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

[sophie]

Anthony McCartney @mccartneyAP tweets:

Gotta get back into court. Next updates and a story link coming when we get to the lunch break in 20 mins.

AEG Live spent $24 million on Michael Jackson's "This Is It" shows: http://yhoo.it/10JoqPi (Story link.)

Here's a few updates from the morning session, which featured the end of Julie Hollander's testimony and start of AEG counsel Shawn Trell.

Even the judge seemed ready for AEG exec Julie Hollander to be finished on the stand. “We are going to finish, right? Soon?” judge asked.

AEG attorney Jessica Stebbins Bina went over part of Conrad Murray’s contract related to how he would have been paid.

Julie Hollander testified she was told not to pay Murray until the contract was signed by all parties, including AEG and Jackson.

Hollander said last week that she was told not to pay Murray until Jackson’s signature was on the contract.

AEG exec Julie Hollander re-iterated last week’s testimony that she Murray’s contract was only one she saw requiring MJ’s signature.

She said today that she hadn't seen any other contract that required artist’s signature in her experience.

Hollander said she thought Jackson’s signature was required due to the personal nature of the services.

Hollander testified about the actual production costs of “This Is It,” which is covered in the story link. (http://yhoo.it/10JoqPi)

She finished testifying after about an hour this morning, and AEG general counsel Shawn Trell took the stand.

Attorney Shawn Trell was the one who drafted and edited Michael Jackson’s contract with AEG Live.

Plaintiff’s attorney Brian Panish asked Trell about his relationship with AEG’s trial counsel, Marvin Putnam.

Putnam and Trell went to law school together, but Trell said he’s only known Putnam for three or four years.

Panish also asked Trell about his knowledge of Michael Jackson’s interest in producing movies with an AEG film group.

Trell said he knew Jackson wanted to produce movies, but he wasn’t aware that MJ wanted to work specifically with AEG.

Plaintiff's attorney showed Trell a July 2009 letter to Jackson's estate aiming to recoup production expenses, including $300k for Murray.

Trell said including Murray as a production cost in the budgets and letter to Jackson estate was a mistake.

 

[sophie]

http://news.yahoo.com/witness-aeg-spent-24-million-jackson-concerts-183857940.html

Witness: AEG spent $24 million on Jackson concerts

By ANTHONY McCARTNEY
Associated Press – 1 hr 4 mins ago

LOS ANGELES (AP) — An accounting executive for AEG Live LLC testified on Monday that the company spent $24 million producing Michael Jackson's ill-fated "This Is It" concerts.

The tally involved expenses compiled through October 2009, roughly three months after the singer's death, said Julie Hollander, a vice president and controller of event operations for AEG Live.

Hollander testified during the trial of a lawsuit filed by Jackson's mother against AEG claiming the company was negligent in hiring the doctor later convicted in the death of the pop star.

Budget documents shown in court indicated the company made no payments to the doctor, Conrad Murray.
AEG budgeted $150,000 a month for Murray's treatment of Jackson, but the singer died of an anesthetic overdose before he signed Murray's agreement.

Hollander said Murray's contract was the only one she had ever seen in which an artist had to approve a contract for services on a tour. She believed Jackson's signature was required because of the personal nature of the doctor's services.

In total, Murray was projected to receive $1.5 million in payments over the first few months of the "This Is It" tour, which was slated for 50 shows at London's 02 Arena.

Attorneys for Jackson's mother are trying to prove that AEG hired Murray and missed numerous red flags about the pop singer's health before his death.

AEG denies it hired Murray and says it bears no liability for Jackson's death.

Hollander also testified that Jackson was responsible for 95 percent of production expenses if his comeback shows were canceled. Budget documents indicated the production was more than $2 million over budget.

Hollander was the first AEG executive to testify in the lawsuit. The company's general counsel Shawn Trell began testifying on Monday.

Plaintiff's attorney Brian Panish questioned Trell about a July letter sent to Jackson's estate asking for more than $30 million in reimbursement, including $300,000 for Murray's services.

Trell said it was a mistake to include Murray's payments as production costs.

 

[sophie]

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

ABC7 Court News @ABC7Courts tweets:

Trell said he produced all the materials LAPD asked of him. Panish asked if he turned over only one email, and he said he didn't recall.

Panish: Did you enter in a contract with Mr. Jackson for TII tour? Trell: Yes

Trell said he was involved in drafting the agreement, but in his deposition, he said he had drafted it himself.

Trell said he never heard that Randy Phillips spoke with DreamWorks about producing a MJ movie.

Trell said he's confident he turned over all the material requested of AEG Live.

Outside the presence of the jury, Jessica Stebbins Bina said there are about 200,000 pages of documents.

