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

[ivy]

Re: Jacksons vs AEG - Day 11 - May 14 2013 - News Only (no discussion)

Anthony McCartney @mccartneyAP
Travis Payne said the teleprompter was "extra security" for Jackson and would inform of him of changes in show, words for speeches.

Anthony McCartney ?@mccartneyAP 24s
It was plaintiff's attorney Brian Panish who questioned whether Jackson could remember words to his songs.
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Anthony McCartney ?@mccartneyAP 45s
Payne didn't specify which songs Jackson wanted teleprompter for, but said MJ had never used one on tour before.
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Anthony McCartney ?@mccartneyAP 1m
The updated story includes Payne's testimony that Jackson wanted a teleprompter on "This Is It" stage: http://bit.ly/16bvqc8
View summary
Anthony McCartney ?@mccartneyAP 2m
Choreographer describes Michael Jackson's struggles in final days: http://bit.ly/16bvqc8 (Updated @AP story)
View summary
Anthony McCartney ?@mccartneyAP 10m
.@ElkeHassell It was stairway to basement dance studio, not stairs up to Jackson's bedroom. Payne says he never went upstairs.

 

[ivy]

Anthony McCartney ‏@mccartneyAP 39m
That's it for me for updates on Jackson vs AEG case for today. May jump back online later, after giving my fingers a rest.
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Anthony McCartney ‏@mccartneyAP 44m
On his way out of the courtoom, Payne thanked Judge Yvette Palazuelos and also stopped and briefly acknowledged Katherine Jackson.
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Anthony McCartney ‏@mccartneyAP 44m
Payne said he didn’t think anyone was over Jackson’s death with the film premiered in late 2009.
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Anthony McCartney ‏@mccartneyAP 44m
Panish says Katherine Jackson, her grandchildren didn’t go to “This Is It” premiere because they weren’t over Jackson’s death.
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Anthony McCartney ‏@mccartneyAP 44m
Plaintiff’s attorney Brian Panish then asked Payne whether Katherine Jackson and singer’s kids went to premiere. They didn't.
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Anthony McCartney ‏@mccartneyAP 44m
Stebbins Bina also showed another image of smiling Jermaine, Tito, Jackie and Marlon with Payne at “This Is It” premiere. #JacksonTrial
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Anthony McCartney ‏@mccartneyAP 45m
First photo is of Payne shaking Jermaine Jackson’s hand at the “This Is It” movie premiere.
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Anthony McCartney ‏@mccartneyAP 45m
She also showed Payne photos from the “This Is It” premiere. Photos were of the choreographer with Jackson’s brothers.
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Anthony McCartney ‏@mccartneyAP 45m
Payne replied that it was a “significant” number, but he couldn’t recall dates, precisely how many that Jackson attended.
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Anthony McCartney ‏@mccartneyAP 46m
On re-direct examination, AEG attorney Jessica Stebbins Bina asked Payne again about how many rehearsals Jackson attended.
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Anthony McCartney ‏@mccartneyAP 46m
For the next several moments, Payne blinked and dabbed both eyes with a tissue. It was first time he’d gotten emotional on stand.
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Anthony McCartney ‏@mccartneyAP 46m
Payne’s demeanor changed after Panish finished questioning him. He was holding back tears when AEG attorney started re-direct examination.
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Anthony McCartney ‏@mccartneyAP 46m
Panish: You could sense that something was wrong, you just didn't know what it was."
Payne responded "Yes."
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Anthony McCartney ‏@mccartneyAP 47m
Panish: "The pressure about the shows started to manifest itself physically in Michael Jackson."
"Yes," Payne replied.
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Anthony McCartney ‏@mccartneyAP 47m
Panish: Did you see that Michael Jackson appeared to be pressured to get everything done at the Staples last rehearsals?
"Yes," Payne said
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Anthony McCartney ‏@mccartneyAP 48m
Panish ended his direct examination of choreographer Travis Payne with three questions.
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Anthony McCartney ‏@mccartneyAP 49m
The choreographer also testified that by mid-June, just days before Jackson’s death, AEG was talking about pulling the plug on “This Is It.”
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Anthony McCartney ‏@mccartneyAP 49m
Payne says at one point, he told Kenny Ortega that Jackson appeared “assisted” _ meaning that he thought he was on drugs\meds.
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Anthony McCartney ‏@mccartneyAP 49m
One note about the backup dancers _ Michael Jackson chose them from a group of finalists.
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Anthony McCartney ‏@mccartneyAP 50m
Panish’s point appears to be that there was more scrutiny of Jackson’s backup dancers than Conrad Murray.
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Anthony McCartney ‏@mccartneyAP 50m
Payne also says he isn't aware how much interviewing or investigation into Murray that AEG did.
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Anthony McCartney ‏@mccartneyAP 51m
Panish then asked Payne whether he knew how many doctors AEG interviewed to work with Jackson on “This Is It.”
“No,” Payne says.
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Anthony McCartney ‏@mccartneyAP 51m
Payne says about 2,500 people showed up for a casting call. He taught them some dance moves, and the pool was further narrowed down.
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Anthony McCartney ‏@mccartneyAP 51m
Applicants submitted video clips and their submissions were used to cull down potential dancers from there.
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Anthony McCartney ‏@mccartneyAP 51m
Panish asked Payne about choosing Jackson’s dancers for “This Is It.” Payne says they were whittled down from 5,000 applicants.
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Anthony McCartney ‏@mccartneyAP 51m
There were several objections, and Payne was only allowed to answer “No” as to whether Paul Gongaware knew about Jackson’s sleep problems.
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Anthony McCartney ‏@mccartneyAP 52m
Payne also said he and Ortega knew that Jackson was having sleep problems. Attorney Brian Panish asks if AEG executives knew.
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Anthony McCartney ‏@mccartneyAP 52m
This was after their Payne and Murray's first meeting at Jackson’s rented mansion. They were briefly introduced to each other.
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Anthony McCartney ‏@mccartneyAP 52m
Payne testified that he told tour director Kenny Ortega that he didn't think Dr. Murray looked like an official doctor.
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Anthony McCartney ‏@mccartneyAP 53m
... (cont) on the schedule and notes he compiled and that his recollection might be wrong.
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Anthony McCartney ‏@mccartneyAP 53m
Travis Payne had testified yesterday that he and Jackson ran through certain songs on May 19th. He said today he was testifying based ...
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Anthony McCartney ‏@mccartneyAP 53m
Payne said he may have made a mistake about Jackson’s whereabouts, and he didn't know the pop singer’s personal schedule.
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Anthony McCartney ‏@mccartneyAP 54m
Payne also conceded that Jackson was a no-show for a June 22, 2009 rehearsal.
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Anthony McCartney ‏@mccartneyAP 54m
Plaintiff’s attorney Brian Panish after lunch break got Travis Payne to concede Jackson wasn't present for a May 19, 2009 rehearsal.
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Anthony McCartney ‏@mccartneyAP 55m
The following are from the afternoon session in Jackson vs AEG trial. Major points are covered in today's story: http://bit.ly/16bvqc8

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

Last AP update

JACKSON DESCRIBED AS 'LOOPY' AFTER DOCTOR VISITS
By ANTHONY McCARTNEY
— May. 14 8:20 PM EDT
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FILE - In this March 5, 2009 file photo, Michael Jackson announces several concerts at the London O2 Arena in July, at a press conference at the London O2 Arena. Stacy Walker, a choreographer who worked with Jackson in his ill-fated “This Is It” shows, told a civil jury in a Los Angeles courtroom on Monday May 13, 2013, that she did not see any signs that the singer was ill or might die in his final days and weeks. Walker is AEG’s first defense witness in a civil case filed by Jackson’s mother, Katherine Jackson, who claims the concert giant failed to properly investigate or supervise the doctor convicted in 2011 of causing the singer’s death. (AP Photo/Joel Ryan, file)


FILE - In this June 23, 2009 handout photo provided by AEG, pop star Michael Jackson rehearses at the Staples Center in Los Angeles. Stacy Walker, a choreographer who worked with Jackson in his ill-fated “This Is It” shows, told a civil jury in a Los Angeles courtroom on Monday May 13, 2013, that she did not see any signs that the singer was ill or might die in his final days and weeks. Walker is AEG’s first defense witness in a civil case filed by Jackson’s mother, Katherine Jackson, who claims the concert giant failed to properly investigate or supervise the doctor convicted in 2011 of causing the singer’s death. (AP Photo/ Kevin Mazur, AEG/Getty Images, file) ** MANDATORY CREDIT. NO SALES, ARCHIVE OUT **
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LOS ANGELES (AP) — Michael Jackson appeared "a little loopy" after visits with his longtime dermatologist and was considering using a teleprompter to help him perform some of his songs during his ill-fated comeback concerts, a choreographer who worked one-on-one with the pop superstar told a jury Tuesday.

Travis Payne said he expressed concerns to the director of the "This Is It" shows that Jackson might be misusing prescription medications and was exhibiting troubling signs of insomnia, weight loss and paranoia in his final days.

Some of the behavior occurred after Jackson's visits with dermatologist Dr. Arnold Klein, who Payne believed was performing cosmetic treatments on the singer so he would be comfortable performing onstage again.

"Sometimes in rehearsal, Michael would appear just a little loopy," Payne said, adding that the singer appeared to be "assisted or under the influence of something."

Jackson's condition and missed rehearsals led to talk within the last 10 days of Jackson's life that AEG Live LLC, which was promoting "This Is It," might cancel the concert series.

Payne was working for AEG and said he relayed his concerns about Jackson's possible prescription drug use to tour director Kenny Ortega. Jackson was struggling to get into shape for the shows, and Payne said his voice coach suggested using a voice track for fast-paced songs until the singer's stamina improved.

He said Jackson wanted to use a teleprompter during the shows as "extra security," but it was an aid the performer had not used in his two previous tours.

The choreographer testified for AEG, which is being sued by Jackson's mother. Katherine Jackson claims AEG failed to properly investigate Conrad Murray, the doctor who was convicted of involuntary manslaughter for Jackson's death, and that the concert promoter also missed or ignored signs of Jackson's poor health.

AEG denies it hired Murray and claims Jackson was private about medical treatments and hid the depths of his prescription drug addiction. Jackson died from an overdose of the anesthetic propofol, which Murray was giving him as a sleep aid.

The company also did not hire the dermatologist, Klein.

Klein is listed as a potential witness in the case, but it's unknown whether he will testify. His treatment of Jackson, which included Demerol shots, has been scrutinized both during Murray's 2011 criminal trial and the current civil case.

Under cross examination, Payne acknowledged that some of Jackson's behavior, including grogginess, lethargy, insomnia and occasional paranoia, were possible symptoms of prescription drug abuse. He also said that despite testifying earlier that he worked with Jackson one-on-one five days a week, he couldn't recall how many rehearsals the singer actually attended.

Payne's testimony was similar to two plaintiff's witnesses, dancer Alif Sankey and makeup artist Karen Faye, who testified last week that Jackson was in poor health and paranoid in the weeks before his death and they alerted Ortega about it.

"You could sense that something was wrong, you just didn't know what it was?" plaintiff's attorney Brian Panish asked. Yes, Payne replied.

The choreographer had remained composed throughout most of his testimony, occasionally smiling and politely trying to answer questions. But after several hours of testy exchanges with Panish, his voice quivered and he dabbed his eyes with a tissue.

"I don't have a dog in this race," Payne said at one point. "I'm just trying to have a conversation with you and tell the truth."

 

[ivy]

Re: Jacksons vs AEG - Day 11 - May 14 2013 - News Only (no discussion)

ABC7 Court News @ABC7Courts
Judge Yvette Palazuelos has doctor appointment on Thursday morning. Jury returning in the afternoon, lawyers late morning to discuss motions

ABC7 Court News @ABC7Courts
With that Payne ended his testimony as was excused. Trial resumes only on Thursday afternoon. Court is dark tomorrow, a juror has a funeral

ABC7 Court News ?@ABC7Courts 1m
Payne believed the doctor needed to assure comfort of the star so they could have productive rehearsals.
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ABC7 Court News ?@ABC7Courts 1m
As to Gongaware's email, Payne said he took to understand that Mr. Jackson needed to have proper nourishment, care, masseuse.
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Payne's understanding was that Dr. Murray was to provide what the artist needed, as far as nourishment, rest.
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Payne said he saw MJ cold once at his house, MJ asked him to feel his hands, another at Staples -- MJ was wrapped in a blanket, w/ heaters
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In re-cross, Panish notes that none of MJ's brothers are part of this lawsuit.
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Payne says neither Katherine Jackson nor Michael's children were present at the premiere of "This Is It."
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Payne cried saying he had been through so much and the rough part was behind them. He was pleased to show the fans what the show was to be

ABC7 Court News ?@ABC7Courts 13s
Payne said Jermaine was at the premiere. Bina shows pic of Payne and Jermaine shaking hands; pic of Jermaine, Kenny, Tito, Jackie, Marlon
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"I had a concern we needed to create a show Michael would enjoy doing it," Payne explained.
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"Production felt he wasn't coming to rehearsals enough, and that was frustrating to some of the staff," Payne testified.
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Payne never discussed with MJ about his doctors or personal affairs. Payne and Faye were professionals with each other, but not friends.
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Payne said he thought Dr. Murray was there to care for his patient, making sure right nutritionist was there, to get him ready for the show.
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As to Gongaware email regarding what was expected of Dr. Murray, Payne said the inconsistencies with MJ missing rehearsals warrant a talk

ABC7 Court News ?@ABC7Courts 44s
Payne said MJ was present a significant amount of the days he was scheduled to work.
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ABC7 Court News ?@ABC7Courts 1m
Bina in re-direct asked: Do you think you could get him there?
Payne: Absolutely!

