?@ABC7Courts 2h
Briggs: My opinion is that it is speculative to project that he (MJ) would earn money related to work.
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Panish: MJ would earn no money in the future had he not died?
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"I don't believe the defendants are admitting they owe anything" Briggs said.

He said he was asked to opine on plaintiff's damage analysis.
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Briggs: I'm not entirely sure what the defendants said they are responsible for
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Panish: You understand the defendants say they are not responsible for anything in this case, right?
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Briggs: I believe that's correct. The chart stated it sold 65 million.
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Panish: And the highest selling album in the history of the world is "Thriller," correct, sir?
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Briggs also said he has never produced concerts. People in the music industry are his clients, Briggs said.
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Panish: You never promoted a concert, have you?
Briggs: I'm not a concert promoter
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Panish: Did you review Billboard Magazine regarding this case?
Briggs: Yes
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The expert didn't summarize the trial testimony he read either. He named about 7 people from whom he read testimony.
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Briggs said he has only testified once in UK related to a tax case. He has never testified before in a court in the US.
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ABC7 Court News ?@ABC7Courts 2h
Briggs said he reviewed the opening statements by both parties, summary judgment and opposition, and the judge's ruling.
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"I cannot give you an exhaustive list of all the depositions I reviewed in this case," Briggs said. He named about 15/16 people.
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Briggs said he read thousands of pages of depositions, probably 10K. Panish asked if Briggs made summaries of the depositions. He said no.
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Panish: Did you ever make a list of all the depositions you reviewed in this case?
Briggs: I did not put together an exhaustive list.
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Briggs said that if Panish is defining in printed paper what he generated, then yes. But if he counted deposition and testimony, then no.
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ABC7 Court News ?@ABC7Courts 2h
Panish said the material Briggs generated is about an inch worth of documents.
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Panish: Everything contained in this little file is what you generated in this case, correct?
Briggs: By your definition, yes
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ABC7 Court News ?@ABC7Courts 2h
Briggs said that binder does not contain everything that he generated.
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Panish held a three ring binder with about 2 inches of documents and asked Briggs if those were all the documents he generated for $650K.
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Briggs said he doesn't know specifically what he did on those hours, but did research in connection with the case, preparing for deposition.
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Bill shows 17.3 hours worked, $13,840 charge.
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Panish: Do you keep track of the hours you work?
Briggs: Yes, I tell my assistant how much I worked on a case
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Panish showed the witness the bill sent by Briggs' company. It does not detail the work done, only the amount of hours spent.
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ABC7 Court News ?@ABC7Courts 2h
Since his deposition, Briggs said he has worked approximately 200 additional hours, 350 hours total.
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Panish said the expert testified in his deposition he had worked 130 hours in this case.
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Briggs said his understanding is that there's another person hired by AEG to testify regarding damages in this case.
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Panish: And you say you're independent, correct, sir?
Briggs: I'm offering my independent opinion in this matter
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Panish: How much, sir, have you charged O'Melveny & Myers?
Briggs said the total bill is in the order of $600,000 to $700,000.
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Briggs said Panish's characterization that Matthew worked the most in this case is concerning.
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Matthew has been with the company for about a year and Panish says he's the one who has been doing a lot of the work.
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Briggs said another member of his firm (Matthew) is helping him in the case.
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The expert said he worked 40-50 hours approximately since July 18. He said he went to the attorneys' office 5 days last week, 2 this week
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Briggs said he has had between 4 and 6 meeting with AEG's attorneys over the last two weeks.
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Panish: So you are not independent?
Briggs: I'm not sure I understand where you're going with this.
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"I'm engaged in this matter as an expert witness," Briggs responded. "My firm has been hired by AEG and O'Melveny & Myers."
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Panish: You never worked for us?
Briggs: I'm not performing work in this matter for Mrs. Jackson and Panish law firm
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Panish: You are being paid by this side here, sir?
Briggs: I don't agree with your characterization
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Panish asked if his company was being paid, and the expert said FTI consulting is billing fees in this matter.
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"I'm offering my independent opinion in his matter," Briggs said. As an individual, he's not being paid.
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Briggs said he's engaged in this matter as AEG and O'Melveny & Myers expert witness.
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ABC7 Court News ?@ABC7Courts 4h
Strong finished her questions. Jacksons' attorney Brian Panish did cross examination.
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Briggs Conclusions:
1- It is speculative as to whether these projects would be completed;
2- The projection and numbers are speculative
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Strong continued her questioning. Briggs said he was tasked to analyze Erk's projection related to MJ's potential work-related income.
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She said when Dr. Saunders said the only two drugs he know of were Demerol and morphine -- it should be buprenorphine instead of Morphine.
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Before testimony resumed, AEG's Kathryn Cahan said last week, when Dr. Saunders' video deposition was played, they didn't read a correction
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Katherine Jackson was present in court, wearing a black and white jacket with floral details.
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Eric Briggs was back on the stand. Sabrina Strong finished direct examination.
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Hello from the courthouse in downtown LA. Day 59 of Jackson family vs AEG trial has just wrapped up. This is Week 14 of the trial.

