Jacksons vs AEG - Day 65 - August 8 2013 - News Only (no discussion)
Use this thread to post any and all news stories from day 65 of Katherine Jackson vs. AEG trial.
Daily news threads are merged into the main News thread in the stickies
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ABC7 Court News ‏@ABC7Courts 14m
Ortega: He said don't leave me, I'm gonna take the reins, you'll see I'm going to change this. He seemed absolutely committed at that point.
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ABC7 Court News ‏@ABC7Courts 15m
Putnam: MJ assured you that he was fine? Ortega: I didn't feel assured
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ABC7 Court News ‏@ABC7Courts 15m
Dr. Murray told Ortega to quit being an amateur doctor and that MJ was physically fit to show, the director recalled.
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ABC7 Court News ‏@ABC7Courts 15m
At the meeting, Dr. Murray told Ortega to stay out of it and to leave MJ's health for him to take care.
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ABC7 Court News ‏@ABC7Courts 16m
Ortega said he thought it was a responsible way to deal with it, and pretty immediate after the fact.
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ABC7 Court News ‏@ABC7Courts 16m
There was a meeting scheduled next day to address MJ's problems on June 19.
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ABC7 Court News ‏@ABC7Courts 16m
Ortega sent an email after seeing MJ that way because he thought Phillips and Gongaware should know about it.
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ABC7 Court News ‏@ABC7Courts 16m
Putnam: You have never seen Mr. Jackson like that before? Ortega: No.
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ABC7 Court News ‏@ABC7Courts 16m
Putnam: It never crossed your mind it could be drug related? Ortega: No, I was thinking it was something else.
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ABC7 Court News ‏@ABC7Courts 16m
Ortega: It didn't appear to me it was drugs, it appeared to me it was something else, emotional.
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ABC7 Court News ‏@ABC7Courts 17m
"I felt somewhat calm when we left," Ortega said. But he said he was still concerned, thus the email he sent to AEG high ups.
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ABC7 Court News ‏@ABC7Courts 17m
Putnam: He was coherent? Ortega: Yes P: Warmed up? O: A bit P: More engaged? O: Yes P: Calm? O: Yes
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ABC7 Court News ‏@ABC7Courts 17m
Putnam asked if throughout the night on June 19th, if MJ got better. Ortega said yes.
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ABC7 Court News ‏@ABC7Courts 18m
"I supposed I might have suggested it could look that way," Ortega said. "It would've been a really, really bad flu."
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ABC7 Court News ‏@ABC7Courts 18m
Putnam asked if Ortega testified before he thought MJ had a really bad case of flu.
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ABC7 Court News ‏@ABC7Courts 18m
Putnam asked about June 19, 2009. "I'll always remember June 19," Ortega said.
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ABC7 Court News ‏@ABC7Courts 18m
Ortega: I think they were trying to create a schedule to factor in all of Michael's needs (like family) and still could come to rehearsal.
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ABC7 Court News ‏@ABC7Courts 19m
Ortega: In this stage of the game, Mr. Phillips took on overseeing position to make sure the schedule was responsible for Michael.
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ABC7 Court News ‏@ABC7Courts 19m
"I looked at Mr. Phillips as the promoter, Michael's promoter and producing partner," Ortega testified.
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ABC7 Court News ‏@ABC7Courts 19m
Ortega said he never spoke with Timm Wooley about scheduling.
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ABC7 Court News ‏@ABC7Courts 19m
He explained he didn't think Phillips was involved as much in MJ's scheduling, but was overseeing it.
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ABC7 Court News ‏@ABC7Courts 20m
Ortega said he learned from Randy Phillips that Dr. Murray was responsible to get MJ to rehearsals on June 15, 2009.
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ABC7 Court News ‏@ABC7Courts 20m
Ortega: But at the end, I believe they thought Michael had what he wanted.
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ABC7 Court News ‏@ABC7Courts 20m
Ortega: I think we were getting in a place were we had a ceiling, because we were already with a fat budget.
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ABC7 Court News ‏@ABC7Courts 20m
He said there were professional discussions like 'is this something you really feel it's going to benefit,' 'do you really need this.'
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ABC7 Court News ‏@ABC7Courts 21m
Ortega said he would ask Gongaware for more and more things to create the show. Gongaware never denied anything.