ABC7 Court News ?@ABC7Courts 37s
Payne cried when he said he never doubted MJ and that part of his responsibility was to help getting him there, ready for the tour.
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ABC7 Court News ?@ABC7Courts 59s
Payne said he had not seen MJ in the condition he saw him on June 19. Last two days were better.
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Payne said he could sense something was wrong, but didn't know what it was.
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Panish: Did you see that MJ was getting pressured to get everything done in the last days?
Payne: Yes

ABC7 Court News @ABC7Courts
Payne said MJ was not ready, it was not the MJ he knew. He died four days later. But he didn't see anything that alarmed him on June 23/24

ABC7 Court News ?@ABC7Courts 26s
Panish: Around June 20, was Ortega in the mindset that MJ was not ready for this?
Payne: Yes
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ABC7 Court News ?@ABC7Courts 41s
Payne knows of one incident, June 19 at the Forum, where MJ had to be wrapped around in a blanket and be in front of a heater.

ABC7 Court News ?@ABC7Courts 1m
Panish showed a picture of MJ on June 24 rehearsing Thriller. Payne said MJ improved but was not at his best yet.
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ABC7 Court News ?@ABC7Courts 1m
Payne went to MJ's house on June 20. He was cold and had to light the fireplace and rub his hand and feet to warm himself up.
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Payne was aware that AEG was considering in mid June pulling the plug on the show. He said MJ looked exhausted and paranoid on Jun 19
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Email cont'd: "His voice sounds amazing right now, he just needs to bring it back up."
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Email cont'd: "Once he's healthy enough and has more strength I have full confidence he can sing the majority of the show live."
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Panish showed an email from the band leader. "MJ is not in shape enough yet to sing this stuff live and dance at the same time."
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Payne said most it the time, MJ was present at rehearsals. "It wasn't s big deal," he expressed.
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Payne remembers at the Culver Studios in Smooth Criminal there was a stunt and Misha was asked to jump thru glass plate.
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Some of the scenes in the documentary are with the body double, Payne testified.
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Payne said a body double was requested for MJ. Misha Gabriel was MJ's body double, but shorter than him.
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Payne agreed that it was very unusual for MJ to have TelePrompTer with the lyrics of his own songs. He never used it before.
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Michael asked for the TelePrompTer, he didn't want to make any mistake, 2 refresh his memory. Also to use for sequence of songs, Payne said
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Panish asked if MJ knew the lyrics of his songs. "I think he did, he knew most of them, but he wanted to have a TelePrompTer for safety"
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"He was losing weight, he was sore, working up his stamina. Lack of sleep and proper nourishment were starting to show," Payne explained.
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Payne learned what Demerol was after MJ died. He also remembers a mention of Demerol in the song "Morphine".
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Payne said that he thought MJ was under some type of sedative after the came back from Dr. Klein's office; he would have cosmetic work done
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Payne said some people were concerned about the goals not being met, including Randy Phillips and Paul Gongaware.
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Payne felt that the reason MJ was groggy was because he was getting some sort of sleeping medication. "He just seemed assisted"
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"He was not in great physical shape and was sore," Payne said.
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Payne was aware that MJ was losing weight during rehearsals and he had not seeing him lose weight like that before.
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Payne saw MJ tired and fatigued. He agreed that those symptoms could be signs of drug addiction.
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"In the moment I had no inkling of what was revealed after Mr. Jackson passed," Payne said.
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Payne said they received 5,000 applications for dancers, about 2,000 showed up 4 the audition. He didn't know how many doctors AEG screened
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Payne knew MJ had sleeping problems and that Dr. Murray was treating him for that. Ortega also knew; Payne thought Gongaware was aware too
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Payne said he felt that Dr. Murray didn't look like a doctor to him and didn't feel he was an official doctor who should be working for MJ
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Second time Payne saw Dr. Murray was the night before MJ died at Staples Center. "I wanted Michael to go home and go to sleep" Payne recalls
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Panish showed Payne's written contract. It is between Payne and AEG, beginning April 1, 2009. The contract said only AEG could cancel it.

ABC7 Court News ?@ABC7Courts 58s
Payne started working without a signed contract. This was the first time he was hired by a company other than MJJ. He was being paid by AEG.
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ABC7 Court News ?@ABC7Courts 1m
"Prior to June, I notice Mr. Jackson was thinner than I recognized him," Payne said, noting he never saw sudden weight change in MJ.

ABC7 Court News ?@ABC7Courts 1m
Payne said MJ had hard time picking up some of the material. Email from Ortega to Gongaware: "He has been slow at grabbing hold of the work"
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ABC7 Court News ?@ABC7Courts 3m
Payne said there was always something for MJ to do. "He needed to come to rehearsal, it was part of the job."
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"We're human, sometimes we make mistakes," Payne explained, saying he's not disputing that MJ was or wasn't there on those dates.
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Panish then said on Jun 22 MJ wasn't there either, "wasn't he?"
Payne said he didn't know. Panish said MJ was at another doctor's office
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Payne said that on May 19, MJ was having a cyst removed at Dr. Klein's office, so he could not have been rehearsing with Payne.

ABC7 Court News ?@ABC7Courts 42s
Panish: Sir, MJ was not with you May 19, 2009, was he?
Payne: No
Panish: He was at the doctor
Payne: If you're saying, I'm not disputing

ABC7 Court News ?@ABC7Courts 1m
Panish confronted Payne saying that yesterday he said he was with MJ at a dance studio on May 19, that they were up on their feet, danced.
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Panish asked Payne if defendants' attorney approached him during lunch to show him some documents. He said yes, saw parts of his depo.
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Payne got frustrated with Plaintiffs attorney: "I don't have a dog in this fight," he said, adding that he felt Panish was being aggressive
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Payne said he wasn't privy to details of what was expected of Dr. Murray. AEG was producer/promoter, but MJ was the star, had to be happy
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Panish shows a picture of Payne at the red carpet premiere of "TII" documentary. He agreed he was happy about the premiere.
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Panish: Were you upset when MJ died?
Payne: Yes
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"I do not remember receiving text message from Karen Faye asking why I was lying to the media," Payne explained.
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Panish asked if Payne remembers receiving a text message from Karen Faye asking him why he was lying to the media after MJ died.
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Payne said this was the first time MJ was not the sole producer of the show.
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"This was the first time MJ was working with AEG," Payne testified, saying he had always been hired by MJJ production before.
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Payne said he wanted MJ to have a physical therapist, nutritionist, massage, have his family around. He said this was a different scenario
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Payne was hired and paid by AEG. His contract was with AEG.

Panish: Who could fire you. AEG?
Payne: I'm sure
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Faye was concerned and frustrated how Michael looked. She went to Payne kind of in an aggressive way. Payne told her to report to Ortega.
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Payne said Faye and MJ had a long term working relationship. They spent a lot of personal time together.
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Karen Faye is a make up artist. She designed the make up, was always there when Michael was there, Payne testified.
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As to MJ's relationship with Katherine, Payne said there's no secret MJ loved his mother very much. It is kind of common knowledge
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Payne said he was not aware of the email. He said MJ looked thin, but not skeletal. He doesn't know if Paul/Randy took any the footage out
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Email from Randy to Paul: "Make sure you take out the shots of MJ in that red jacket... He looks way too thin and skeletal."
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Payne always carries a video camera with him and shot videos of rehearsal. AEG took the footage that Payne shot and never returned to him.
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Payne said he would be proud if MJ was his father and agreed the children suffered a tremendous loss.
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Blanket was the most quiet of the 3, Payne said, but was always very close by, in the rehearsal room. Michael guided and mentored him.
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Payne said Paris was the most vocal of the children, always concerned about things in the house, asked what they wanted 2 eat, handled a lot
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Panish: Was Paris a Daddy's girl?
Payne: Yes, I believe so
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Paris was coming to find out MJ's global success, Payne said, adding that she would bless the food they ate.
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Payne said Paris seemed beyond her age, she was the female of the house, had lots of responsibilities, loved it, protective of the family.
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As to Paris Jackson, Payne said be saw a very protective young lady, smart, astute, with knowledge of the production, very hands on.
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Prince wanted to be a director, Michael would point out things to him during rehearsal should that be his career, Payne remembered.
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Payne thought the relationship between MJ and Prince was awesome, Michael was a proud father, great to see how they interacted.
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"When we rehearsed, we had meals togethers," Payne recalled, talking about MJ and all three children.
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Payne's impression was that MJ loved being a father. He said he saw the beauty of their relationships, loyalty one another.
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Payne purchased copy of his deposition and watched it prior to coming to testify. He talked to Stacy Walker yest but not about her testimony
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Attorney Brian Panish cross examined Payne. He asked if MJ ever performed the entire show from beginning to end. Payne said no.
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Payne said they picked the best of the rehearsal to include in the documentary. He wanted to reshoot some scenes but was not allowed.
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Payne said the idea was to show the rehearsals and how things came together. The footage himself wasn't altered, but there was editing
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Bina played clip of "This Is It" from Jun 4 showing the green screen and making of "Drill" and Michael talking about the cool moves, dancing
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Payne didn't deem MJ being loopy as a problem with drug addiction. He said that from what he observed he was not concerned at all.
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Payne said that his understanding was that Michael was undergoing cosmetic procedures so he could feel great and do a good job.
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Payne mentioned one day in particular at a meeting with Andre Crouch and singers, MJ seemed a little out of it.
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Payne also said he appeared groggy in the morning sometimes, which he attributed to lack of sleep.
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He recalled Michael being under the influence of something; said it happened mostly when MJ would come to rehearsals after seeing Dr. Klein
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Payne said he never saw MJ drink alcohol or take medication. "Sometimes, in rehearsal, Michael would appear just a little loopy," though
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" I remember him (Kenny Ortega) collapsing in his seat and crying," Payne testified.
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Payne said Ortega got a series of calls. He remembers Kenny say 'tell me something that will make me know it's you and that this is true'
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"We were optimistic of his arrival," Payne said explaining they were expecting MJ to rehearse at the Staples Center.
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ABC7 Court News ?@ABC7Courts 44m
Payne heard news on the radio, called Staples Center spoke to Stacy Walker, she said they were rehearsing. He was told to go to Staples
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ABC7 Court News ?@ABC7Courts 46m
Payne described the day MJ died: He was headed to rehearsal at MJ's home, got a call from his mother who said she saw reports on the news
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ABC7 Court News ?@ABC7Courts 47m
"I thought he was in his way to the goals he set himself," Payne told the jury. He didn't have any question that MJ would be able to perform
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ABC7 Court News ?@ABC7Courts 49m
Payne said the performance would float, some days were good, some days were not good. The last two days were good.
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ABC7 Court News ?@ABC7Courts 49m
"He was having his process, I didn't expect him to be like he would in front of a crowd," Payne explained.
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ABC7 Court News ?@ABC7Courts 50m
On June 23/24, as to how MJ performed, Payne though it was in process, not at show standards, but MJ was rehearsing.
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ABC7 Court News ?@ABC7Courts 51m
On June 19, Payne said he believed he was looking at someone who had blankets and heater. No one else was cold. He had flu-like symptoms.
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ABC7 Court News ?@ABC7Courts 52m
Payne was coming up from the basement to the middle floor. Studio was at the basement. Payne said he never went 2 the top floor of the house
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ABC7 Court News ?@ABC7Courts 3h
Payne said he met Dr. Murray at the Carolwood house. "I was going up the steps, Dr. Murray going downstairs, Michael introduced us."
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ABC7 Court News ?@ABC7Courts 3h
Payne explained he didn't have much of reason to question Dr. Murray since he thought that a doctor selected to work with MJ was top notch.
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ABC7 Court News ?@ABC7Courts 5h
Payne said his understanding was that AEG was paying Dr. Murray's salary not Michael. The doctor was there 2 oversee many things, Payne said
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ABC7 Court News ?@ABC7Courts 5h
Gongaware email: "We want him to understand what is expected of him. He has been dodging Frank so far."
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ABC7 Court News ?@ABC7Courts 5h
Gongaware email: "... a face-to-face meeting w/ the doctor... We want to remind him that it's AEG not MJ who's paying his salary"
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ABC7 Court News ?@ABC7Courts 5h
Another part of the same email chain, from Gongaware: "Frank and I have discussed it already and have requested...
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ABC7 Court News ?@ABC7Courts 5h
Email continues: "Please don't underestimate the need to stay on top of this."

 

[ivy]

Jackson too incoherent to take the stage, choreographer says

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Michael Jackson rehearses in 2009 at Staples Center for his ill-fated This Is It shows. (Kevin Mazur / Associated Press / June 23, 2009)
By Corina Knoll
May 14, 2013, 6:59 p.m.
During preparations for his anticipated “This Is It” performances in London, Michael Jackson at times seemed “under the influence of something” during rehearsals and once couldn’t take the stage because he appeared incoherent, the pop singer’s choreographer testified Tuesday.

Travis Payne, who worked with Jackson on his Dangerous and HIStory world tours and was back aboard for the comeback concerts, said Jackson had trouble picking up some of the show’s choreography and requested a teleprompter to help him with lyrics — something the singer had never done before.

Payne said he was aware that Jackson had problems sleeping and chalked up the singer’s sometimes erratic behavior to sleep aids or sedatives from his dermatologist visits.

“You have to understand that one always says hindsight is 20/20,” he said. “In the moment I had no inkling of what, ultimately, what was revealed until Mr. Jackson’s passing.”