 

[ivy]

Re: Jacksons vs AEG - Day 59 - July 30 2013 - News Only (no discussion)

Michael Jackson's estate consultant helps AEG Live's defense
By Alan Duke
updated 9:45 AM EDT, Wed July 31, 2013
Katherine Jackson: Michael's mother, 82, was deposed for nine hours over three days by AEG Live lawyers. As the guardian of her son's three children, she is a plaintiff in the wrongful death lawsuit against the company that promoted Michael Jackson's comeback concerts. Katherine Jackson: Michael's mother, 82, was deposed for nine hours over three days by AEG Live lawyers. As the guardian of her son's three children, she is a plaintiff in the wrongful death lawsuit against the company that promoted Michael Jackson's comeback concerts.
HIDE CAPTION
Key players in Jackson wrongful death trial

>>
STORY HIGHLIGHTS
Katherine Jackson learns a consultant for her son's estate is helping defend AEG Live
Michael Jackson's mother is suing AEG Live, contending it's liable for her son's death
Consultant Eric Briggs says the estate approved his work for AEG Live's defense
Briggs consulted for the Jackson estate in the past

Los Angeles (CNN) -- A lawyer for Michael Jackson's estate gave an entertainment industry consultant permission to help AEG Live in its defense of the wrongful death lawsuit filed by the pop singer's mother, the expert testified.
The revelation was a surprise to Katherine Jackson, who was sitting in court Tuesday listening to the expert testify that he believed her son would not have earned any money even if he had not died of a propofol overdose.
If jurors decide AEG Live is liable in Jackson's death, testimony by Eric Briggs -- whose company billed the concert promoter $700,000 to prepare his opinion -- could be used to determine how much in damages the company would have to pay to Michael Jackson's mother and three children.
Briggs, however, previously consulted for the Jackson estate in determining a value of it's biggest asset -- the Sony-ATV music catalog that includes the Beatles songs. He testified that before he signed a contract to serve as an expert in AEG Live's defense he sought and gained permission from the Jackson estate lawyer Jeryll Cohen to waive any potential conflict of interest.
"She (Cohen) was well aware of everything that was going on," Briggs testified.
Prince Jackson testifies against AEG Paris Jackson's deposition
Celebrity substance abuse confessions Celebrity substance abuse confessions
Photos: Controversial celebrity deaths Photos: Controversial celebrity deaths
A spokesman for the Michael Jackson estate was unaware of the circumstances or reasons why the estate would approve the waiver that could be counter to the interests of its beneficiaries -- Jackson's mother and three children.
Bad news hurt Jackson's earning potential, witness says
An entertainment industry analyst hired by Jackson lawyers testified he was "reasonably certain" Jackson would have earned $1.5 billion from touring before retiring if he had not died while preparing for his comeback concerts in 2009.
Briggs testified that it was "speculative" that Jackson would have even completed the 50 "This Is It" concerts that AEG Live had already sold out in London.
Briggs said that based on what he'd learned from testimony in the case, he believed that Jackson would have died before the first show -- even if he had not suffered the fatal overdose of a surgical anesthetic on June 25, 2009. He cited the testimony of a doctor who said that Jackson would have been dead within a week if he remained under the care of Dr. Conrad Murray.
The Jackson lawsuit contends AEG Live is liable in Jackson's death because it negligently hired, retained or supervised Murray, who was convicted of involuntary manslaughter in the pop icon's death.
The Erk opinion included $300 million that he estimated Jackson would have earned from endorsements and sponsorships. But Briggs testified that "significantly negative headlines, drug abuse and other issues" had ruined Jackson's ability to earn endorsement and sponsorship money.
"Q score" data for Jackson, which measures his "likability," became dramatically negative by 2006 -- a year after he was acquitted in a child molestation trial, he testified. More than seven people said they disliked Jackson for every one who said they liked him, he said. Companies would be "very anxious" about putting someone with such a negative "likability" next to their products, he said.
Jackson's drug use explored in trial
One issue hurting Jackson's endorsement deal potential was his financial debt, estimated to be $400 million at the time of his death, Briggs said.
But Jackson lawyer Brian Panish asked Briggs if he considered that Jackson's assets -- most notably the Sony-ATV catalogue -- were greater than his debts.
Briggs stuttered on the witness stand, saying he was reluctant to discuss Jackson's assets because of a client confidentiality issue. He eventually acknowledged that he had worked for the Jackson estate as a consultant analyzing the value of the music catalog. He signed a confidentiality agreement with the estate, which he said prevented him from discussing it.
His company did, however, clear his participation in the wrongful death case with a Jackson estate lawyer before he agreed to be an expert for AEG Live, he said.
Briggs also said AEG Live lawyers were aware of the potential conflict before hiring him and had no problem with it.
Wednesday is the 60th day of testimony in the trial, which began 14 weeks ago in a Los Angeles County court. The judge told jurors she expects testimony to conclude in mid-September.

 

[ivy]

Jacksons vs AEG - Day 60 - July 31 2013 - News Only (no discussion)

Jacksons vs AEG - Day 60 - July 31 2013 - News Only (no discussion)

Use this thread to post any and all news stories from day 60 of Katherine Jackson vs. AEG trial.

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

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

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

 

[ivy]