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ABC7 Court News ‏@ABC7Courts 21m
Ortega: Everything we brought to AEG, in terms of enormous creative needs, that AEG was very supportive in doing all they could.
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ABC7 Court News ‏@ABC7Courts 22m
Putnam: Did you ever see AEG pressure Michael in any way? Ortega: No Putnam: Did you feel AEG Live supported MJ? Ortega: Yes
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ABC7 Court News ‏@ABC7Courts 22m
Ortega: I thought of MJ as my partner, I didn't think of him as my boss. But MJ always had the final creative say in all the years we worked
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ABC7 Court News ‏@ABC7Courts 24m
Putnam: Who did you consider your boss? Ortega: Michael.
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ABC7 Court News ‏@ABC7Courts 24m
"A lot meaning 3-4 times a week," Ortega clarified. He said things changed as they were moving to the Forum, which was end of May.
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ABC7 Court News ‏@ABC7Courts 25m
Ortega said February, March and April MJ was very involved in the creation of the show, would show up a lot.
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ABC7 Court News ‏@ABC7Courts 25m
"At the end of the day, creatively, we trusted Michael knew what we needed," Ortega said.
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ABC7 Court News ‏@ABC7Courts 26m
Putnam: Why? Ortega: Because he was brilliant and he knew what he was doing.
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ABC7 Court News ‏@ABC7Courts 26m
"Final say would be Michael," Ortega said. "Michael had final creative say."
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ABC7 Court News ‏@ABC7Courts 27m
"He would just make it happen," Ortega said. He could not recall Gongaware denying anything.
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ABC7 Court News ‏@ABC7Courts 27m
"I'd go and say 'this is what we'd like,'" Ortega said. Putnam: Did he ever tell you you couldn't get something? Ortega: No.
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ABC7 Court News ‏@ABC7Courts 28m
"We talked about these things together and I'd go with Michael's blessing to Paul to begin the process," Ortega explained.
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ABC7 Court News ‏@ABC7Courts 28m
"Because the creative person was Michael, and myself," Ortega explained.
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ABC7 Court News ‏@ABC7Courts 29m
Ortega did not discuss with Gongaware anything related to creative matters.
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ABC7 Court News ‏@ABC7Courts 29m
Ortega would discuss with Michael about hiring someone and the director would go to Gongaware to get the contract drawn and the person hired
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ABC7 Court News ‏@ABC7Courts 29m
Ortega explained he dealt with Gongaware regarding technical things, like moving dates to new rehearsal venue, delivery of stage parts, etc.
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ABC7 Court News ‏@ABC7Courts 30m
Ortega said he reported to Michael Jackson for the creative side of the tour and regarding budget/financial matters he reported to Gongaware
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ABC7 Court News ‏@ABC7Courts 31m
Ortega said AEG Live and MJ were co-producers of the show.
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ABC7 Court News ‏@ABC7Courts 31m
Regardless of who contacted him first, Ortega said he was hired because Michael Jackson wanted him.
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ABC7 Court News ‏@ABC7Courts 32m
Ortega testified he never really fully understand Dr. Tohme's role related to MJ. He thought was a friend.
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ABC7 Court News ‏@ABC7Courts 32m
Ortega said he didn't really know who Dr. Tohme was, have never met the guy at that point. Tohme said he called on behalf of MJ.
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ABC7 Court News ‏@ABC7Courts 32m
Putnam: Do you remember as you sit here today who first contacted you? Ortega: I'm not really certain.
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ABC7 Court News ‏@ABC7Courts 32m
In Dr. Murray's criminal trial, Ortega said it was Paul Gongaware.
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ABC7 Court News ‏@ABC7Courts 33m
In a deposition related to Lloyds of London litigation, Ortega also said Dr. Tohme first reached out to him regarding TII.
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ABC7 Court News ‏@ABC7Courts 34m
Putnam showed Ortega's deposition transcript. "In deposition, I remember it to be Dr. Tohme," Ortega said.
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ABC7 Court News ‏@ABC7Courts 34m
Ortega said he doesn't remember who he said reached out to him first regarding the tour in his deposition.
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ABC7 Court News ‏@ABC7Courts 35m
Putnam: Is it fair to say you were the "TII" director because of MJ? Ortega: Yes.
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ABC7 Court News ‏@ABC7Courts 36m
"He told me he only wanted me," Ortega said about Michael Jackson's wished that he be the director.