Payne also testified that Dr. Conrad Murray lacked a certain authenticity despite being tasked with providing Jackson with whatever he needed to rehearse for his upcoming comeback concert series.

“My understanding was that Dr. Murray was to provide whatever the artist needed as far as nourishment, the ability to rest well, so he could have productive rehearsals,” Payne said.

But something about Murray felt off, Payne said. “He didn’t feel like an official doctor,” he said.

Although Murray is serving jail time for involuntary manslaughter, his role in Jackson’s 2009 death has resurfaced in the wrongful death civil suit the music legend’s mother, Katherine, and three children brought against concert promoter AEG.

In the trial that began more than two weeks ago and is expected to last four months, the Jacksons accuse AEG of negligently hiring and controlling Murray, who administered the fatal dose of propofol to Jackson.

AEG attorneys were allowed to interrupt the plaintiff’s case to accommodate the traveling schedules of a couple of their witnesses, including Payne.

Some of Jackson’s rehearsals were rocky enough that the process frustrated many involved with the show, which AEG considered canceling in mid-June, Payne said. “It was, we’ve got to get this together or the plug may get pulled.”

Still, Payne said Jackson’s performances in the final days of his life were impressive, and it felt “like we were definitely on an upswing.”

“I never doubted Michael because he was the architect of this and he wanted to do it, so part of my responsibility was to help him get there,” Payne said, his voice racked with emotion.

The belief in Jackson’s legacy as a performer coupled with hesitation about his health has been a running theme of the trial. On Tuesday, an email from “This Is It” band director Michael Bearden to Ortega and Payne was shown to the jury.

“MJ is not in shape enough yet to sing this stuff live and dance at the same time," Bearden wrote June 16, 2009, a little more than a week before Jackson's death. "He can use the ballads to sing live and get his stamina back up, once he’s healthy enough and has more strength I have full confidence he can sing the majority of the show live.”

Dismissed as a witness after spending the entire day on the stand, Payne nodded to Katherine Jackson and her daughter Rebbie as he exited the courtroom. “God bless you,” he said.

Later, a group of Jackson fans clapped for the family’s attorneys as they walked down the hallway.

 

[qbee]

• Anthony McCartney&#8207;<s>@</s>mccartneyAP<small class="time">17h</small>
  Here's a short story on Travis Payne's testimony, in which he described MJ
  as "loopy" after visits to Dr. Klein: http://bit.ly/16bvqc8
  
  

Jackson described as 'loopy' after doctor visits




By ANTHONY McCARTNEY
&#8212; May. 14 8:20 PM EDT






LOS ANGELES (AP) &#8212; Michael Jackson appeared "a little loopy" after visits with his longtime dermatologist and was considering using a teleprompter to help him perform some of his songs during his ill-fated comeback concerts, a choreographer who worked one-on-one with the pop superstar told a jury Tuesday.

Travis Payne said he expressed concerns to the director of the "This Is It" shows that Jackson might be misusing prescription medications and was exhibiting troubling signs of insomnia, weight loss and paranoia in his final days.

Some of the behavior occurred after Jackson's visits with dermatologist Dr. Arnold Klein, who Payne believed was performing cosmetic treatments on the singer so he would be comfortable performing onstage again.

"Sometimes in rehearsal, Michael would appear just a little loopy," Payne said, adding that the singer appeared to be "assisted or under the influence of something."

Jackson's condition and missed rehearsals led to talk within the last 10 days of Jackson's life that AEG Live LLC, which was promoting "This Is It," might cancel the concert series.

Payne was working for AEG and said he relayed his concerns about Jackson's possible prescription drug use to tour director Kenny Ortega. Jackson was struggling to get into shape for the shows, and Payne said his voice coach suggested using a voice track for fast-paced songs until the singer's stamina improved.

He said Jackson wanted to use a teleprompter during the shows as "extra security," but it was an aid the performer had not used in his two previous tours.

The choreographer testified for AEG, which is being sued by Jackson's mother. Katherine Jackson claims AEG failed to properly investigate Conrad Murray, the doctor who was convicted of involuntary manslaughter for Jackson's death, and that the concert promoter also missed or ignored signs of Jackson's poor health.

AEG denies it hired Murray and claims Jackson was private about medical treatments and hid the depths of his prescription drug addiction. Jackson died from an overdose of the anesthetic propofol, which Murray was giving him as a sleep aid.

The company also did not hire the dermatologist, Klein.

Klein is listed as a potential witness in the case, but it's unknown whether he will testify. His treatment of Jackson, which included Demerol shots, has been scrutinized both during Murray's 2011 criminal trial and the current civil case.

Under cross examination, Payne acknowledged that some of Jackson's behavior, including grogginess, lethargy, insomnia and occasional paranoia, were possible symptoms of prescription drug abuse. He also said that despite testifying earlier that he worked with Jackson one-on-one five days a week, he couldn't recall how many rehearsals the singer actually attended.

Payne's testimony was similar to two plaintiff's witnesses, dancer Alif Sankey and makeup artist Karen Faye, who testified last week that Jackson was in poor health and paranoid in the weeks before his death and they alerted Ortega about it.

"You could sense that something was wrong, you just didn't know what it was?" plaintiff's attorney Brian Panish asked. Yes, Payne replied.

The choreographer had remained composed throughout most of his testimony, occasionally smiling and politely trying to answer questions. But after several hours of testy exchanges with Panish, his voice quivered and he dabbed his eyes with a tissue.

"I don't have a dog in this race," Payne said at one point. "I'm just trying to have a conversation with you and tell the truth."

 

[qbee]

Jacksons vs AEG - May 15 2013 - News Only (no discussion)

Jacksons vs AEG - May 15 2013 - News Only (no discussion)

Use this thread to post any and all news stories from day 12 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


NOTE: No proceedings in Jackson vs AEG case today. Testimony resumes Thursday afternoon.

 

[qbee]

Jacksons vs AEG - May 15 2013 - News Only (no discussion)

• Anthony McCartney ?@mccartneyAP2h
  Good thing Jackson vs AEG court isn't in session today - there's an emergency drill an the building is being cleared.
  
  
  ​
• Anthony McCartney ?@mccartneyAP3h
  Reminder: No proceedings in Jackson vs AEG case today. Testimony resumes Thursday afternoon. #JacksonTrial
  ​

 

[qbee]

Re:Jacksons vs AEG - May 15 2013 - News Only (no discussion)

Choreographer: AEG considered 'pulling the plug' on Michael Jackson's comeback

By Alan Duke, CNN
updated 7:59 AM EDT, Wed May 15, 2013

Travis Payne, shown in a 2011 photo, testified that Michael Jackson looked thin and had told him he was tired.

STORY HIGHLIGHTS

• NEW: Jackson was having trouble learning dances, choreographer Travis Payne says
• NEW: "It was 'We've got to get this together or the plug may be pulled,'" Payne says
• Payne testifies in the Jackson wrongful death trial
• Jackson was "on his way to the goals he had set for himself" before his death, Payne says

Los Angeles (CNN) -- AEG Live considered "pulling the plug" on Michael Jackson's comeback concerts 11 days before the pop icon died, the show's choreographer testified Tuesday.

Travis Payne, who worked closely with Michael Jackson in his final days, earlier testified that in Jackson's last rehearsals before his death, he was "not at show standards but he was rehearsing, he was processing."

Payne was called as a witness by AEG Live to counter Jackson witnesses who testified in the ongoing wrongful death trial that Michael Jackson was emaciated, paranoid and so ill they feared for his life as rehearsals continued until shortly before his death on June 25, 2009.
The trial, in which Jackson's mother and three children contend AEG Live is liable in his death, is in its third week in a Los Angeles courtroom. The lawsuit accuses the concert promoter of negligently hiring Dr. Conrad Murray, the physician who was convicted of involuntary manslaughter in Jackson's death.

The Jacksons contend AEG Live executives ignored warning signs, including Jackson's weight loss, because they did not want to delay the premiere of the "This Is It" concerts set for July 2009.


'Pulling the plug' on comeback
"It was 'We've got to get this together or the plug may be pulled,' " Payne testified under cross examination by a Jackson lawyer Tuesday.
Jackson was having trouble learning some of his dances in the final weeks, he said.

The jury saw an e-mail from show director Kenny Ortega saying Jackson had "been slow at grabbing hold of the work."

He also asked that a teleprompter be placed near the stage to help him remember song lyrics, something Jackson had never used before during a concert, he said.

An e-mail written by "This Is It" band director Michael Bearden to Ortega 11 days before Jackson's death was displayed in court.

"MJ is not in shape enough yet to sing this stuff live and dance at the same time," Bearden wrote. "He can use the ballads to sing live and get his stamina back up, Once he's healthy enough and have more strength I have full confidence he can sing the majority of the show live. His voice sounds amazing right now, he needs to build it back up. I still need all big dance numbers to be in the system so we can concentrate on choreography."

But Ortega sent Jackson home without performing at the next rehearsal three days later because he was ill.

"I don't have a dog in this race, so I don't want to be painted as a guy who's trying to mask anything," Payne said when Jackson lawyer Brian Panish suggested he was downplaying concerns about Jackson's health in the days before he died.

"Mr. Jackson just explained to me that he had trouble sleeping, that he was tired, and that satisfied me," Payne testified.

He told Jackson, "You're looking thin," and Jackson responded, "Well, I'm getting down to my fighting weight," according to Payne, who added, "I didn't have a reason to doubt him."

"Sometimes in rehearsal Michael would appear a little loopy, under the influence of something, but mostly when he would come to the rehearsals from the dermatologist," Payne testified. That happened two to four times in the weeks before his death, he said.

"Michael was undergoing personal cosmetic procedures, so he could feel great and do a good job," Payne said.

Medical records showed Jackson visited his Beverly Hills dermatologist nearly two dozen times in the two months before his death, receiving injections of the powerful painkiller Demerol.

"Sometimes he was tired and lethargic and had to be, not convinced, but supported throughout rehearsals," Payne said.

Payne, though, said Jackson's rehearsals the last two nights were "impressive" when he "was able to do chunks of the show."

"He was not at show standards, but he was rehearsing, he was processing," he said. "I didn't expect him to be as if he was in front of a crowd. The last two days were pretty good."

Was he ready to perform for an audience? Panish asked.

"I thought he was on his way to the goals he had set for himself," Payne answered. "All I saw was improvement and getting closer to the goals."

One of those goals was for Jackson to be able to sing all of his songs, while dancing, without the aid of pre-recorded tracks, Payne testified Monday. Jackson had relied on recorded vocal tracks in previous tours, but he didn't want to use them in London, he said.


Michael's kids: Enlightenedand loyal
Payne was often inside Jackson's home rehearsing with him during his final weeks. He got an intimate view of what he called "the beauty" of Jackson's relationship with his three children.

Payne saw "their loyalty to their father" and their father "enlightened them and taught them," he testified. "I was very proud to see Michael as such a loving father."

His description of the close relationship Paris, 15, and Prince, 16, had with their father four years ago could foreshadow the significance of the children's testimony later in the trial.

Paris, who was 11 at the time, was "a very retentive young lady who was very, very smart, very astute," Payne testified.

"She had full knowledge of the day-to-day operations, from the time of lunch and what it was going to be, she was hands on -- far beyond her age," he said. "She had a lot of responsibility, which I think she welcomed.

Payne said she was "the female of the house" and "a daddy's girl."

"She really loved her father," he said. "At that time, she was coming to find out his global successes and presence, so she would wear her Michael Jackson T-shirt, headband and bag," he said.

It was Paris who would bless the food when they were having lunch with their father at home, he said.

"She was always the most vocal of the three children and was very concerned about many of the details of the house, was the temperature correct, what do you want to eat," Payne testified. "She just handled a lot for her young age."

Jackson's relationship with son Prince, then 12, was "awesome," Payne said.

"It was great to see how they interacted," he said. "Prince wants to be a director, so Michael would share conversations with him about that process and point out things during our rehearsals."

Blanket, who was 7 his father died, liked to watch his father rehearsing his dances with Payne in the basement studio of their home, Payne said.