Anthony McCartney ‏@mccartneyAP 2h
I’ll be back in court tomorrow and will update on issues regarding Briggs’ testimony.
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Anthony McCartney ‏@mccartneyAP 2h
AEG also wants to call Jackson’s former head of security, Micahel La Perreque, to the stand tomorrow afternoon.
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Anthony McCartney ‏@mccartneyAP 2h
It’s possible that Briggs’ testimony however will be interrupted if AEG calls Barry Siegel to the stand tomorrow.
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Anthony McCartney ‏@mccartneyAP 2h
Panish, who has said Briggs’ credibility is at issue and some of his testimony is false, will be able to explore the issue more.
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Anthony McCartney ‏@mccartneyAP 2h
Palazuelos disagreed. “We’ve got debt right smack in the middle of this opinion,” she said.
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Anthony McCartney ‏@mccartneyAP 2h
AEG’s attorneys did try to say that Panish’s questioning of Briggs on the debt issue was outside the scope of the case.
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Anthony McCartney ‏@mccartneyAP 2h
Briggs says his remarks about Jackson being deeply in debt are only tied to his opinion that MJ couldn’t have gotten endorsement deals.
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Anthony McCartney ‏@mccartneyAP 2h
Hopefully this will be sorted out tomorrow morning. The jury is due back at 10 a.m. PDT, and attorneys will update the judge before that.
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Anthony McCartney ‏@mccartneyAP 2h
... to order him to answer. At a sidebar yesterday, AEG attorney Sabrina Strong said Briggs could be sued without the judge’s order.
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Anthony McCartney ‏@mccartneyAP 2h
AEG’s lawyers say they aren’t blocking Briggs from answering the questions about his work with the estate, but he wants the judge ...
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Anthony McCartney ‏@mccartneyAP 2h
Briggs has said he cleared his work on the AEG case with another estate attorney, Jeryll Cohen. Panish says that’s not true.
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Anthony McCartney ‏@mccartneyAP 2h
Panish says estate attorney Howard Weitzman is going to come to court (probably tomorrow) and discuss whether Briggs can discuss his work.
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Anthony McCartney ‏@mccartneyAP 2h
... in the AEG case doesn’t take into account the Sony-ATV catalog’s actual value at the time Jackson died.
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Anthony McCartney ‏@mccartneyAP 2h
Panish has said repeatedly that Briggs’ calculations under-valued the catalog and that his mention of MJ’s debt in his testimony ....
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Anthony McCartney ‏@mccartneyAP 2h
Briggs has done work for Goldman Sachs, the Fortress Investment Group and Jackson’s estate regarding the catalog.
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Anthony McCartney ‏@mccartneyAP 2h
Palazuelos also asked about the other entities Briggs had done work for analyzing Jackson’s assets.
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Anthony McCartney ‏@mccartneyAP 2h
Outside the presence of the jury this afternoon, Judge Yvette Palazuelos allowed Panish to question Briggs about his connection to estate.
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Anthony McCartney ‏@mccartneyAP 3h
Briggs also continued to be very circumspect about what other work he’d done on valuing Jackson’s signature asset, the Sony ATV catalog.
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Anthony McCartney ‏@mccartneyAP 3h
Panish spent more than 25 minutes this morning trying to get more details on Briggs’ billing records. He didn’t get any more info.
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Anthony McCartney ‏@mccartneyAP 3h
It was very slow going again today, with plaintiff’s attorney Brian Panish continuing to try to get more details about Briggs' work.
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Anthony McCartney ‏@mccartneyAP 3h
I had to work on other stories occasionally today, so I'm going to give a broad overview of Briggs’ testimony, as opposed to play-by-play.
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Anthony McCartney ‏@mccartneyAP 3h
Katherine Jackson and her nephew Trent attended today’s session. No other family members were here today.
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Anthony McCartney ‏@mccartneyAP 3h
We’re done for the day in Jackson vs. AEG Live. Defense damages expert Eric Briggs was on the stand undergoing cross examination.
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[ivy]

Re: Jacksons vs AEG - Day 60 - July 31 2013 - News Only (no discussion)

ABC7 Court News ?@ABC7Courts 2h
Panish asked if Ortega testified that he wanted to do films with MJ and wanted to be involved in anything Jackson related. Briggs said yes.
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ABC7 Court News ?@ABC7Courts 2h
Panish: Did Ortega testify he discussed with MJ going on a worldwide tour and going to India?
Briggs: I don't recall that in trial testimony
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ABC7 Court News ?@ABC7Courts 2h
Katherine Jackson stated that Michael Jackson didn't want to be moonwalking at 50 years old, Briggs said.
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ABC7 Court News ?@ABC7Courts 2h
Panish: Did you look into MJ having a residency show with Celine Dion?
Briggs: I'm not aware of that
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ABC7 Court News ?@ABC7Courts 2h
Panish: Could he have done a residency shows in Las Vegas?
Briggs: It's possible
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ABC7 Court News ?@ABC7Courts 2h
Panish: Could he have sold merchandise?
Briggs: To the extent the shows happened, it's possible
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ABC7 Court News ?@ABC7Courts 2h
Panish: Could he have gotten endorsements?
Briggs: Yes, it's possible
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ABC7 Court News ?@ABC7Courts 2h
Panish: Could he have done tours?
Briggs: Yes, it's possible

Panish: Could he have been involved in movies?
Briggs: Yes, it's possible
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ABC7 Court News ?@ABC7Courts 2h
Panish: MJ could have made records?
Briggs: Yes, it's possible
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ABC7 Court News ?@ABC7Courts 2h
Panish: How much actors get paid for good movies?
Briggs: It vary from a few million to many millions of dollars
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ABC7 Court News ?@ABC7Courts 2h
Panish: Could he have acted in movies?
Briggs: It's possible, sure
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ABC7 Court News ?@ABC7Courts 2h
Panish: Do you agree Mj could have toured?
Briggs: Had he lived, it's possible