Panish said Trell has been designated in 24 categories as having knowledge and being the most qualified to speak on behalf of AEG.

Panish said the witnesses he will spend most time on are Randy Phillips, Paul Gongaware and Shawn Trell.

 

[ivy]

AEG paid Michael Jackson's manager $100,000 a month

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By Jeff Gottlieb
May 20, 2013, 1:53 p.m.
The promoter and producer putting on Michael Jackson's ill-fated "This Is It" concert series was paying his manager $100,000 a month, the only time entertainment giant AEG made such an agreement, a company lawyer testified Monday.

Shawn Trell, senior vice president and general counsel for Anschutz Entertainment Group, testified in the Jackson family's wrongful-death lawsuit that the money was paid to Thome Thome.

The payments appear to be a potential conflict of interest, since a personal manager is supposed to represent the performer's interests.

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FULL COVERAGE: AEG wrongful death trial

In addition, Trell was shown a report AEG sent Jackson's estate that included a request it be repaid $300,000 it had given Conrad Murray, the doctor who administered the fatal dose of the anesthetic propofol to Jackson.

"To me, it's a mistake," Trell said.

Previous testimony showed AEG never paid Murray.

Brian Panish, an attorney for Jackson's mother and children, who filed the lawsuit against AEG, said in court that the company had been seeking $30 million in advances from Jackson's estate.

PHOTOS: Michael Jackson | 1958-2009

Earlier in the day, an AEG executive testified that Murray's salary was never listed on a budget as an artist advance.

The Jacksons say in their suit that AEG negligently hired and supervised Murray, while the company says that Jackson wanted him hired and that any salary it was supposed to pay him were advances to the singer.

Julie Hollander, AEG's vice president and controller also testified that she didn't know of any other instance in which the firm had hired a doctor to go on a concert tour.

“I know in my experience it is not typical for the promoter and tour producer to hire a doctor,” she said.

She also testified that when Jackson died in June 2009, shortly before his 50 concerts were set to begin in London, the production was about $2.5 million over budget.

 

[ivy]

JACKSON CONCERT DIRECTOR WORKED WITHOUT CONTRACT
By ANTHONY McCARTNEY
— May. 20 8:03 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. An AEG Live accounting executive testified Monday, May 20, 2013, in a Los Angeles courtroom that the company spent $24 million on preparations for Jackson’s ill-fated “This Is It” shows, however never paid the singer’s personal doctor convicted of involuntary manslaughter because a fully-signed agreement was never obtained. (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. An AEG Live accounting executive testified Monday, May 20, 2013, in a Los Angeles courtroom that the company spent $24 million on preparations for Jackson’s ill-fated “This Is It” shows, however never paid the singer’s personal doctor convicted of involuntary manslaughter because a fully-signed agreement was never obtained. (AP Photo/ Kevin Mazur, AEG/Getty Images, File) ** NO SALES, ARCHIVE OUT. MANDATORY CREDIT **
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LOS ANGELES (AP) — Michael Jackson's doctor was not the only person working on the singer's ill-fated "This Is It" tour without a fully executed contract, a corporate attorney for concert promoter AEG Live LLC testified Monday.

The tour's director Kenny Ortega was being paid based on an agreement laid out solely in emails, AEG General Counsel Shawn Trell told jurors.

Jackson's mother is trying to show AEG was negligent in hiring Conrad Murray, the doctor who was later convicted of involuntary manslaughter in Jackson's June 2009 death.

Katherine Jackson claims AEG failed to properly investigate Murray before hiring him to serve as her son's tour physician, and that the company missed or ignored red flags about the singer's health before his death. AEG denies it hired Murray.

In court, attorneys for Katherine Jackson displayed emails sent a month before the death of her son in which Murray's contract terms were laid out.

Trell said those emails did not demonstrate an employment relationship — a key element of the case that will be decided by a jury of six men and six women.

Trell acknowledged, however, that Ortega was paid for his work on the shows despite working under terms laid out only in a series of emails.

"Kenny Ortega is different from Conrad Murray," Trell testified.

Michael Jackson died before signing a $150,000 a month contract for Murray to serve as his doctor on the "This Is It" tour. AEG's attorneys say Jackson's signature was required to finalize Murrays' contract.

An email displayed in court showed Murray's contract terms. Other documents indicated AEG budgeted $300,000 to pay Murray for his work with Jackson in May and June of 2009.

Another email said executive Paul Gongaware informed others that Murray would be "full time" on the tour by mid-May.

Plaintiff's attorney Brian Panish asked Trell to agree with a statement that Murray was working for AEG.

"I would totally disagree with that statement," Trell said, noting that Ortega and Murray were considered independent contractors.

Trell was the second AEG executive to testify in the trial, which is entering its fourth week. AEG attorneys have yet to question him.