"He was quiet, but always right there with his dad," he said.


http://www.cnn.com/2013/05/14/showbiz/jackson-death-trial/index.html

 

[qbee]

Jacksons vs AEG - Day 12 - May 16 2013 - News Only (no discussion)

Jacksons vs AEG - Day 12 - May 16 2013 - News Only (no discussion)

Use this thread to post any and all news stories from day 12 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

 

[bouee]

Anthony McCartney &#8207;@mccartneyAP 55 min

... of its value unless Conrad Murray takes the stand. Otherwise the judge indicated his statement to police was hearsay and not admissible.
Ouvrir
Anthony McCartney Anthony McCartney &#8207;@mccartneyAP 55 min

Judge said Murray&#8217;s statement might be admissible if the former doctor testified in court. But she expressed a lot of skepticism ... (cont)
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Anthony McCartney Anthony McCartney &#8207;@mccartneyAP 56 min

Opening statements are not evidence -- anything shown in them later has to be introduced through witness testimony.
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Anthony McCartney Anthony McCartney &#8207;@mccartneyAP 56 min

Judge said she didn&#8217;t think the statement helps bring clarity to the case. &#8220;It just restates the basic problem,&#8221; the judge said.
Ouvrir
Anthony McCartney Anthony McCartney &#8207;@mccartneyAP 56 min

&#8220;It seems to me, it&#8217;s ambiguous&#8221; Judge Palazuelos said this morning of Murray&#8217;s statement and his relationship to AEG.
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Anthony McCartney Anthony McCartney &#8207;@mccartneyAP 56 min

... Superior Court Judge Yvette Palazuelos has tentatively ruled that the statement can&#8217;t be presented to jury as evidence.
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Anthony McCartney Anthony McCartney &#8207;@mccartneyAP 56 min

A portion of the statement in which Murray said he was employed by Jackson but paid by AEG was shown to jury in opening statements, but...
Ouvrir
Anthony McCartney Anthony McCartney &#8207;@mccartneyAP 56 min

There was also a brief oral argument regarding whether Conrad Murray&#8217;s police statement will be presented to jurors as evidence.
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Anthony McCartney Anthony McCartney &#8207;@mccartneyAP 57 min

(cont) ... pertinent to the Jackson vs AEG lawsuit to attorneys for both sides. Should take a week for him to do that.
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Anthony McCartney Anthony McCartney &#8207;@mccartneyAP 57 min

The Ohio attorney said Dileo&#8217;s email file is approximately 2 gigabytes. He says he&#8217;s going to go through emails and give any messages (cont)
Ouvrir
Anthony McCartney Anthony McCartney &#8207;@mccartneyAP 57 min

Today, Mrs. Dileo&#8217;s Ohio attorney said his client told him she didn&#8217;t want AEG&#8217;s lawyers to represent her anymore.
Ouvrir
Anthony McCartney Anthony McCartney &#8207;@mccartneyAP 57 min

AEG&#8217;s attorneys had represented Dileo&#8217;s widow in an Ohio court regarding the manager&#8217;s emails when Jackson&#8217;s attorneys subpoenaed them.
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Anthony McCartney Anthony McCartney &#8207;@mccartneyAP 58 min

Katherine Jackson&#8217;s lawyers have used a number of emails between AEG officials and those working on &#8220;This Is It.&#8221;
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Anthony McCartney Anthony McCartney &#8207;@mccartneyAP 58 min

An Ohio attorney has a file of Dileo&#8217;s emails and he told the court he&#8217;s going to review the emails and turn them over to attorneys.
Ouvrir
Anthony McCartney Anthony McCartney &#8207;@mccartneyAP 58 min

The Jackson court spent first 40 minutes dealing with Jackson manager Frank Dileo&#8217;s old emails. Jackson team wants to read them.
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Anthony McCartney Anthony McCartney &#8207;@mccartneyAP 58 min

There were just an hour of motions and discussion in the Jackson v AEG case. Jury returns in 90 mins for testimony to resume.
Ouvrir

 

[bouee]

Re: Jacksons vs AEG - Day 12 - May 16 2013 - News Only (no discussion)

ABC7 Court News ?@ABC7Courts 2 min

Afternoon session about to start with jurors back in the courtroom.
Ouvrir
ABC7 Court News ABC7 Court News ?@ABC7Courts 2 min

The statement is Dr. Murray saying he's employed by MJ but paid by AEG. Judge said the employment is one of the issues for the jury 2 decide
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ABC7 Court News ABC7 Court News ?@ABC7Courts 3 min

AEG attorneys were not able to convince judge that the statement would be useful for the jury. Judge said statement is ambiguous.
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ABC7 Court News ABC7 Court News ?@ABC7Courts 3 min

Judge then discussed her tentative ruling to not allow Dr. Murray's statement made to the police to be used. She said it's hearsay.
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ABC7 Court News ABC7 Court News ?@ABC7Courts 4 min

AEG said they also want copies of the emails and never objected to the material being produced.
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ABC7 Court News ABC7 Court News ?@ABC7Courts 4 min

If it's proven they didn't, it could be a problem for AEG's attorney. Everyone is on standby.
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ABC7 Court News ABC7 Court News ?@ABC7Courts 5 min

Jackson's attorneys want to make sure AEG turned over all the email conversations AEG had with everyone about MJ.
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ABC7 Court News ABC7 Court News ?@ABC7Courts 6 min

Regoli said he will give a status of the work completed to both counsels by next Tuesday. He also said AEG's attys don't rep Mrs. DiLeo.
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ABC7 Court News ABC7 Court News ?@ABC7Courts 7 min

Panish suggested to get a technical person agreeable to both sides to go over the computer with Regoli, who would be the gatekeeper
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ABC7 Court News ABC7 Court News ?@ABC7Courts 8 min

Regoli says the emails may contain personal things so he promised to go thru the emails and turn over all the emails related to this case
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ABC7 Court News ABC7 Court News ?@ABC7Courts 9 min

Regoli said he was told family gave the computer away after they got it back. Regoli thinks it went to her daughter's friend who needed it
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ABC7 Court News ABC7 Court News ?@ABC7Courts 10 min

Regoli said Mrs. DiLeo asked him to review the subpoena by Katherine Jackson's attorney, go thru the emails and produce anything relevant
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ABC7 Court News ABC7 Court News ?@ABC7Courts 11 min

Regoli told the court he saved the entire file, with all of the emails, the whole inbox from DiLeo's computer. It's about 2GB of material.
Ouvrir
ABC7 Court News ABC7 Court News ?@ABC7Courts 12 min

Regoli said said he did have DiLeo's computer and while going through his the emails for another purpose, he made a working copy of them.
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ABC7 Court News ABC7 Court News ?@ABC7Courts 19 min

Regoli says he sent the computer back to Mrs. DiLeo in September, at that time she terminated his representation.
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ABC7 Court News ABC7 Court News ?@ABC7Courts 23 min

Judge Palazuelos called David Regoli, the attorney representing Mrs. DiLeo. Regoli said he made a copy of DiLeo's emails.
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ABC7 Court News ABC7 Court News ?@ABC7Courts 25 min

Katherine Jackson's attorneys want to review the emails. They believe there may be discussions between DiLeo and AEG about MJ/his health
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ABC7 Court News ABC7 Court News ?@ABC7Courts 27 min

The hearing was regarding production of emails contained in Michael Jackson's former manager, Frank DiLeo, computer. DiLeo died in 2011.
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ABC7 Court News ABC7 Court News ?@ABC7Courts 28 min

Hello from the courthouse in downtown LA. Judge Yvette Palazuelos held a hearing this morning without the presence of the jurors.
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[ivy]

Attorney agrees to hand over emails from Jackson's manager

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CAPTIONS
1/18
By Corina Knoll
May 16, 2013, 1:15 p.m.
Emails written by Michael Jackson&#8217;s longtime manager will be turned over to the attorneys involved in an ongoing wrongful death case filed by the pop singer&#8217;s mother and his three children.

A Pennsylvania attorney for the widow of manager Frank DiLeo said Thursday that he would turn over emails that could be relevant to the case, which accuses entertainment behemoth AEG of responsibility for the pop singer&#8217;s death in 2009.

The attorney, David Regoli, who spoke via telephone in a downtown Los Angeles courtroom, said he had made a copy of DiLeo&#8217;s email inbox while he was doing work for the manager&#8217;s estate. DiLeo died in 2011.

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FULL COVERAGE: AEG wrongful death trial

Attorneys for Jackson&#8217;s mother and three children said they have a court order for those emails and believe they could include exchanges between DiLeo and AEG executives. Their wrongful death suit alleges that AEG hired and controlled Dr. Conrad Murray, who administered a fatal dose of the anesthetic propofol to the singer as he was preparing for a series of comeback concerts.

Regoli estimated that the digital file was about two gigabytes in size and he said he would make a log of the emails that would be pertinent to the trial. He is expected to give both the plaintiffs and the defense an update of his progress next week.

DiLeo, who died in 2011, was brought up last week in dramatic testimony given by Jackson&#8217;s hair and makeup artist.

PHOTOS: Michael Jackson | 1958-2009

Karen Faye said that during Jackson&#8217;s final days she tried to warn DiLeo about the singer&#8217;s health.

&#8220;Frank was saying pretty much, &#8216;I got it under control, don&#8217;t worry about it,&#8217; &#8221; Faye testified Friday.

&#8220;I said, &#8216;But he&#8217;s losing weight rapidly.&#8217; &#8230; I said, &#8216;Why don&#8217;t you ask [costume designer] Michael Bush to verify taking in his pants and how much weight he&#8217;s actually losing?&#8217; &#8221;

Faye said DiLeo went to speak to Bush and she overheard the manager say, &#8220;Get him a bucket of chicken.&#8221;

&#8220;It was such a cold response,&#8221; she said. &#8220;I mean, it broke my heart.&#8221;

Jackson died soon afterward. Murray is now serving jail time for involuntary manslaughter.

 

[ivy]

Re: Jacksons vs AEG - Day 12 - May 16 2013 - News Only (no discussion)

ABC7 Court News ?@ABC7Courts 4m
We're wrapping coverage for today. Hope to see everybody again tomorrow! See ya!
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ABC7 Court News ?@ABC7Courts 5m
Dr. Brown is Propofol expert from Harvard. Since he's coming from out of town, they are accommodating his schedule. Hollander resumes after
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ABC7 Court News ?@ABC7Courts 6m
That ended session for today, Day 12 of trial. Plaintiffs will take witness out of order tomorrow. They will call Dr. Emery Brown first.
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ABC7 Court News ?@ABC7Courts 7m
On April 30, 2009, Panish showed a document with $300,000 budgeted for management medical.
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ABC7 Court News ?@ABC7Courts 8m
Panish showed the jury the budget from 5/16/09 for 27 shows:
Management Medical --300,000; 450,000; 750,000
Total: $1.5MM to pay Dr. Murray
Expand
ABC7 Court News ?@ABC7Courts 10m
Hollander: I talked to Mr. Wooley about the inclusion of Dr. Murray in the budget. I talked to Mr. Trell as to the conditions he'd be paid
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ABC7 Court News ?@ABC7Courts 11m
Memo: MJ wishes to have permanent physician available on call thru pre-tour/operational period. There are 2 months at $150K newly budgeted
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ABC7 Court News ?@ABC7Courts 13m
Hollander said she did not know who negotiated the compensation for Dr. Murray. He was the only doctor budgeted for the tour.
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ABC7 Court News ?@ABC7Courts 14m
Panish: Do you know if AEG ever performed a background check on Dr. Murray?
Hollander: I'm not aware of anything in that regard
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ABC7 Court News ?@ABC7Courts 14m
Panish showed email from 5/18/09 from Hollander to Wooley: "Were in process of quickly putting together urgent re-forecast for Mr Anschutz"
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ABC7 Court News ?@ABC7Courts 17m
Panish: AEG advanced money to MJ, is that right?
Hollander: Yes, it was an advance, recoupable in some capacity
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ABC7 Court News ?@ABC7Courts 17m
Brian Panish shows Hollander a large binder with 80 documents she reviewed to refresh her recollection.
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ABC7 Court News ?@ABC7Courts 18m
Panish: For London there was more than 1 million dollars in the budget to pay Dr. Murray, right?
Hollander: I don't recall a figure of $1MM
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ABC7 Court News ?@ABC7Courts 19m
Hollander: There was $300,000 listed on the budget for Dr. Murray, yes. That budget was approved by Mr. Gongaware.
Expand
ABC7 Court News ?@ABC7Courts 19m
Hollander said that if all the terms of the contract were met and remained consistent, Dr. Murray would be paid retroactively from May 1, 09
Expand
ABC7 Court News ?@ABC7Courts 20m
Hollander said she used the term draft because the contract was not fully executed. Fully executed means all partied signed the contract.
Expand
ABC7 Court News ?@ABC7Courts 20m
"Timm Wooley advised me that Dr. Murray was being engaged at the request of the artist," Hollander testified, saying contract with AEG Live
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ABC7 Court News ?@ABC7Courts 21m
Panish: you don't know whether Dr. Murray was performing services for MJ?
Hollander: I don't know, I can't say for sure, not me, personally
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ABC7 Court News ?@ABC7Courts 22m
She agreed she saw Dr. Murray's contract, but says it was un-executed, since it was not signed by all parties.
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ABC7 Court News ?@ABC7Courts 22m
Hollander: "My understating was that Dr. Murray was part of the budget, is listed on the budget for the tour at the request of the artist."
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ABC7 Court News ?@ABC7Courts 23m
Hollander: "My role was to execute payments pursuing to executed contracts."
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ABC7 Court News ?@ABC7Courts 24m
"We had situations where contracts were signed later," Hollander said. "Due to abrupt end of the tour the contracts were being negotiated."
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ABC7 Court News ?@ABC7Courts 25m
Hollander said the company had a policy manual saying payment would be predicated upon the execution of the contract.
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ABC7 Court News ?@ABC7Courts 25m
Other budgeted costs: traveling for people involved, housing for some people involved and insurance.
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ABC7 Court News ?@ABC7Courts 26m
Hollander said budget was the costs expected to incur in the tour with
developing the shows, taking show on the road, getting gear to London
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ABC7 Court News ?@ABC7Courts 27m
Hollander said she didn't prepare the budgets for TII tour. Wooley did. She reported the budget primarily to Paul Gongaware
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ABC7 Court News ?@ABC7Courts 29m
Hollander was responsible for the financial/accounting for "This Is It" tour. She estimated she worked on about 20 tours --several concerts.
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ABC7 Court News ?@ABC7Courts 29m
"I'm responsible for making sure the books are maintained for the tours," Hollander described. The book is an electronic accounting system.
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ABC7 Court News ?@ABC7Courts 31m
Hollander said she was responsible for overseeing 'the books' (accounting term) for anything related to the project "This Is It."
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ABC7 Court News ?@ABC7Courts 31m
Hollander reviewed dozens of emails, exhibits and her deposition. She doesn't know how many emails she saw, but estimated between 20-40.
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ABC7 Court News ?@ABC7Courts 40m
Hollander says she reports directly to the CFO. She is in charge of financial report and accounting for the events produced by AEG Live
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ABC7 Court News ?@ABC7Courts 2h
Wooley came back to work in the "This Is It" tour. Hollander is not aware of Wooley still working for AEG. Last year he did a project
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ABC7 Court News ?@ABC7Courts 2h
Hollander said that in 2009 Wooley was more than just a tour accountant. She stopped reporting to Wooley in 2002, when he left the company.
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ABC7 Court News ?@ABC7Courts 2h
First part of her testimony was explaining who hired her (Timm Wooley) and what a CEO/CFO does. She works for AEG Live, under AEG.
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ABC7 Court News ?@ABC7Courts 2h
Julie Hollander, AEG's VP of Controller and Event Operation, is currently on the stand. Jackson's attorneys called her as adverse witness.
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ABC7 Court News ?@ABC7Courts 4h
Afternoon session about to start with jurors back in the courtroom.
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[ivy]

Re: Jacksons vs AEG - Day 12 - May 16 2013 - News Only (no discussion)

Anthony McCartney ?@mccartneyAP 2h
I've been out of court for part of Hollander's testimony, but will try update later.
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Anthony McCartney ?@mccartneyAP 2h
She's also been testifying about budgets for "This Is It" and money allocated to pay Conrad Murray.
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Anthony McCartney ?@mccartneyAP 2h
A lot of her early testimony was dry stuff, recounting her experience and the organization of AEG Live and its subsidiary, Concerts West.
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Anthony McCartney ?@mccartneyAP 2h
In Jackson vs AEG, the afternoon witness is Julie Hollander, a vice president and controller of event operations for AEG Live.