Panish: Could Mr. Jackson make movies?
Briggs: Yes
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ABC7 Court News ?@ABC7Courts 2h
Briggs said he did not nor was he aware of any material to enable them to make projections about India.
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ABC7 Court News ?@ABC7Courts 2h
In deposition, an attorney asked Briggs if he performed specific calculation to demand in India for a MJ show in 2009-2012.
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ABC7 Court News ?@ABC7Courts 2h
Panish asked what specific work Matthew did. Briggs said he researched cities Erk said concerts would take place, audience capacity, arenas
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ABC7 Court News ?@ABC7Courts 2h
"The truth of my opinion has nothing to do with how much we're being paid in this case," Briggs testified.
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ABC7 Court News ?@ABC7Courts 2h
Briggs said that sometimes his clients don't follow their advice. "Our advice is not always right," the expert said.
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ABC7 Court News ?@ABC7Courts 2h
Panish showed email saying Phillips and Dr. Murray were responsible for for getting MJ to rehearsal. Briggs said he doesn't recall it.
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ABC7 Court News ?@ABC7Courts 2h
Panish: Did you take in consideration Randy Phillips and Dr. Murray had shared responsibility to get MJ into rehearsal? Briggs didn't recall
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ABC7 Court News ?@ABC7Courts 2h
Briggs estimated hundreds, perhaps thousands shows happen in a year around the world.
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ABC7 Court News ?@ABC7Courts 2h
Panish asked how many shows AEG does in a year. Briggs said he doesn't know.
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ABC7 Court News ?@ABC7Courts 2h
Panish: Are you saying all these people are risks and no one should do business with them?
Briggs: I didn't say that
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ABC7 Court News ?@ABC7Courts 2h
Briggs: They may have the same information but the interpretation is absolutely different.
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ABC7 Court News ?@ABC7Courts 2h
Panish: All of these information, someone in 6th grade would be able to get the same exact information off the internet, correct, sir?
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ABC7 Court News ?@ABC7Courts 2h
Panish said Briggs got his information from articles out of the internet.
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ABC7 Court News ?@ABC7Courts 2h
Panish asked about Eric Clapton and Van Halen's cancellation of shows. Briggs doesn't recall how many were canceled.
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ABC7 Court News ?@ABC7Courts 2h
Panish mentioned U2 canceled shows for Bono's back surgery, Madonna canceled show to be with her family, Guns N'Roses canceled and returned.
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ABC7 Court News ?@ABC7Courts 2h
Panish: What's Madonna's cancellation rate?
Briggs: I don't know
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ABC7 Court News ?@ABC7Courts 2h
Panish asked where Dr. Murray was in the risk. Briggs said he did not take Dr. Murray into account.
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ABC7 Court News ?@ABC7Courts 2h
Briggs identified 3 primary risks:
- Health/medical experts
- Projects falling through/cancellations
- Industry/precedent
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ABC7 Court News ?@ABC7Courts 2h
Panish wanted to know if Briggs reviewed all the relevant documents in this case. He said the attorneys gave him documents, he asked others
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ABC7 Court News ?@ABC7Courts 2h
Panish asked if MJ bought his mother a $500,000 motorhome. Briggs said he doesn't recall.
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ABC7 Court News ?@ABC7Courts 2h
Panish asked if MJ paid for Katherine Jackson's bills and expenses. Briggs said he doesn't recall the specific comments.
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ABC7 Court News ?@ABC7Courts 2h
Judge to the jurors: Now you know what we do in chambers. That's the stuff we argue about.
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ABC7 Court News ?@ABC7Courts 2h
Judge and attorneys extensively argued whether Briggs has attorney-client privilege with the Estate of Michael Jackson.
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ABC7 Court News ?@ABC7Courts 2h
Briggs said he only learned about what he knows of what the government claims regarding Sony ATV catalogue from the Estate.
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ABC7 Court News ?@ABC7Courts 2h
Panish argues there's no attorney-client privilege,and Briggs should be ordered to answer.
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ABC7 Court News ?@ABC7Courts 2h
Briggs: They hired us to perform work related to Sony ATV catalogue as of the date of MJ's death.
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ABC7 Court News ?@ABC7Courts 2h
Briggs: The only information I received in this regard came from lawyers of the Estate of Michael Jackson.
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ABC7 Court News ?@ABC7Courts 2h
Panish: You' are well aware the value of one asset is doubled any debt he had, isn't that, sir?
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ABC7 Court News ?@ABC7Courts 2h
Briggs: The only information I have in that respect is from attorneys of the Estate of Michael Jackson and I'm concerned w/ confidentiality
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ABC7 Court News ?@ABC7Courts 2h
Panish: Government has stated one MJ asset is worth twice his debt, isn't it, sir?
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ABC7 Court News ?@ABC7Courts 2h
Panish: Barrack wanted to invest in Mr. Jackson and do work with him in the future, right, sir?
Briggs: Yes
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ABC7 Court News ?@ABC7Courts 2h
Panish showed deposition of Barrack with interview saying MJ was a guy who could make $500 million a year if he put his head to it.
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ABC7 Court News ?@ABC7Courts 2h
Barrack runs Colony Capital, an investment company. It's a multi-billion dollar entity.
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ABC7 Court News ?@ABC7Courts 2h
Briggs reviewed Tom Barrack's testimony. Panish asked if Barrack said if MJ wanted to he could earn $500 million a year. Briggs said no.
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ABC7 Court News ?@ABC7Courts 2h
Briggs said in terms of actual dates, approximately 1.4% of the Dangerous shows were canceled.
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ABC7 Court News ?@ABC7Courts 2h
Briggs testified he doesn't know if his company has been paid or not.
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ABC7 Court News ?@ABC7Courts 2h
Panish wanted to know what type of time calculation software FTI uses. Briggs said he doesn't know.
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ABC7 Court News ?@ABC7Courts 2h
Briggs: To my knowledge, that information does not exist.
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ABC7 Court News ?@ABC7Courts 2h
Panish asked if there's any document detailing the time spent on the task and who did what regarding this case.
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ABC7 Court News ?@ABC7Courts 2h
Briggs said he cannot tell Panish what each specific bill means in terms of itemization of work done.
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ABC7 Court News ?@ABC7Courts 2h