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ABC7 Court News ‏@ABC7Courts 36m
"People were calling it a tour but it was more like an event," Ortega explained.
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ABC7 Court News ‏@ABC7Courts 37m
Putnam: Did you consider it a tour? Ortega: We called it tour, term used in the industry, but we weren't really touring, it was 1 venue.
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ABC7 Court News ‏@ABC7Courts 41m
Ortega went thru all the pages of his contract and said: "I do not see that anywhere."
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ABC7 Court News ‏@ABC7Courts 51m
Putnam read Murray's contract were it says the contract is not valid unless MJ consented to it and asked if Ortega has that in his contract.
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ABC7 Court News ‏@ABC7Courts 52m
Ortega: That's what I understand it's in my contract Ortega's contract does not have a signature line for Michael Jackson.
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ABC7 Court News ‏@ABC7Courts 52m
Putnam: If tour was successful, you already have in your agreement what you'd be paid in bonus, correct?
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ABC7 Court News ‏@ABC7Courts 54m
"The shows were not booked or guaranteed," Ortega said. "That's what I think Michael hoped to do, but wasn't booked."
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ABC7 Court News ‏@ABC7Courts 54m
In Ortega's contract, there is a provision for bonus in case "This Is It" tour went around the world.
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ABC7 Court News ‏@ABC7Courts 54m
"I can recall specifically, but I'm sure in my 40-something years in this business that has occurred," Ortega testified.
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ABC7 Court News ‏@ABC7Courts 54m
"It's sort of common in the industry," Ortega said. Putnam: If you don't reach an agreement, you could work and not get paid? Ortega: Yes
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ABC7 Court News ‏@ABC7Courts 55m
Ortega said he has put himself in the position of working prior to signing a contract. "It's what I call working in good faith."
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ABC7 Court News ‏@ABC7Courts 55m
Putnam: You were paid after the contract was executed, right? Ortega: That's what appears in this document.
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ABC7 Court News ‏@ABC7Courts 55m
Ortega looked at the document and said he was paid on May 11, 2009, which is after he signed his contract.
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ABC7 Court News ‏@ABC7Courts 55m
In his deposition, Ortega was shown documents to refresh his recollection. Putnam showed him the same documents.
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ABC7 Court News ‏@ABC7Courts 56m
Ortega's contract was executed on April 26, 2009. "I believe I was paid in advance of signing," Ortega said.
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ABC7 Court News ‏@ABC7Courts 56m
"I was only contracted, and we were only focused, on the London tour at this time," Ortega explained.
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ABC7 Court News ‏@ABC7Courts 56m
Putnam: Did you understand you were an employee of AEG Live? Ortega: No P: What were you employee of? O: K.O. Company
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ABC7 Court News ‏@ABC7Courts 56m
AEG Live had an agreement with K.O. Company for the services of Ortega.
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ABC7 Court News ‏@ABC7Courts 56m
Putnam showed Ortega a "Certificate of Employment -- Loan-Out," which Ortega said it's certificate that he works for The K.O. Company, Inc.
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ABC7 Court News ‏@ABC7Courts 56m
Ortega is under cross examination by AEG's attorney Marvin Putnam. Ortega had professional engagement overseas, not available until today.
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ABC7 Court News ‏@ABC7Courts 57m
Judge said they are bringing Kenny Ortega back on the stand out of order to finish his testimony.
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ABC7 Court News ‏@ABC7Courts 57m
Outside the presence of the jury, AEG attorney told judge he will be done 1st week of Sept or so. Panish said he has 4 rebuttal witnesses.
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ABC7 Court News ‏@ABC7Courts 58m
"It is what it is," judge said. She told jurors before they would get the case at the end of August.
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ABC7 Court News ‏@ABC7Courts 58m
Judge: My estimate has now changed. The case will probably be submitted to you at the end of September.
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ABC7 Court News ‏@ABC7Courts 58m
Jury entered the courtroom 10:10 am PT. Judge Yvette Palazuelos advised jurors she came up with new time estimate for the trial.
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ABC7 Court News ‏@ABC7Courts 58m
Katherine Jackson is in court wearing an ankle length black dress with a black and white polka dot jacket.
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ABC7 Court News ‏@ABC7Courts 1h
Hello from the courthouse in downtown LA. Day 65 of Jackson family vs AEG trial, Week 15, is underway. Session now in lunch break.