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

Anthony McCartney ?@mccartneyAP 3m
Tomorrow, Katherine Jackson's attorneys are expecting to call a propofol expert from Massachusetts. He'll likely take most of the day.
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Anthony McCartney ?@mccartneyAP 4m
Plaintiff's attorney Brian Panish has another hour to question Hollander before AEG's lawyers get their turn, but she won't finish Friday.
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Anthony McCartney ?@mccartneyAP 5m
The gist of her testimony was to show that AEG had budgeted Murray's expected $150k a month salary in the "This Is It" tour budget.
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Anthony McCartney ?@mccartneyAP 6m
Julie Hollander, an AEG vice president, was called as an adverse witness by Katherine Jackson's lawyer, Brian Panish.
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Anthony McCartney ?@mccartneyAP 7m
In Jackson vs AEG, I'm going to offer just a few updates. Today's testimony was dry and frequently interrupted by sidebars and objections.

 

[ivy]

Jackson trial: Dr. Murray's salary was on AEG's books

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Michael Jackson performing during the halftime show at the Super Bowl in Pasadena (Rusty Kennedy / AP / February 1, 1993)
By Corina Knoll
May 16, 2013, 6:46 p.m.
An AEG finance executive Thursday verified a 2009 company budget that allotted $300,000 to be paid to Dr. Conrad Murray for two months of caring for Michael Jackson.

Julie Hollander, vice president/controller of event operations for AE Live, testified in the wrongful death trial that Murray&#8217;s salary of $150,000 each for the months of May and June that year was included in a budget approved by executive Paul Gongaware.

Gongaware is one of the defendants in the civil suit filed against the entertainment company by Jackson&#8217;s mother and three children who allege that AEG hired and controlled Murray. Murray treated Jackson as he was preparing for "This Is It,&#8221; a series of comeback concerts to be held in London, and gave the singer a fatal dose of propofol.

FULL COVERAGE: AEG wrongful death trial

The case, which could be worth millions, or even billions to Jackson&#8217;s family, could turn on whether the jury believes Murray took his marching orders from Murray or Jackson himself.

Hollander was responsible for overseeing the books and the general ledger of all transactions related to &#8220;This Is It,&#8221; but said it was AEG executive Timm Woolley who actually created and managed the budget and made sure people got paid.

Woolley advised her that Murray was &#8220;engaged at the request of the artist,&#8221; Hollander said, and added that the budgets were ultimately approved by Gongaware.

PHOTOS: Jackson-AEG wrongful-death case

Hollander called the doctor&#8217;s contract with AEG a &#8220;draft&#8221; because, although it was signed by Murray, neither Jackson nor AEG had signed it.

&#8220;If Michael Jackson didn&#8217;t die and AEG signed, then AEG would owe the money, right?&#8221; Brian Panish, the Jackson family&#8217;s attorney, asked.

&#8220;If all parties signed it would have been a fully executed contract, yes, and I would have to &#8212; if the costs were approved &#8212; it would be no basis for me to say I&#8217;m not going to pay that,&#8221; Hollander said.

She said, however, that there were situations where contracts were signed after Jackson&#8217;s death because &#8220;due to the abrupt end of the tour, deals were renegotiated.&#8221;

Hollander verified a document created May 16, 2009, that listed dozens of changes to the &#8220;This Is It&#8221; budget. Murray was listed as item 29.

&#8220;MJ wishes to have a permanent physician available on call throughout the pre-tour period on operational period,&#8221; the document said. &#8220;There are 2 months at $150,000 newly budgeted.&#8221;

Hollander said she spoke with Woolley about the inclusion of Murray on the budget and to AEG&#8217;s in-house attorney Shawn Trell about conditions under which the doctor would be paid.

On May 18, 2009, Hollander wrote an email to several executives asking for information that would help give AEG owner Philip Anschutz an idea of the upcoming tour profits.

&#8220;We are in the process of quickly pulling together an urgent re-forecast for Mr. Anschutz and need the latest and greatest on MJ,&#8221; her email read. &#8220;I recall that you were working on an update. Is it ready for consumption? I need something by tomorrow at the latest.&#8230; Once the numbers are in, I need direction from you with respect to the split between UK and US.&#8221;

Panish asked Hollander, &#8220;They weren&#8217;t asking you how the rehearsals were going, were they?&#8221;

&#8220;No.&#8221;

&#8220;They wanted to know how much money would be made for the U.S. and how much money would be made for the U.K., correct?&#8221;

&#8220;Yes.&#8221;

 

[ivy]

Jacksons vs AEG - Day 13 - May 17 2013 - News Only (no discussion)

Jacksons vs AEG - Day 13 - May 17 2013 - News Only (no discussion)

Use this thread to post any and all news stories from day 13 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 &#8207;@mccartneyAP 48m
That was the gist of this morning's testimony. AEG executive Julie Hollander will resume testifying at 2:30 p.m. PDT.
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Anthony McCartney &#8207;@mccartneyAP 49m
He said on the previous Rolling Stones tour (not current one), there was a tour doctor. He also cited Blink-182 having a tour doctor.
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Anthony McCartney &#8207;@mccartneyAP 50m
During the deposition, AEG attorney asked Hom about tours in which he knew doctors accompanied bands. Hom cited two.
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Anthony McCartney &#8207;@mccartneyAP 50m
Hom noted that AEG and Live Nation are the two biggest concert promoters. He wants to keep working with both of them, he said.
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Anthony McCartney &#8207;@mccartneyAP 50m
He was approached by two AEG executives about working with the Rolling Stones this year, but AEG picked another tour manager.
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Anthony McCartney &#8207;@mccartneyAP 51m
Plaintiff&#8217;s attorney Kevin Boyle asked Hom several questions about whether he wanted to work with AEG Live in the future. Hom said yes.
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Anthony McCartney &#8207;@mccartneyAP 51m
He also said he wouldn't hire a doctor if he knew the physician was feeding an artist's chemical dependency.
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Anthony McCartney &#8207;@mccartneyAP 51m
Hom was asked whether he would hire a doctor to give an &#8220;opiate-dependent artist Demerol?&#8221; Hom said no.
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Anthony McCartney &#8207;@mccartneyAP 52m
Correction to an earlier tweet: Hom&#8217;s comment about Murray&#8217;s fee being outrageous was related to doc&#8217;s initial request for $5 million.
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Anthony McCartney &#8207;@mccartneyAP 52m
He said it&#8217;s a legitimate question to ask &#8220;How long is that musician going to be sick?&#8221; and similar questions for the sake of the tour.
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Anthony McCartney &#8207;@mccartneyAP 52m
He said he&#8217;d never gotten involved in a doctor-patient relationship. He said he does ask doctors about prognosis for injured artists.
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Anthony McCartney &#8207;@mccartneyAP 52m
Marty Hom said he&#8217;d never worked on a tour in which the artist or artists&#8217; brought along a doctor.
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Anthony McCartney &#8207;@mccartneyAP 52m
Boyle asked Hom whether he&#8217;d ever hired a doctor to go on tour. Hom said no. He hires local doctors if an artist is sick or needs treatment.
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Anthony McCartney &#8207;@mccartneyAP 53m
Hom was paid $500 an hour to serve as an expert on the Jackson vs. AEG case. #notbadforarookie
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Anthony McCartney &#8207;@mccartneyAP 53m
Hom said he&#8217;s worked with Janet Jackson, and had met Katherine Jackson on a few occasions.
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Anthony McCartney &#8207;@mccartneyAP 53m
He was questioned by plaintiff&#8217;s attorney Kevin Boyle, who asked Hom given his ties to AEG how he could convince the jury he was objective.
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Anthony McCartney &#8207;@mccartneyAP 53m
Hom, wearing a black shirt and black blazer, testified in a March 25, 2013 deposition.
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Anthony McCartney &#8207;@mccartneyAP 53m
&#8220;This business is a very, very small business. I probably know most of the people in this business,&#8221; Hom said during his deposition.
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Anthony McCartney &#8207;@mccartneyAP 53m
He&#8217;s also worked with AEG on a couple occasions, including the Alicia Keys tour. He was approached about working on the Rolling Stones tour.
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Anthony McCartney &#8207;@mccartneyAP 54m
Marty Hom said he had never talked to Gongaware and Phillips about Michael Jackson.
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Anthony McCartney &#8207;@mccartneyAP 54m
Hom said he and Phillips weren&#8217;t close -- they didn&#8217;t visit each others&#8217; homes or otherwise socialize.
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Anthony McCartney &#8207;@mccartneyAP 54m
This is Hom&#8217;s first case serving as an expert witness. He knows AEG executives Paul Gongaware and Randy Phillips, who he called a friend.
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Anthony McCartney &#8207;@mccartneyAP 54m
Hom is a tour manager who&#8217;s worked with the Eagles, Bette Midler, Alicia Keys, Janet Jackson and other big-name acts.
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Anthony McCartney &#8207;@mccartneyAP 55m
Jury just listened to videotaped deposition of Marty Hom, a tour manager retained as an AEG expert.
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Anthony McCartney &#8207;@mccartneyAP 56m
Because of witness issues, the Jackson vs AEG trial is on a 4-hour break. Testimony resumes at 2:30 p.m. PDT.
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Anthony McCartney &#8207;@mccartneyAP 1h
Heading back into court -- will update at a break. #JacksonTrial
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Anthony McCartney &#8207;@mccartneyAP 1h
AEG executive Julie Hollander will be back this afternoon to resume testifying.
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Anthony McCartney &#8207;@mccartneyAP 1h
At the time, Panish said Hom testified that Murray&#8217;s $150k/mo. salary was &#8220;an enormous sum of money&#8221; and should have been a red flag.
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Anthony McCartney &#8207;@mccartneyAP 1h
One of them is Marty Hom, an AEG-retained expert whose deposition Panish played during opening statements.
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Anthony McCartney &#8207;@mccartneyAP 1h
There&#8217;s no witness available now to testify this morning, so Panish plans to play video of an expert&#8217;s deposition this morning.
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Anthony McCartney &#8207;@mccartneyAP 1h
There&#8217;s been a change-up in the witness order, and plaintiff&#8217;s attorney Brian Panish has decided not to call a propofol expert this morning.
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Anthony McCartney &#8207;@mccartneyAP 1h
Jackson vs AEG is back in session, with Katherine, Rebbie and Trent Jackson attending the proceedings.