Panish asked how many shows MJ performed in his career. Briggs said he doesn't know for sure, thinks it's 270 approximately.
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ABC7 Court News ?@ABC7Courts 2h
Panish: How old were you in 1993?
Briggs: About 17-18
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ABC7 Court News ?@ABC7Courts 2h
When attorney asked the judge again, judge said: "I keep advising him, but..."
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ABC7 Court News ?@ABC7Courts 2h
Panish asked the judge to admonish Briggs to answer the questions several times throughout the morning.
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ABC7 Court News ?@ABC7Courts 2h
Panish wanted to know why Briggs didn't bring the documents he relied on regarding the cancelation of the Dangerous tour.
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ABC7 Court News ?@ABC7Courts 2h
Panish asked how many Dangerous shows were canceled. Briggs said in his opinion is between 3 to 10. He said he did research about it.
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ABC7 Court News ?@ABC7Courts 2h
"My opinion is based after the facts, what we know today," Briggs testified.
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ABC7 Court News ?@ABC7Courts 2h
Briggs: I don't recall that specific testimony, my knowledge is that the coroner's report was introduced through doctor testimony.
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ABC7 Court News ?@ABC7Courts 2h
Panish: Were you aware coroner said MJ didn't have any medical problem at the time of his death that would've his life expectancy reduced?
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ABC7 Court News ?@ABC7Courts 2h
Panish: In your opinion that MJ wouldn't complete 50 shows, u didn't consider Dr Slavit?
Briggs: I don't know if I reviewed it prior to depo
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ABC7 Court News ?@ABC7Courts 2h
Briggs: My information is that the physical was passed and that there were no significant issues.
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ABC7 Court News ?@ABC7Courts 2h
Briggs said he recall reading about MJ getting a physical and that everything was fine.
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ABC7 Court News ?@ABC7Courts 2h
"There was a physical on MJ in the beginning of 2009," Briggs said. He added he doesn't know who hired the doctor and who paid him.
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ABC7 Court News ?@ABC7Courts 2h
Panish: Did you know AEG paid money to have Dr. Slavit to check Michael Jackson?
Briggs: I din't have that specific knowledge
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ABC7 Court News ?@ABC7Courts 2h
Panish: Did you know AEG paid a medical doctor to exam Michael Jackson, yes or no?
Briggs: No
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ABC7 Court News ?@ABC7Courts 2h
Briggs: My opinion, of course, is more informed than the one made at the time
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ABC7 Court News ?@ABC7Courts 2h
Panish compared Briggs to an armchair quarterback after the fact, issuing opinion after the fact.
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ABC7 Court News ?@ABC7Courts 2h
Panish: You'd expect AEG, someone in the business, to know about MJ's drug use
Briggs: I'd generally expect they'd be aware of the headlines
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ABC7 Court News ?@ABC7Courts 2h
"There was wide spread media coverage, over the years, of MJ's drug usage," Briggs said.
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ABC7 Court News ?@ABC7Courts 2h
Briggs agreed that AEG entered into a 3 year contract with Michael Jackson.
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ABC7 Court News ?@ABC7Courts 2h
Panish asked if Dr. Earley said MJ should no be to blame for his addiction. Briggs said yes, but said addicts should take responsibility
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ABC7 Court News ?@ABC7Courts 2h
Briggs: What he said is that he was not able to offer a statement with the doctor out of the picture and that is significant.
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ABC7 Court News ?@ABC7Courts 2h
Panish inquired if Dr. Shimelman testified that without Conrad Murray MJ would have had a normal life expectancy.
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ABC7 Court News ?@ABC7Courts 2h
Panish: How many concerts did Gongaware estimated to do?
Briggs: In Sept 2008, prior to an agreement with MJ?
Panish: Yes
Briggs: 186
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ABC7 Court News ?@ABC7Courts 2h
Briggs: Yes, I think AEG wanted to go on a worldwide tour with Michael Jackson.
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ABC7 Court News ?@ABC7Courts 2h
Briggs said MJ's drug use he analyzed was based on testimony in this trial, not tabloid headlines.
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ABC7 Court News ?@ABC7Courts 2h
Briggs said yes, there were headlines about it. Panish asked if it was the same headlines Briggs referred to about Michael Jackson.
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ABC7 Court News ?@ABC7Courts 2h
Panish asked if there were drug use allegations regarding The Rolling Stones and AC/DC members.
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ABC7 Court News ?@ABC7Courts 2h
Panish: $108 ticket price times 55 thousand people times 186 shows, hows does that come out sir?
Briggs: That is roughly $1.1 billion
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ABC7 Court News ?@ABC7Courts 2h
Panish did this calculation:
55k (average of MJ's audience) x 186 shows (Gongaware's plan) x $108 (average TII ticket) = $1.1. billion
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ABC7 Court News ?@ABC7Courts 2h
The last MJ show was about 10-12 years prior to U2. U2 averaged 66K people.
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ABC7 Court News ?@ABC7Courts 2h
MJ's HIStory tour averaged 55K people, average ticket was $37, which is one third of U2's ticket price.
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ABC7 Court News ?@ABC7Courts 2h
Chart:
3- AC/DC -- 167 shows, $91, average 29K people
4- Madonna -- 85 shows, $115, average 42K people
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ABC7 Court News ?@ABC7Courts 2h
Chart:
1- U2 360 in 2009 -- 110 shows, $101, average 66K people
2- Rolling Stones -- 144 shows, $119, average 32K people
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ABC7 Court News ?@ABC7Courts 2h
Panish inquired about Meglen's testimony saying 97,000 people was not true. Briggs said he doesn't think that's what Meglen testified.
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ABC7 Court News ?@ABC7Courts 2h
Panish asked if U2 360 had 97,000 people at the Rose Bowl. Briggs said U2 was a 360 degree and they were able to fit a record crowd.
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ABC7 Court News ?@ABC7Courts 2h
"I was absolutely comparing apples to apples," Briggs said.
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ABC7 Court News ?@ABC7Courts 2h
Briggs conceded he doesn't know independently whether the merchandising revenue is included in the numbers.
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ABC7 Court News ?@ABC7Courts 2h
Panish asked if Briggs included merchandising revenue in the chart he made. Briggs said Erk testified the numbers included merchandising.
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ABC7 Court News ?@ABC7Courts 2h
In his deposition, Briggs said he does not know anything specifically that AEG did to assess MJ's health.
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ABC7 Court News ?@ABC7Courts 2h