He also testified that the company obtained an insurance policy that covered the possible cancellation of some of the "This Is It" shows after a physician evaluated the singer.

Trell testified that five days before Jackson's death, top AEG executives were informed the singer was in poor health. By that point, Ortega had sent executives an email titled "Trouble at the front" detailing Jackson's problems.

"There are strong signs of paranoia, anxiety, and obsessive-like behavior," Ortega wrote to AEG Live CEO Randy Phillips. Jackson's symptoms were reminiscent of behavior that led to the cancellation of an HBO concert earlier in the decade. Ortega wrote.

 

[ivy]

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

STORY HIGHLIGHTS
NEW: AEG Live exec says listing doctor's fees as "production costs" was a mistake
NEW: AEG Live asked Jackson estate to repay $300,000 for the doctor
AEG Live's controller confirms company budgeted $1.5 million for Michael Jackson's doctor
An AEG expert testifies it should have been "a red flag" when Murray asked for $5 million
Los Angeles (CNN) -- AEG Live asked Michael Jackson's estate to repay the concert promoter $300,000 for Dr. Conrad Murray's fee three weeks after Jackson's death, court testimony revealed Monday.
The revelation contradicts AEG Live's defense that it did not hire or pay the doctor convicted in Jackson's death.
"To me, it's a mistake," AEG Live Senor Vice President and General Counsel Shawn Trell said when confronted with a letter sent to Jackson's estate.
Trell, testifying Monday in the Michael Jackson wrongful death trial, also said his company's chief financial officer made another major error by classifying Dr. Murray's fees as "production costs" and not "advances" in all of the budgets for Jackson's "This It It" tour.
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
"Mistakenly, yes," Trell said.
Despite these "mistakes," Trell called the CFO "a very detailed-oriented guy."
Jackson's mother and children are suing AEG Live, contending the concert promoter is liable in the singer's death because its executives negligently hired, retained or supervised Dr. Murray, who was convicted of involuntary manslaughter.
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 Jackson, to treat his insomnia, they argue.
Testimony from Trell -- and, earlier, AEG LIve controller Julie Hollander -- showed the company's budgets included $1.5 million to pay Murray $150,000 a month.
The budget terminology could be key in the jury's decision on AEG's liability, since production costs were the promoter's responsibility, while advances were basically loans to Jackson. The revelation that the doctor's fees were designated as production contradicts the defense that AEG lead lawyer Marvin Putnam shared with CNN before the trial.
AEG Live's role with Murray was only to "forward" money owed to him by Jackson, just as a patient would use his "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 manager's e-mails found, could be key in AEG trial
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.
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.
Wade Robson calls Michael Jackson 'a pedophile'
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.
Choreographer: AEG considered pulling plug on comeback
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 Rolling Stones tour manager at the same time he was asked to testify.
Witness: 'Everybody was lying' after Jackson died

 

[ivy]