 

[ivy]

Re: Jacksons vs AEG - Day 13 - May 17 2013 - News Only (no discussion)

ABC7 Court News ?@ABC7Courts 13m
That concluded Hom's video deposition shown to jury. Judge recessed trial for 4hrs. AEG's controller Julie Hollander resumes testimony next
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ABC7 Court News ?@ABC7Courts 14m
Hom said he works for an artist, he's hired and paid by the artist, promoters have no say on his contract.
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ABC7 Court News ?@ABC7Courts 15m
Hom said he knew the Rolling Stones have physician on tour, Blink-182 also had doctors on tour, but he didn't know what their agreements are
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ABC7 Court News ?@ABC7Courts 16m
Hom said he would ask the doctor questions to determine what kind of condition the artist/dancer would be and his capability to do the tour
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ABC7 Court News ?@ABC7Courts 18m
Hom said he'd like to work with AEG Live in the future, not for them. He said the promoters don't have any saying on who hires him.
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ABC7 Court News ?@ABC7Courts 19m
Hom said he had no opinion whether the defendants hired Dr. Murray. Hom never talked with Phillips, Gongaware or Wooley about MJ.
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ABC7 Court News ?@ABC7Courts 19m
Boyle: Would you hire a doctor to be feeding the chemical dependency of the artist?
Hom: I would not
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ABC7 Court News ?@ABC7Courts 20m
Boyle: Would you ever hire a doctor to give an opiate-dependent artist Demerol?
Hom: No
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ABC7 Court News ?@ABC7Courts 22m
Hom said he wasn't aware of promoter/producing ever paying artist personal manager. Plaintiff says they have evidence AEG paid MJ's manager
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ABC7 Court News ?@ABC7Courts 23m
Hom said he's never seen a draft agreement between promoter/producer and a doctor. He's been in the business for 30 years.
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ABC7 Court News ?@ABC7Courts 23m
Hom said that Dr. Murray asking for $5 million raised a red flag. "It's outrageous."
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ABC7 Court News ?@ABC7Courts 24m
Hom said AEG ended up hiring someone else to be Rolling Stones' tour manager.
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ABC7 Court News ?@ABC7Courts 24m
Hom said he was pretty busy this year, but since it's the Rolling Stones, be would like to throw his resume in the pot.
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ABC7 Court News ?@ABC7Courts 25m
Timm Wooley contacted Hom earlier this year to ask if he would be willing to be the tour manager for the Rolling Stones show.
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ABC7 Court News ?@ABC7Courts 25m
Hom said he needs to know if artist can perform and/or for how long he needs to be on leave. That's why he'd ask doctor status of the artist
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ABC7 Court News ?@ABC7Courts 27m
Hom said he didn't see a problem asking the doctor questions. It's up to the physician to set the limits, he opined.
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ABC7 Court News ?@ABC7Courts 28m
Hom: Is it appropriate? I don't know, but it's a question I have to ask for best interest of the show. I think it's a legitimate question.
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ABC7 Court News ?@ABC7Courts 29m
Hom said he never injected himself in doctor-patient relationship. He said he didn't believe it was appropriate 4 concert promoters to do it
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ABC7 Court News ?@ABC7Courts 30m
Boyle asked if Hom knew Kenny Ortega. Hom said yes. Boyle asked if Ortega would ever falsely sound alarm about artist health. Hom said no
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ABC7 Court News ?@ABC7Courts 32m
"The doctor should look for the best interest of the artist," Hom opined, "I'd never put artist on stage if it wasn't for his best interest"
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ABC7 Court News ?@ABC7Courts 33m
Hom said he hired doctors in individual cities when artist was ill, wanted B12 shots, crew was sick. Hom said the tour paid the doctor.
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ABC7 Court News ?@ABC7Courts 34m
Hom said he's seen artists travel w/ physical therapists, masseuses, cooks, but he's not been on tour where artist takes doctor on the road
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ABC7 Court News ?@ABC7Courts 36m
Hom: They just wanted me to testify in general scope on what I do for living. I think they were looking for someone who knew the tour biz
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ABC7 Court News ?@ABC7Courts 37m
Hom told the atty he didn't know what an expert witness makes. He was told they make between $400 - $500 an hour. They settled on $500/hour.
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ABC7 Court News ?@ABC7Courts 37m
Hom said defendant's attorney called him asking if he'd be interested in being an expert witness in this case. Hom thought about it, agreed
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ABC7 Court News ?@ABC7Courts 39m
Hom said he worked w/ Janet Jackson and met Mrs. Jackson as well. "I probably know everyone in the business, this is a very small business"
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ABC7 Court News ?@ABC7Courts 40m
Jacksons attorney Kevin Boyle asked if Hom's friendship with Phillips and Gongaware, defendants in the case, would sway his testimony.
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ABC7 Court News ?@ABC7Courts 42m
Hom said he's never worked w/ Paul Gongaware. He knows him for many years, ran into each other all the time. He considers Gongaware a friend
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ABC7 Court News ?@ABC7Courts 44m
The music business in general is very small, Hom said, and Randy Philips used to manage a former client of his, Lionel Richie.
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ABC7 Court News ?@ABC7Courts 44m
Hom said he worked with Phillips and AEG Live once in the Bette Midler Tour in Las Vegas. Hom has no social relationship with Phillips.
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ABC7 Court News ?@ABC7Courts 45m
Live Nation and AEG Live are the biggest companies in the business, Hom said. He's been friends with Randy Phillips for probably 10 years.
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ABC7 Court News ?@ABC7Courts 46m
Hom said his role changes from one tour to the next. He has to adapt quickly to the artist's need, since they are just very different.
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ABC7 Court News ?@ABC7Courts 47m
The artist is usually who hires and pays him, Hom said. He gets a check from the artist. Hom doesn't know if MJ was paying Gongaware.
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ABC7 Court News ?@ABC7Courts 53m
Plaintiff played a video deposition of Marty Hom, defense expert witness. He's been in the music industry 25-30 years.
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ABC7 Court News ?@ABC7Courts 55m
Judge says she appreciated the efficiency of the attorney, but things happen from time to time in a trial.
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ABC7 Court News ?@ABC7Courts 56m
Judge Yvette Palazuelos told jury they have a wrinkle. They'd play video deposition of a witness, but next scheduled witness fell thru
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ABC7 Court News ?@ABC7Courts 59m
Panish told the judge he planned on calling AEG's Shawn Trell today, but AEG said he wasn't available. As result, jury had 4hrs lunch break
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ABC7 Court News ?@ABC7Courts 1h
Panish told @ABC7 he thought Dr. Brown's testimony wasn't going to add anything new to the jury.
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ABC7 Court News ?@ABC7Courts 1h
Plan was to call Dr. David Brown to testify, a Propofol specialist, but plaintiffs' attorney, Brian Panish, changed his mind.
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ABC7 Court News ?@ABC7Courts 1h
Hello from the courthouse in downtown LA. Day 13 of trial in Jackson Family vs AEG under way. Katherine Jackson and Rebbie in the courtroom

 

[ivy]

Re: Jacksons vs AEG - Day 13 - May 17 2013 - News Only (no discussion)

Michael Jackson Doctor Criticized for 'Initially Demanding $5M'
Posted by Guy McCarthy (Editor), May 17, 2013 at 12:11 pm
Comment Recommend

Westwood-Century City Patch file photo of Michael Jackson.
This report was compiled by City News Service and posted by Patch Local Editor Guy McCarthy.

Testifying in trial of a negligence/wrongful death suit against AEG Live over the death of Michael Jackson, a professional tour director on Friday criticized Dr. Conrad Murray for initially demanding $5 million from the entertainment giant to be the singer's personal physician on tour.
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"That raised a red flag," Marty Hom said. "That was outrageous."

Lawyers for the late singer's mother, Katherine Jackson - who filed the lawsuit in 2010 on behalf of herself and her son's three children - allege that AEG Live hired Murray to care for the singer and failed to supervise him properly.

AEG Live attorneys maintain that Jackson hired Murray in 2006 as his personal physician and chose him to be his doctor during his "This Is It Tour." Jackson was rehearsing for 50 sold-out concerts in London at the time of his death on June 25, 2009, at age 50.

A contract was later prepared by AEG Live in which Murray was to be paid $150,000 a month, but Jackson died before he could sign it.

Murray was convicted in 2011 of involuntary manslaughter for giving the singer the anesthetic propofol as a sleep aid and was sentenced to four years in jail.

Hom has worked in the entertainment industry for 30 years and was hired as an expert witness by AEG Live. He was questioned by both Jackson family attorney Kevin Boyle and AEG lawyer Sabrina Strong - with all of his testimony presented through a video deposition.

Hom, who said he had worked in the past with such artists as the Eagles, said he has never personally been associated with a concert deal such as the "This Is It Tour," in which the artist took his personal doctor on tour.

However, he said the Rolling Stones and Blink-182 have had arrangements to take their physicians with them on the road.

Hom also said that he has hired doctors during the course of a tour when singers and dancers get sick. He said that while he is unsure whether it is ethical to ask the doctors directly about the health status of the performers, he does so anyway so he knows whether he will have to seek replacements.

"I think it's a legitimate question I have to ask as a tour manager," Hom testified.

Hom said it was proper for AEG lawyers to inquire of Murray whether Jackson would be able to perform all of the scheduled shows in London.

Jackson died in June 2009 after being found unresponsive at his Holmby Hills home in the district of Westwood.

 

[ivy]

Murray's payment demands 'outrageous'

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CAPTIONS
1/18
By Jeff Gottlieb
May 17, 2013, 12:37 p.m.
A professional concert tour director testified Friday in the Michael Jackson wrongful death trial that a doctor's demand for $5 million to serve as the singer's tour physician "raised a red flag."

Marty Hom, who has spent 25 to 30 years as a tour director and tour manager, said that Dr. Conrad Murray's original demand was "outrageous." Murray, a cardiologist who closed his practice to serve Jackson, eventually agreed to work for $150,000 a month.

Hom, who testified as an expert witness, also said he would never tell a director he had checked out a doctor if he hadn&#8217;t, a reference to claims by the Jackson family about an AEG executive.


Photos: Michael Jackson | 1958-2009

AEG-Michael Jackson wrongful death trial
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A portion of Hom's March 25 video deposition was played to the jury in the lawsuit brought by Jackson's mother and three children. They contend that entertainment giant AEG negligently hired and supervised Murray, who administered a fatal dose of the anesthetic propofol to the singer to combat his insomnia. AEG says that Jackson hired Murray and that any payments the company was supposed to make to the doctor were advances to the singer.

Anschutz Entertainment Group had deposed Hom as an expert witness, paying him $500 a hour. In an unusual move, the Jacksons' attorneys played about 45 minutes of the deposition, taken under oath. Brian Panish, one of the family's lawyers, said he played the testimony to ensure the jury heard it, even if AEG did not call Hom during the trial.

Hom also testified he had never been on a tour where the artist brought a doctor along, although he later said doctors toured with the Rolling Stones and Blink 182, but Hom did not work with them.

Much of Hom's testimony centered on the relationship between a tour manager, performer and doctor. A key question in the lawsuit is whether Murray, who was in desperate financial straits, was more concerned with Jackson's interests or AEG's.

Hom said it was not appropriate for the tour manager or promoter to inject themselves into the doctor-patient relationship.

Asked if it would be OK for someone to speak to the performer's doctor without the artist present, he answered, "I thought it was the doctor's responsibility to say no."

He said he knew of no instance where a promoter or producer had a private conversation with the artist's doctor.

He testified that when performers were ill, "my natural instinct is to go to that doctor and ask him, 'Is that dancer going or musician going to be able to make that show in a week?&#8221;

Hom also testified that he knew of no instance where a promoter or tour manager paid the performer's manager.

Panish said outside court that he will later introduce evidence that AEG was paying Jackson's managers, which could be a conflict of interest.

 

[ivy]

Re: Jacksons vs AEG - Day 13 - May 17 2013 - News Only (no discussion)

ABC7 Court News ?@ABC7Courts 53m
That wraps up Day 13 of Jackson Family vs AEG trial. Hope you have a great weekend! See you all Monday!
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ABC7 Court News ?@ABC7Courts 53m
Court recessed until Monday. Hollander resumes testimony in the morning, then AEG's general counsel Shawn Trell takes the stand.
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ABC7 Court News ?@ABC7Courts 54m
Hollander said she never saw a version of Dr. Murray's contract signed by AEG or MJ. AEG never paid Dr. Murray, Hollander said.
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ABC7 Court News ?@ABC7Courts 54m
"My role (in TII tour) was to make sure the items created were in line with the budget made," Hollander described.
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ABC7 Court News ?@ABC7Courts 55m
Hollander: Tour manager maintains the budget, negotiates some of the vendor's contract, may be involved in mitigating tax exposure.
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ABC7 Court News ?@ABC7Courts 56m
"I was instructed that no payments were to be made until MJ signed the contract," Hollander said, due to the personal nature of the services
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ABC7 Court News ?@ABC7Courts 57m
"Mr. Murray was requested by the artist, and that was my understanding," explained Hollander.
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ABC7 Court News ?@ABC7Courts 57m
"My understanding was that Mr. Jackson had asked to include Dr. Murray in the tour personnel," Hollander explained.
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ABC7 Court News ?@ABC7Courts 57m
She testified that only the contract that had been drafted for Dr. Murray required Michael Jackson's signature.
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ABC7 Court News ?@ABC7Courts 58m
In the "This Is It" tour, Hollander said she had contracts with staging, lighting, choreographers, sound equipment, etc.
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ABC7 Court News ?@ABC7Courts 59m
Hollander said that if something is on the budget, it means it was planned to be paid. But things changed very often.
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ABC7 Court News ?@ABC7Courts 59m
But if the tour went forward, MJ was responsible for repayment of 95% of the costs and AEG would pay 5%.
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Hollander testified that MJ was responsible for 100% of the production costs should the concert not go forward.
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Hollander explained what advance meant, it was like cash advance and, depending on the contract, it would be paid back by the artist.
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It was also the first time she saw AEG Live pay for an artist's personal physician, Hollander said.
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Hollander said that "This Is It" tour was the first time she saw the situation where AEG Live hired a physician for the tour.
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Panish: Dr. Murray was supposed to be paid $150,000 per month, correct?
Hollander: Yes, according to the un-executed contract
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Panish: If the $300,000 was supposed to be advance for MJ to be repaid, it would be under category "Artist's Advances". Hollander agreed.
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Hollander said she did not see a contract with Dr. Murray signed by AEG.
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Panish shows a pre-production budget vs what was paid. Dr. Murray still appears budgeted on 7/1/09 for $300,000.
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Hollander said AEG had to pay those costs pursuant to the terms of the contract for the tour, as advance payment.
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Gongaware response on June 19, 2009:
"I agree with Timm's allocation and the charges. Approved"
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MJ:
Pays for additional furniture, staffing, security, nanny, food.
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AEG pays for 3 of the local houses: Bush, Faye and Murray (wardrobe dresser, make-up/hair & personal physician).
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AEG pays for entertainment arcade & bowling alley because of precondition in terms of what MJ needed at the house as and part of the bargain
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Wooley wrote on June 18, 2009:
"I've prepared what I think it's an equitable division if expenses between MJ and The Tour."
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On 6/18/09, Hollander received email from Brigitte Segal, who worked on the tour for the estimated cost 4 some living arrangements in London
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Budget prepared by Wooley, approved by Gongaware showed "Management Medical" and amounts to be paid to Dr. Murray are listed "Per Contract"
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Panish shows Pre-Tour Cost Projection from 5/20/09 where AEG was to pay Dr. Murray $300,000. It was pursuant to the contract, Panish said.
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Hollander said she knew it through the press. She doesn't have recollection of specifically providing information for an insurance claim.
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Panish said $36 million was spent in MJ's project. He asked if Hollander knew AEG filed claim against Lloyds of London 2 collect insurance
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Hollander says she knew Tohme was terminated before MJ died, therefore had no legal power to sign on his behalf.
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As to Tohme Tohme, Hollander knows who he is, but is aware that at some point he was released from duties as MJ's manager.
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From time to time, Mr. Gongaware asked Hollander to expedite payment, she testified. He's an impatient person, vendors are important to him
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The amount for the wigs was $11,500, which Hollander said it's a nominal amount, thus there's no need for contract.
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Email cont'd: "She bought three wigs for use in the tour and one of them is going to be used for his final rest."
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Email from 6/30/09 from Randy Phillips to Holland: "This is from Karen Faye who did MJ's hair and make up...."
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Panish shows email from 8/4/09 showing another vendor who negotiated contract after MJ died and got paid for prior services.
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Panish shows email from 7/10/09 asking Hollander to sign a tour contract so vendor could get paid. Hollander signed it after MJ had died.
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"People commence work before their contract is executed, yes" Hollander said.
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Hollander said AEG renegotiated contracts after MJ died to mitigate the burden on MJ's Estate.
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Hollander said there were people who had contracts renegotiated after MJ's death.
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Panish said people did the work before MJ died, but got paid after the died. Hollander said she didn't recall specifics.
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Standard company police is that no payments are made without fully executed contract, Hollander said. The contract could get executed later.
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Panish asked Hollander if people worked for AEG without fully executed contracts. She said yes, they may start work in general terms.
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Hollander said her job was to facilitate payments and sometimes she approved payment as well.
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Panish showed Hollander a document from April 30, 2009. It shows management medical for $300,000.
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Brian Panish continued examination of AEG's controller Julie Hollander. She said she had lunch with AEG attorneys today.
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Jury entered the courtroom at 2:41pm PT. Neither Katherine not Rebbie Jackson were present for the afternoon session.