Panish asked Briggs if he was aware of anything that AEG did specifically to assess MJ's health.
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ABC7 Court News ?@ABC7Courts 2h
The expert clarified that he probably didn't charge $800/hour in the beginning of his career.
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ABC7 Court News ?@ABC7Courts 2h
Briggs said that in matters he bills clients by the hour, he's always charged $800 per hour. Other possibility is to charge flat fee.
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ABC7 Court News ?@ABC7Courts 2h
Panish asked if Pepsi, Nike, Red Bull, soft drink companies are financial companies. Briggs said no.
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ABC7 Court News ?@ABC7Courts 2h
Briggs: MJ's ability to secure endorsements from financial companies would be impacted by negative headlines associated with his debts
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ABC7 Court News ?@ABC7Courts 2h
Panish: Your opinion is that MJ wouldn't earn a dime for future work?
Briggs: Yes, taking the consideration the risk factors we know today
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ABC7 Court News ?@ABC7Courts 2h
"My opinion is that it's speculative he would earn any money working," Briggs opined.
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ABC7 Court News ?@ABC7Courts 2h
Panish questioned Briggs, extensively, about all the bills FTI submitted and if he knew the specific work performed for each bill.
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ABC7 Court News ?@ABC7Courts 2h
Panish asked if Briggs' company has a billing department and itemization of work done. He said yes to first, doesn't know the second.
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ABC7 Court News ?@ABC7Courts 2h
Briggs: I understand there's a check system in place, but I don't know how it works.
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ABC7 Court News ?@ABC7Courts 2h
Panish: Does your company check the time worked before submitting bill to a client?
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ABC7 Court News ?@ABC7Courts 2h
"You'd expect someone working for that kind of money would produce records of what they worked on" Panish asked. Briggs said he doesn't know
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ABC7 Court News ?@ABC7Courts 2h
Panish points out there are two employees just out of school earning $350/hr. He asked where their time sheets were.
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ABC7 Court News ?@ABC7Courts 2h
Panish showed several bills from FTI for Briggs without itemization of the work done. They are for $55,000, $189,000, $123,000, $155,902.
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ABC7 Court News ?@ABC7Courts 2h
Panish tells Briggs there's a signed order to produce his time record in this case. Briggs asked to see it, since he doesn't have it.
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ABC7 Court News ?@ABC7Courts 2h
Briggs: No, my recollection is that the document was a subpoena
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ABC7 Court News ?@ABC7Courts 2h
Panish: Has any attorneys for AEG told you that the court issued an order to you to produce your time records forthwith (immediately?
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ABC7 Court News ?@ABC7Courts 2h
Panish asked Briggs if he's produced his time records related to this case. He said he turned the subpoena to FTI's general counsel.
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ABC7 Court News ?@ABC7Courts 2h
Panish: Did you ask Ms. Cohen to waive any potential conflict of interest?
Briggs: I did not ask her that specific question
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ABC7 Court News ?@ABC7Courts 2h
Panish asked if Briggs called Ms. Cohen to talk about the potential conflict of interest before his deposition. He said he doesn't recall.
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ABC7 Court News ?@ABC7Courts 2h
Briggs: Ms. Cohen did not say that
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ABC7 Court News ?@ABC7Courts 2h
Panish: Did Ms. Cohen say to you she waived any potential conflict between you, FTI, and the Estate of Michael Jackson?
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ABC7 Court News ?@ABC7Courts 2h
Panish: Yesterday, you said you met with Ms. Cohen (attorney for the Estate), correct?
Briggs: Yes
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ABC7 Court News ?@ABC7Courts 2h
Briggs met with AEG's lawyers for about 15-20 minutes yesterday and another 15-20 minutes this morning.
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ABC7 Court News ?@ABC7Courts 2h
Panish asked which lawyers Briggs discussed at OMM the potential for conflict of interest. He said Sabrina Strong and perhaps Jessica Bina.
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ABC7 Court News ?@ABC7Courts 2h
"I discussed my previous engagements with O'Melveny & Myers," Briggs said.
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ABC7 Court News ?@ABC7Courts 2h
Briggs: I never viewed it as a potential conflict of interest, I don't think I characterized it that way.
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ABC7 Court News ?@ABC7Courts 2h
Panish: Sir, did you testify you discussed the potential for a conflict of interest with AEG's attorneys?
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ABC7 Court News ?@ABC7Courts 2h
Briggs: As far as I'm concerned, everything I've done for Estate and everything I've done on this matter have nothing to do with each other.
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ABC7 Court News ?@ABC7Courts 2h
The expert said he doesn't know who made the call to the Estate, if it was him or his partner.
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ABC7 Court News ?@ABC7Courts 2h
"I believe FTI checked for conflict of interest," Briggs said. He said he received a form and the conflict of interest check was marked.
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ABC7 Court News ?@ABC7Courts 2h
Panish asked Briggs who he contacted at the Estate of Michael Jackson to waive potential conflict of interest.
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ABC7 Court News ?@ABC7Courts 2h
Eric Briggs was back on the stand. Brian Panish did cross examination. Katherine Jackson was present in white jacket with green leaves.
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ABC7 Court News ?@ABC7Courts 10h
We'll bring you all the details of today's testimony as soon as we can. Remember, judge does not allow live tweet.
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ABC7 Court News ?@ABC7Courts 10h
Also coming soon to the stand is Debbie Rowe, the biological mother of two of MJ's children and a nurse who treated the artist.
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ABC7 Court News ?@ABC7Courts 10h
Rebbie Jackson is also expected to testify this week, but she's sick. Randy Jackson will testify via video deposition.
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ABC7 Court News ?@ABC7Courts 10h
AEG's attorneys expect to call Michael La Perruque, former head of MJ's security, to testify next.
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ABC7 Court News ?@ABC7Courts 10h
Defendants' retained expert witness, Eric Briggs, will resume cross examination once trial begins today.
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ABC7 Court News ?@ABC7Courts 10h
Attorneys and judge are discussing future testimony and what will be and won't be allowed to come in.
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ABC7 Court News ?@ABC7Courts 10h
Hello from the courthouse in downtown LA. Day 60 of Jackson family vs AEG trial to get underway soon.

 

[ivy]

Re: Jacksons vs AEG - Day 60 - July 31 2013 - News Only (no discussion)

ABC7 Court News ?@ABC7Courts 1m
Next witnesses
Eric Briggs
Michael La Perruque (former head of MJ's security)
Barry Seagal (MJ financial advisor to talk about his spending)
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ABC7 Court News ?@ABC7Courts 3m
MJ's estate attorney Howard Weitzman to appear as well.
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ABC7 Court News ?@ABC7Courts 3m
Court adjourned until tomorrow at 10 am PT. Attorneys ordered at 9:45 am PT to discuss conflict of interest.
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ABC7 Court News ?@ABC7Courts 3m
Panish: How much did the pay out was?
Briggs: I have no idea
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ABC7 Court News ?@ABC7Courts 3m
Briggs said there's a non-appearance insurance on the budget. Lloyds of London charged $450,000 for the premium.
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ABC7 Court News ?@ABC7Courts 4m
Briggs said the figures below are for ticket sales and merchandising:
Prod 1 -- $94 million
Prod 2 -- $107 million
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ABC7 Court News ?@ABC7Courts 4m
Briggs said he reviewed Shawn Trell's trial testimony of 4 days but does not recall anything he said that was relevant to his opinion.
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ABC7 Court News ?@ABC7Courts 4m
Briggs said the points in his outline is to support his opinion, since the positive things he already knew about.
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ABC7 Court News ?@ABC7Courts 5m
Briggs: The positive I knew quite well, so there's no notes to that, the positives were apparent.
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ABC7 Court News ?@ABC7Courts 5m
Panish asked if Briggs noted anything positive that Branca said regarding MJ's ability to make money. He said he doesn't believe he did.
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ABC7 Court News ?@ABC7Courts 5m
Panish: All you remember is the things that were against MJ?
Briggs: My opinion is not against MJ.
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ABC7 Court News ?@ABC7Courts 6m
Briggs doesn't recall Branca saying he believes MJ could have done the 50 shows.
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ABC7 Court News ?@ABC7Courts 6m
John Branca is a prominent entertainment attorney. Briggs said he was brought back around the time MJ died.
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ABC7 Court News ?@ABC7Courts 7m
Panish asked Briggs if he knows the average ticket price for MJ's show was $108. He said it's approximately right.
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ABC7 Court News ?@ABC7Courts 7m
Jury then entered the courtroom. Testimony resumed.
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ABC7 Court News ?@ABC7Courts 8m
Panish: That's not true! He didn't know how much catalogue was worth, had $6 million in an account that Tohme was holding, so he had money.
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ABC7 Court News ?@ABC7Courts 8m
Bina said MJ' business manager said MJ had no ability to borrow money and had no money at time of death.
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ABC7 Court News ?@ABC7Courts 9m
Panish: If Briggs said something that's not true, it goes against his credibility.
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ABC7 Court News ?@ABC7Courts 9m
Judge said to get the Estate lawyer in court to see if there's a waiver.
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ABC7 Court News ?@ABC7Courts 9m
Panish asked if Briggs has been subpoenaed by IRS. He said he's not aware.

Briggs: I understand the IRS is in discussions with the Estate.
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ABC7 Court News ?@ABC7Courts 10m
Bina: The problem is that we don't know the answer, we don't know that to be true.
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ABC7 Court News ?@ABC7Courts 11m
Perry Sanders: the other side could stipulate there's another valuation that says the Sony catalogue is almost 2 times the debt.
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ABC7 Court News ?@ABC7Courts 11m
Panish said the value ranges from a billion to 8 billion dollars. He knows the IRS has given much higher value, the attorney argued.
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ABC7 Court News ?@ABC7Courts 12m
Panish: He put a very low value on the catalogue and said it is less than MJ's debts, when the IRS valued it twice.
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Judge: It sounds like you have info not subject to privilege, with other companies that ordered the valuation.
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Briggs: IRS review about valuation is very commonplace, specially in large estates.
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Panish: You don't consider IRS putting into question your work a major problem?
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Briggs: The work was performed after MJ's death, but the valuation is of date of death.
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Briggs has given valuation opinions in writing, which is easily accessible.
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Briggs said it's all in connection with the evaluation of Sony ATV catalogue. The expert said he gets rehired some times.
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Briggs said yes, for Goldman Sachs; Sony ATV, not corporate; Fortress Capital; Estate of MJ; Law firm in 2007.
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Panish asked if Briggs has done extensive work regarding the value of Sony ATV catalogue.
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Judge: I don't understand him claiming privilege as to what the IRS says the value of the catalogue is.
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Boyle: According to the IRS, it's much higher than the debt.
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Boyle: He said that the value of the ATV catalogue was less than the debt. And that's not true. He knows it's not true.
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Bina: It doesn't matter whether MJ was in debt (for endorsement), but the negative perception he was in debt was sufficient.
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Bina: He cleared the engagement for work on this case, not the debt.