 

[ivy]

Anthony McCartney &#8207;@mccartneyAP 1h
After Hollander, plaintiff's attorney says he'll call AEG general counsel Shawn Trell to the stand.
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Anthony McCartney &#8207;@mccartneyAP 1h
That&#8217;s a wrap for the week folks. Testimony will resume Monday morning. AEG will continue questioning Julie Hollander.
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Anthony McCartney &#8207;@mccartneyAP 1h
She said sometimes an executed contract differs from the budget. In that case, the contract&#8217;s terms dictate the payments, Hollander said.
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Anthony McCartney &#8207;@mccartneyAP 1h
Before court adjourned, Hollander made the point that a budget is a guide for a concert tour. &#8220;A budget is just a tool,&#8221; Hollander said.
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Anthony McCartney &#8207;@mccartneyAP 1h
Hollander told jurors she was instructed not to pay Murray until Jackson signed the physician&#8217;s contract.
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Anthony McCartney &#8207;@mccartneyAP 1h
Hollander told Stebbins Bina that it was her first time testifying and that&#8217;s why she was so nervous answering questions.
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Anthony McCartney &#8207;@mccartneyAP 1h
AEG attorney Jessica Stebbins Bina started her questioning of Julie Hollander. Her early questions focused on money advanced to Jackson.
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Anthony McCartney &#8207;@mccartneyAP 1h
Hollander said &#8220;This Is It&#8221; was the first time she&#8217;d seen costs for an artists&#8217; physician included in a tour budget.
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Anthony McCartney &#8207;@mccartneyAP 1h
Brian Panish ended his direct examination of Hollander by playing testimony from her deposition about 20 tours she&#8217;d handled finances for.
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Anthony McCartney &#8207;@mccartneyAP 1h
There was $300k listed for Murray under &#8220;preproduction costs&#8221; in &#8220;This Is It&#8221; budgets. It wasn't listed under terms MJ was supposed to pay.
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Anthony McCartney &#8207;@mccartneyAP 1h
He was copied in on a message. &#8220;Pay it immediately,&#8221; Phillips wrote in an email. &#8220;Do not stiff any vendors.&#8221;
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Anthony McCartney &#8207;@mccartneyAP 1h
Faye was upset that they rescinded the payment and was threatening to go to AEG Live CEO Randy Phillips.
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Anthony McCartney &#8207;@mccartneyAP 1h
One of the emails was regarding $11,500 that Karen Faye charged AEG for wigs she purchased for Jackson. After he died, AEG stopped a payment
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Anthony McCartney &#8207;@mccartneyAP 1h
The emails show some vendors were complaining about that they weren&#8217;t being paid after Jackson&#8217;s death. Hollander said many were paid.
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Anthony McCartney &#8207;@mccartneyAP 1h
Panish also displayed several emails about how other vendors were paid, including makeup/hairstylist Karen Faye.
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Anthony McCartney &#8207;@mccartneyAP 1h
The documents show that AEG budgeted to pay Murray for his work with Jackson as &#8220;preproduction cost.&#8221; Murray was never paid.
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Anthony McCartney &#8207;@mccartneyAP 1h
Plaintiff&#8217;s attorney Brian Panish walked her through "This Is It" concert budgets, both those generated before and after MJ&#8217;s death.
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Anthony McCartney &#8207;@mccartneyAP 1h
Here's a recap of afternoon session in Jackson vs AEG. AEG accounting executive Julie Hollander testified and will be back Monday.

 

[ivy]

Re: Jacksons vs AEG - Day 13 - May 17 2013 - News Only (no discussion)

Michael Jackson manager's e-mails found, could be key in AEG trial
By Alan Duke, CNN
updated 9:51 PM EDT, Fri May 17, 2013
STORY HIGHLIGHTS
Frank DiLeo's laptop couldn't be found after Jackson lawyers subpoenaed it
AEG's lawyers represented DiLeo's estate in the fight to stop the subpoena
Another lawyer kept a copy of DiLeo's e-mail file
Jackson lawyers argue AEG forced Michael Jackson to take DiLeo as his manager
Los Angeles (CNN) -- A cache of e-mails believed lost when Michael Jackson's last manager's laptop disappeared could become key evidence in the wrongful death trial against AEG Live.
Lawyers for Michael Jackson's mother and three children don't know what they'll find in Frank DiLeo's e-mails, but they are hoping it will support their contention that DiLeo was beholden to the concert promoter --- and not to Jackson.
Jackson changed managers twice in the last three months of his life. In late March 2009, he hired Leonard Rowe -- one of his father's friends -- to replace Tohme Tohme, the manager who initially negotiated the deal with AEG for his "This Is It" tour.
Jackson lawyers argue that AEG Live forced Jackson to take DiLeo, who had worked for him off and on for decades, as his manager in May 2009 because they did not want to work with Rowe.
Their contention is part of their larger argument that AEG Live executives were liable for Jackson's death because they hired, retained or supervised Dr. Conrad Murray, the physician convicted of involuntary manslaughter.
AEG counters that it was Jackson who chose and hired Murray, not them. AEG lawyers argue that Jackson was responsible for his own death and that drug addiction led to his bad decisions.
The coroner ruled his death, which came near the end of preparations for a series of comeback concerts, was caused by an overdose of the surgical anesthetic propofol that Murray was using to treat Jackson's insomnia.
AEG Live contends its executives had no way of knowing the doctor was using propofol in the privacy of Jackson's bedroom.
The Jacksons are seeking billions of dollars in damages equal to what Michael Jackson might have earned if he had not died on June 25, 2009. The Los Angeles trial began three weeks ago and is expected to continue into July.
The lawsuit contends AEG Live ignored warning signs about Jackson's health in his last weeks, and instead of getting him help, they pressured Jackson and Murray to have him at rehearsals. DiLeo would have been part of that pressure, they contend.
"Get him a bucket of chicken," DiLeo said on June 19, 2009, in reply to concerns about Jackson's weight loss, makeup artist Karen Faye testified last week. "It was such a cold response, it broke my heart," Faye said through tears.
The next day -- June 20, 2009 -- DiLeo left a voice mail on Murray's cell phone. "I'm sure you're aware he had an episode last night. He's sick. Today's Saturday. Tomorrow, I'm on my way back. I'm not going to continue my trip. I think you need to get a blood test on him. We got to see what he's doing?"
DiLeo's e-mails were recovered after what the judge called "a lot of red tape and kind of cloudiness," that included the AEG's lawyers also representing the estate of DiLeo, who died in 2011, in fighting the Jacksons' subpoena for them.
"Because she (DiLeo's widow) didn't have litigation counsel, we're representing her for the limited purposes of responding to that subpoena," AEG's lead lawyer Marvin Putnam told the judge.
Soon after an Ohio court ordered DiLeo's estate to give his laptop and e-mails to the Jackson lawyers, the AEG lawyers -- in their other capacity representing the DiLeo estate -- reported that they could not locate the computer or e-mails.
Jackson lawyers, however, learned through the DiLeo estate's previous lawyer -- Pennsylvania lawyer David Regoli -- kept a copy of the e-mail files. For the past several weeks, however, the AEG lawyers argued he had no authority to provide them to the Jacksons lawyers for use in the case against AEG.
But in a phone call to the court this week, Regoli said he advised DiLeo's widow that "in my opinion, it was a conflict" for AEG's lawyers -- from the Los Angeles firm O'Melveny and Myers -- to represent her in the matter.
"She said that she never signed anything with O'Melveny and Myers to authorize them to represent her, and as of this moment they are not representing her anymore," Regoli said.
DiLeo's widow then rehired Regoli, which allows him to send the e-mails on to the Jacksons -- after removing any that are personal or not relevant to the case.
"I think I can give the court my assurances that I'll go through the documents that I have and I'll go through the e-mails, and anything that is related to the subpoena, I would obviously turn over," Regoli said.
As for the missing laptop, there was a simple explanation. "She had told me her daughter had given it to a friend who needed a computer," Regoli said. "It wasn't a very new computer."
While the Jackson lawyers wanted to explore how AEG's lawyers came to represent the DiLeo estate in Ohio, the judge declined exploring the matter. "All we know right now they're not representing her, and that's enough for us," Judge Yvette Palazuelos said.
The trial's fourth week starts Monday morning with AEG's chief counsel, Shawn Trell, on the witness stand. Jackson lawyers are expected to grill him about the contract negotiations with MIchael Jackson and Murray.

 

[ivy]

Michael Jackson wrongful-death trial attorneys clash
Friday, May 17, 2013

TAGS:legal, court case, celebrity, michael jackson, entertainment, miriam hernandez
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Miriam Hernandez
More: Bio, Recent Stories, News Team
LOS ANGELES (KABC) -- For three weeks, jurors have heard witnesses testify about Michael Jackson with rival attorneys presenting conflicting views on the performer's health and his doctor.

On Friday, the attorneys representing Katherine Jackson in the lawsuit suing AEG told Eyewitness News that the case remains clear.

"The case has always been the same," said Brian Panish, attorney for the Jackson family. "Did AEG negligently hire Dr. Murray and did they know that Michael had been having problems and failed to do something?"

Should AEG have intervened for a star dependent on medication? AEG says that's not the question.

"What the law is about is whether AEG hired Conrad Murray and whether they did so negligently," said AEG attorney Marvin Putnam.

The evidence will show, according to the defense, that Jackson had been out of the business for a decade and that Jackson needed AEG to finance his final tour.

"And so he asked AEG Live if they would basically front him the money, advance him the money so he could have various of his people come on board such as Dr. Conrad Murray," said Putnam.

AEG presented testimony from its controller saying it agreed to pay many people who were part of the tour. They, however, maintain that Jackson hired Murray as his personal physician and chose him to be his doctor during his "This Is It Tour."

"I would like a doctor and I want this doctor and he is the one who is going to come," said Putnam.

But did AEG formalize the relationship?

"As the CEO Randy Phillips has said shortly after Michael's death all throughout the world that AEG had hired Dr. Murray," said Panish.

 

[ivy]

Jacksons vs AEG - Day 14 - May 20 2013 - News Only (no discussion)

Jacksons vs AEG - Day 14 - May 20 2013 - News Only (no discussion)

Use this thread to post any and all news stories from day 14 of Katherine Jackson vs. AEG trial.