Judge: It sounds pretty suspicious to me.
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Panish: They want to show he was destitute and had not money.That's not true, he could've spent money for 30 years and still not be in debt.
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Bina: There's no conflict of interest. Besides that, Erk didn't consider the ATV catalogue value and debts.
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Judge: What kind of investigation is that?
Putnam: We don't know, we can't ask.
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Bina: The government and his company may have a different understanding as to the catalogue value.
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Bina: Ackerman has analyzed in great detail MJ's spending, debt. She said her understanding that conflict of interest has been waived.
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Bina: Briggs said he believes debt aspect would make MJ not appealable to endorsements.
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Panish: His credibility is seriously at issue here, there's no privilege whatsoever.
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Panish: There's no privilege regarding the value of ATV catalogue being double the amount of MJ's debts.
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Panish: He never had permission, never had waiver. I believe the true facts will show he didn't contact Ms. Cohen until after his deposition
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Panish: The IRS has called into question what this witness is trying to say. The Estate never gave witness waiver to testify in this case.
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Judge: It seems like he doesn't recall, or doesn't want to recall, the testimony.
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Outside the presence of the jury, attorneys and judge discussed about what Briggs recalls regarding Gongaware's testimony.
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Panish: Mr. Gongaware had no concern that Mr. Jackson could do 50 shows, correct?
Briggs: With the information he had, it appeared that way
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"The "Q" score was not relevant to ticket sales" Briggs said. Panish asked how the ticket sales went in London. Briggs responded "very well"
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ABC7 Court News ?@ABC7Courts 26m
Panish: All you have is 1800 people surveyed across the United States?
Briggs: That's correct
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ABC7 Court News ?@ABC7Courts 30m
Briggs said the "Q" scores measure people in the US. Panish asked if it were measured around the world. Briggs said there wasn't available.
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ABC7 Court News ?@ABC7Courts 31m
Panish asked how many people "Q" score company surveys. Briggs said he thinks they measure about 1800 people. Panish said it's 1400.
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ABC7 Court News ?@ABC7Courts 32m
"I would describe it (Thriller 25) as successful re-release," Briggs said.
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ABC7 Court News ?@ABC7Courts 32m
Panish asked about album "Thriller 25" released in 2006 or 2007. Briggs said he concentrated on MJ's brand new albums in his chart.
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Panish inquired if Taj Jackson also testified about MJ wanting to do movies. Briggs answered yes.

 

[Bubs]

Re: Jacksons vs AEG - Day 60 - July 31 2013 - News Only (no discussion)

Michael Jackson trial: Future-earnings debate continues
Wednesday, July 31, 2013
Miriam Hernandez

LOS ANGELES (KABC) -- During the Michael Jackson wrongful death trial Wednesday, new accusations flew about Jackson's potential earnings if he had lived.

The testimony of AEG defense witness Eric Briggs shoots down the projections presented by the Jackson attorneys. During arguments outside the presence of the jury, Jackson lawyer Brian Panish shouted, "He is lying. He is lying."

Panish has been chipping away at Briggs' credibility.

"Where is the research?" Panish asked in front of the jury, demanding to see how the $800-an-hour consultant formed his theories.

A court order was issued to compel Briggs to produce his research materials. During the lunch hour, Briggs' firm said there were no additional documents. The numbers are a component of what jurors could award the Jacksons, but only if they find AEG liable for hiring Jackson's doctor, Conrad Murray, and failing to monitor him.

Briggs had earlier stated that the Jackson estimates of hundreds of sellout concerts were speculative and that sponsors shied from Jackson because of reports of scandal and drug-use. Briggs showed a graph demonstrating other acts grossed far more than Jackson, and that he was not the biggest star in the world.

Panish showed different math. He said Jackson's potential gross for 186 concerts is $1.1 billion. Panish also probed Briggs about the value of Jackson's biggest holding, the Sony catalog of songs.

Questioning revealed that Briggs also worked for the Jackson estate evaluating the catalog's worth. Panish said that shows a conflict of interest, asserting that Briggs' testimony is tainted.

Michael Laperruque, the former head of Jackson's security team, will take the stand Thursday.

Meantime, attorneys are still clashing. Transcripts obtained by Eyewitness News record complaints made to the judge outside the presence of the jury.

Panish took aim at a defense attorney: "Your honor, Ms. Strong keeps looking over at me making faces, making noises, trying to disrupt me."

Panish threatened to take matters in his own hands.

The judge: "I didn't hear anything."

It goes on with plaintiffs' attorney Kevin Boyle saying: "It's like a little squeakfest of grunt and laughing, and the jury will see them."

The judge instructs Strong: "Don't look in his direction. No grunt or groaning or anything."
http://abclocal.go.com/kabc/story?section=news/entertainment&id=9191572

 

[ivy]

Jacksons vs AEG - Day 61 - August 1 2013 - News Only (no discussion)

Jacksons vs AEG - Day 61 - August 1 2013 - News Only (no discussion)

Use this thread to post any and all news stories from day 61 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