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

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

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

 

[ivy]

Re: Jacksons vs AEG - Day 14 - May 20 2013 - News Only (no discussion)

AEG execs face questions about Michael Jackson's death
By Alan Duke, CNN
updated 6:30 AM EDT, Mon May 20, 2013
The death in 2009 of superstar Michael Jackson, who died of cardiac arrest at the age of 50, sent shockwaves around the world.
HIDE CAPTION
Michael Jackson, King of Pop

>>
STORY HIGHLIGHTS
AEG Live's top lawyer will testify as trial's 4th week begins
Jackson lawyer will question AEG Live general counsel about negotiations with Dr. Murray
AEG Live's controller confirms the company budgeted $1.5 million to pay for Michael Jackson's doctor
An AEG expert testifies the promoter should have seen "a red flag" when Murray asked for $5 million
Los Angeles (CNN) -- AEG Live filed an insurance claim to recover losses from Michael Jackson's death the same day he died, according to a lawyer for Jackson's family.
That revelation may not relate to the heart of the wrongful death lawsuit against Michael Jackson's last concert promoter, but Jackson lawyers hope it could sway jurors to see AEG Live executives as motivated by money over the pop icon's needs.
It is one of many points Jackson lawyers will try to make Monday when they call AEG Live's top lawyer to the witness stand as the trial's fourth week begins in a Los Angeles courtroom.
Jackson's mother and three children contend AEG Live is liable in the singer's death because its executives negligently hired, retained or supervised Dr. Conrad Murray, who was convicted of involuntary manslaughter.
Who's who in Jackson trial
Conrad Murray maintains his innocence Jackson's doctor sings to Anderson Cooper Van Halen on Michael Jackson: Sweet guy
The promoters ignored a series of red flags that should have warned them Jackson was in danger as he was pressured to get ready for his comeback concerts, the Jackson lawsuit claims.
AEG Live lawyers counter that it was Jackson who chose, hired and supervised Murray, and that he was responsible for his own bad decisions. Its executives could not be expected to know Murray was using the surgical anesthetic propofol, the drug the coroner ruled killed him, to treat his insomnia, they argue.
Jackson lead lawyer Brian Panish will question AEG Live general counsel Shawn Trell about his company's negotiations with Murray to be Jackson's personal physician for his "This Is It" shows in London.
The doctor signed the contract prepared by AEG lawyers and sent it back to the company a day before Jackson's death. The company argues it was not an executed contract because their executives and Michael Jackson never signed it.
The Jackson lawyers argue that e-mails, budget documents and the fact that the doctor was already working for two months showed a binding agreement between AEG and Murray.
Panish, speaking outside of the courtroom Friday, said he would also ask Trell about AEG's insurance claim, which he said his team recently discovered was filed with Lloyds of London on June 25, 2009, hours after Jackson was pronounced dead at UCLA Medical Center.
A Lloyds of London underwriter later sued AEG, claiming the company failed to disclose information about the pop star's health and drug use. AEG dropped its claim for a $17.5 million insurance policy last year.
Monday's court will start with AEG Live controller Julie Hollander completing her testimony about the company's budgeting, which she acknowledged included $1.5 million approved to pay Murray. The doctor's costs were listed as production costs, expenses that AEG is responsible for paying, and not as an advance, which Jackson would ultimately be responsible for giving back to the company, she testified.
The controller's testimony appears to contradict the argument AEG lead lawyer Marvin Putnam made in a CNN interview days before the trial began.
AEG Live's role with Murray was only to "forward" money owed to him by Jackson, just as a patient would use their "MasterCard," Putnam said. "If you go to your doctor and you pay with a credit card, obviously MasterCard in that instance, depending on your credit card, is providing the money to that doctor for services until you pay it back. Now, are you telling them MasterCard in some measure in that instance, did MasterCard hire the doctor or did you? Well, clearly you did. I think the analogy works in this instance."
Jackson lawyers played video testimony of one of AEG's own expert witnesses Friday -- 25-year veteran tour manager Marty Hom.
The opinion Hom submitted for AEG concluded he saw no red flags that should have alerted the promoter that something was wrong with Murray.
He was asked if AEG Live should have realized something was wrong when Murray initially asked for $5 million a year to work as Jackson's personal physician. "That raised a red flag because of the enormous sum of money," Hom testified.
Hom acknowledged he had not seen many of the documents and depositions in the case, and AEG was considering him for a job as the Rollings Stones tour manager at the same time he was asked to testify.

 

[sophie]

http://www.denverpost.com/breakingn...first-glimpse-defense-jackson-case?source=rss

Jury gets first glimpse of defense in Jackson case

POSTED: 05/18/2013 10:13:48 AM MDT
UPDATED: 05/18/2013 10:14:12 AM MDT

The Associated Press

LOS ANGELES—A look at key moments this past week in the wrongful death trial in Los Angeles between Michael Jackson's mother, Katherine Jackson, and concert giant AEG Live LLC, and what is expected at court in the week ahead:

THE CASE

Jackson's mother wants a jury to determine that the promoter of Jackson's planned comeback concerts didn't properly investigate Dr. Conrad Murray, who a criminal jury convicted of involuntary manslaughter for Jackson's June 2009 death. AEG's attorney says the case is about personal choice, namely Jackson's decision to have Murray serve as his doctor and give him doses of a powerful anesthetic as a sleep aid. Millions, possibly billions, of dollars are at stake.

WHAT HAPPENED

— Jurors heard from AEG Live's first two witnesses, a pair of choreographers who worked on Jackson's ill-fated "This Is It" shows. Stacy Walker told the panel she never saw any signs Jackson was impaired or ill during rehearsals. Her colleague Travis Payne, who rehearsed one-on-one with Jackson, acknowledged he couldn't say how many times the pair actually rehearsed and said he was concerned the singer was under the influence of prescription medications in the weeks before his death.

— An AEG accounting executive testified about the budget for "This Is It," which was planning on paying Murray up to $1.5 million for the first few months of the shows. The former cardiologist was never paid because Jackson died before signing his contract.

WHAT THE JURY SAW

— Payne shift from a composed, sometimes-smiling witness to one who fought back tears toward the end of his day-and-a-half of testimony. His devotion to Jackson was evident from his wardrobe, which included a black blazer with an emblem stitched onto each sleeve containing the letters "MJ" and golden wings.

— Lots of courthouse hallways and downtown Los Angeles. Friday's session featured a four-hour lunch break due to witness availability issues. The trial's third week featured only three days of live testimony and the jury was kept waiting or sent out of the room numerous times while attorneys argued legal issues.

QUOTABLE MOMENTS

— "Sometimes in rehearsal, Michael would appear just a little loopy," Payne said of Jackson's demeanor after visiting his longtime dermatologist Dr. Arnold Klein, who is not a party to the case.

— "I just never in a million years thought he would leave us, or pass away," choreographer Stacy Walker said of Jackson. Walker testified for AEG and said she never saw signs Jackson was under the influence of medications or was ill.

OUTSIDE THE COURTROOM

— A state attorney urged a court to reject an appeal by Jackson's former doctor, Conrad Murray, stating there were no legal errors by a trial judge and the physician's own attorneys failed to raise issues at the appropriate time. Murray has shown no remorse for playing "Russian roulette" with Jackson's life.

WHAT'S NEXT

— A corporate attorney for AEG Live will testify, reflecting a shift in the trial focus away from Jackson and toward a central issue in the case—whether Murray was hired by the concert promoter.

 

[ivy]

Anthony McCartney @mccartneyAP
Julie Hollander, an AEG accounting executive, was back on the stand this morning. She finished, and I'll have a story out soon.
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Anthony McCartney @mccartneyAP
Apparently someone (person wasn&#8217;t identified) spoke with a juror, which is a big no-no. Could lead to a mistrial.
Details
6m

Anthony McCartney @mccartneyAP
Before jury came in judge admonished court watchers to not approach jurors in the case.
Details
6m

Anthony McCartney @mccartneyAP
We're on a short morning break. Katherine Jackson, Rebbie and Trent Jackson were in court for this morning&#8217;s session. #JacksonTrial

 

[ivy]

Witness: AEG spent $24 million on Jackson concerts
By ANTHONY McCARTNEY | Associated Press &#8211; 1 min 27 secs ago
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Associated Press/Joel Ryan, File - File - In this March 5, 2009 file photo, US singer Michael Jackson announces at a press conference that he is set to play ten live concerts at the London O2 Arena in July &#8230;more
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FILE - In this June 23, 2009 handout &#8230;
LOS ANGELES (AP) &#8212; An accounting executive for AEG Live LLC says the company spent $24 million producing Michael Jackson's ill-fated "This Is It" concerts.
Julie Hollander told a jury hearing a lawsuit filed by Jackson's mother against AEG that the tally involved expenses compiled through October 2009, roughly three months after the death of the pop star.
Budget documents shown Monday in the Los Angeles courtroom show the production was more than $2 million over budget, and that AEG made no payments to Conrad Murray, the physician later convicted of causing Jackson's death.
AEG budgeted $150,000 a month for Murray's treatment of Jackson as the concerts approached, but Jackson died of an anesthetic overdose before he signed Murray's agreement.
Hollander has testified that Jackson was responsible for 95 percent of production expenses if his comeback shows were canceled.

 

[sophie]

Re: Jacksons vs AEG - Day 14 - May 20 2013 - News Only (no discussion)

ABC7 Court News @ABC7Courts tweets:

Hello for the courthouse in downtown LA. Day 14 of Jackson Family vs AEG trial is underway. We're now at lunch break.

Katherine Jackson present in the courtroom, wearing a bright purple jacket, accompanied by Rebbie, wearing black jacket with floral details.

Judge Yvette Palazuelos admonished the audience that no one is allowed to talk to jurors. Someone approached one of them. Big No, No!

Jessica Bina resumed re-direct of AEG Controller Julie Hollander.

Each member of the crew, dancers, musicians had an agreement as to weekly payment, Hollander explained.

Hollander said AEG never paid Dr. Conrad Murray because the contract had not been fully executed.

Based on the contract, Hollander said payment for Dr. Murray should be to GCA, the doctor's employer.

Contract: Dr. Murray represented he's licensed cardiologist practicing in Las Vegas an[d] that he acts as the Artist's general practitioner

Hollander says Dr. Murray could only be paid after the contract was fully executed, including signature of MJ, due to nature of the service

Hollander said she has never seen an agreement where the artist had to sign off on a contract for services.

Hollander explained that budget is a tool where you plan your future expenses. The book documents the actual expenses incurred.

Bina showed Hollander report she prepared on 10/21/09 that was sent to MJ's Estate with the costs incurred as advances for the TII tour.

Next document Bina showed a comparison of Budget v. Actual expenses as of Oct. 2009.

Budget Total:
Budget: $22,228,000
Actual: $24,835,011

Management Medical
Budget: $300,000
Actual: Zero

Public Relations
Budget: $18,000
Actual: Zero

Rehearsal Per Diems:
Budget: $175,000
Actual: $89,751

Rehearsal Facilities:
Budget: $871,000
Actual: $1,553,558

In re-cross, Panish asked Hollander if it was true that public relations was not paid $18,000 because MJ died. She said no.

Panish: Do you know what that $18,000 is for?
Hollander: No

Panish: Budget and actual payment for rehearsals per diem were different because Mr. Jackson died, correct?
Hollander: No

Hollander didn't know the per diem schedule, so she said she didn't know the answers.

Panish: You didn't pay Dr. Murray, did you?
Hollander: No
Panish: That's why it's not there (on doc shown)
Hollander: Yes

But all the estimates include payment for Dr. Murray, Panish asked. "That's what shows in this paper," Hollander responded.

Contract: promoter shall make advanced to cover mutually-approved production costs up to but not exceeding $7.5 million.

Panish shows Dr. Murray's contract and asked Hollander if anywhere in the agreement is says this was a draft agreement.

In my experience, a draft is a term used to describe an agreement that has not been signed by all parties involved, Hollander explained.

Panish: Is it your experience people sign draft agreements? Hollander: My experience is that until everyone signs, it can be changed

If this version had been signed by everybody, would've been final, Hollander said. The contract was from 5/1/09 until the end of TII tour

I was told it was put in there at the request of the artist, Hollander said. Panish asked if MJ had to approve $150K payment for Dr Murray

I've never been involved in a tour where AEG hired a doctor, Hollander said. "It's never happened before."

I know in my experience it's not typical for a promoter or producer to hire a doctor, Hollander said.

Panish questioned Hollander about Dr. Murray's company and she said it was a LLC in Nevada. "Do you know what GCA is? Does it sell popcorn?"

Panish asked Hollander if there's written policy against someone working for AEG without executed contract? She said she isn't aware of any

Hollander said there's a policy against paying people without fully executed contract.

Hollander said tour promoters don't get involved in what it takes to actually put the show together. The artist does.

AEG Live is more promoter than producers of shows, Hollander said. They promoted upwards of 100 tours, produced only few, she testified.

Hollander said the Michael Jackson Estate approved the cost of the tour expenses incurred by AEG.

Panish: You don't know whether the artist was suppose to approve the cost while it was incurred and not after his death, correct?

Panish asked Hollander how it was that she testified last week she worked in 20 concerts and today she said it was more than 100.

Hollander said she looked through materials at work and it refreshed her recollection. Panish said he wants to see the list of tours.

Panish: Do you have any understanding whether Dr. Murray expected to get paid? Hollander: Only along those lines, yes

Acting as producer you get more money than just as promoter, right? Panish asked. Hollander agreed, saying they have earning potentials.

My estimates was 20 tours up until 2009, Hollander said. From 09 to today, she said it's upward of 100.

Julie Hollander was then excused subject to recall if needed.


Katherine Jackson's attorneys called Shawn Trell as next witness. Brian Panish doing questioning, Trell is an adverse witness.

Shawn Trell is the Senior Vice President and General Counsel for AEG Live for 10 years. He's been with the company for 13 years.

Trell said he met with defendants attys for a few hours Saturday and Sunday, reviewed documents to refreshed his recollection.

I'm the client's representative in the court, Trell said.

Marvin Putnam and Trell went to Georgetown Law School together, but only realized they went to same school after trial started.

Trell said he's aware MJ wanted to produce films and Anschutz has a film company. He wasn't aware that MJ and Anschutz met about TTI movie

Trell said he never discussed with Tim Leiweke, former AEG's CEO, about MJ. Leiweke is no longer with AEG, Trell said.

Trell was interviewed by LAPD. "I think they were interested in what we knew about Dr. Murray," she testified.

Lunch break is almost over. Court to resume with Trell on the stand.