Anthony McCartney ‏@mccartneyAP 1h
Updated story on testimony that Michael Jackson's doctor wasn't only one working on "This Is It" without contract: http://bit.ly/10ILREj
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Anthony McCartney ‏@mccartneyAP 1h
.@MUZIKfactoryTWO They didn't specifically get into the issue today of how estate handled AEG's estimate, though. Maybe later in the case.
View conversation
Anthony McCartney ‏@mccartneyAP 2h
.@MUZIKfactoryTWO ... proceeds 90/10, with the lion's share going to the estate. But that deal was to cover AEG's tour costs, as I recall.
View conversation
Anthony McCartney ‏@mccartneyAP 2h
Don't believe so. They split "This Is It" film (cont) RT @MUZIKfactoryTWO *Did MJ Estate actually pay $300K to AEG as Conrad Murray salary?*
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Anthony McCartney ‏@mccartneyAP 2h
Reposting. AEG lawyer says "This Is It" tour director Kenny Ortega worked without formal contract: http://bit.ly/10ILREj
View summary
Anthony McCartney ‏@mccartneyAP 2h
Short update: AEG attorney says "This Is It" tour director Kenny Ortega worked without contract: http://bigstory.ap.org/article/witness-aeg-spent-24-million-jackson-concerts …
View summary
Anthony McCartney ‏@mccartneyAP 2h
It looks like AEG General Counsel Shawn Trell will be on the stand all day tomorrow. Wednesday: Paul Gongaware.
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Anthony McCartney ‏@mccartneyAP 2h
We're done for the day in Jackson vs AEG. I'll have an updated story out shortly.
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Anthony McCartney ‏@mccartneyAP 3h
RIP Ray Manzarek, founding member and keyboardist of The Doors: http://wapo.st/163ln9p (@AP obit via @Chris_Talbott )
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Anthony McCartney ‏@mccartneyAP 3h
Trell said he also inquired about life insurance for Jackson. He said AEG had inquired about that for other artists, but didn't specify.
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Anthony McCartney ‏@mccartneyAP 3h
The second examination would cover illness, but insurers wanted another med exam and to attend full dress rehearsal, Trell said.
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Anthony McCartney ‏@mccartneyAP 3h
Trell said he never saw the results of the medical examination. In March, insurers wanted another exam of Jackson in London.
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Anthony McCartney ‏@mccartneyAP 3h
Trell and the broker went back-and-forth a lot over in Jan. 2009 which doctor would do the exam. In the end, a NYC doc examined Jackson.
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Anthony McCartney ‏@mccartneyAP 3h
One of the emails said Jackson was getting “mauled” by tabloid press over health concerns. Trell said concern was Jackson had skin cancer.
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Anthony McCartney ‏@mccartneyAP 3h
Emails between Trell and the broker showed there were concerns by insurers in London about Jackson’s health.
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Anthony McCartney ‏@mccartneyAP 3h
An insurance broker was pressing AEG for a medical examination of Jackson before agreeing to write the policy.
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Anthony McCartney ‏@mccartneyAP 3h
Plaintiff’s attorney Brian Panish also questioned Trell extensively about concert cancellation insurance for Jackson.
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Anthony McCartney ‏@mccartneyAP 3h
“If Michael Jackson didn’t authorize it, it wasn’t going to get paid,” Trell said regarding Tohme Tohme’s payments.
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Anthony McCartney ‏@mccartneyAP 3h
Shawn Trell testified that he found out after the contract was signed that Jackson didn’t authorize Tohme’s payments.
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Anthony McCartney ‏@mccartneyAP 3h
Jackson’s agreement with AEG Live called for Tohme to be called $100,000 a month, but Tohme was never paid.
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Anthony McCartney ‏@mccartneyAP 3h
He was asked more questions about MJ’s contract with AEG Live. He was also asked about a letter he sent to Tohme Tohme, MJ’s onetime manager
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Anthony McCartney ‏@mccartneyAP 3h
AEG general counsel Shawn Trell resumed testifying after the lunch break in the Jackson vs. AEG trial.
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Anthony McCartney ‏@mccartneyAP 5h
.@JulieSczesny @AndyLaTana No court inquiry so no idea what was said. Judge has a host of options, mistrial just one option.
View conversation
Anthony McCartney ‏@mccartneyAP 5h
. @AndyLaTana ... Jury and audience, but at this point isn't doing additional investigation. Trial proceeding.
View conversation
Anthony McCartney ‏@mccartneyAP 5h
See my later timeline. Judge admonished ... RT @AndyLaTana: Possible mistrial in KJ vs AEG. Someone spoke to a juror. From @mccartneyAP

 

[ivy]

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

ABC7 Court News ?@ABC7Courts 1h
And that wraps Day 14 of the trial. Hope to see you all tomorrow!
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ABC7 Court News ?@ABC7Courts 1h
Jackson fans made t-shirts in support Katherine Jackson w/ her picture. They wore them in the hallway as she walked in/out of the courtroom
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ABC7 Court News ?@ABC7Courts 1h
Paul Gongaware is next witness. He'll be at the courthouse first thing on Wednesday, assuming they finish with Trell by then.
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ABC7 Court News ?@ABC7Courts 1h
Court is in recess until tomorrow morning. Shawn Trell is expected to last all day on the witness stand.
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ABC7 Court News ?@ABC7Courts 1h
"I think someone took it seriously," Trell said. He was not present at the meeting, but it was with Dr. Murray.
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ABC7 Court News ?@ABC7Courts 1h
Trell said Phillips did not contact a psychiatrist, doctor or any other medical provider, but they had a meeting that same say.
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ABC7 Court News ?@ABC7Courts 1h
Email: I think the very best thing we can do is get a top Psychiatrist in to evaluate him ASAP."
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ABC7 Court News ?@ABC7Courts 1h
Email: causing the HBO Concerts to be canceled. There are strong signs of paranoia, anxiety a d obsessive-like behavior.
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ABC7 Court News ?@ABC7Courts 1h
Email: ...weakening and deepening emotional state. It is reminiscent if what Karen, Bush, Travis and I remembered just before he fainted
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ABC7 Court News ?@ABC7Courts 1h
Email from Ortega to Phillips on 6/20/09
Trouble at the Front
"I honestly don't think he's ready for this based in his continued physical"
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ABC7 Court News ?@ABC7Courts 1h
Panish: And Dr. Murray was working for AEG Live in May of 2009
Trell: No, I would totally disagree with that statement
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ABC7 Court News ?@ABC7Courts 1h
Panish asked if before a contract is written, the "meeting of the minds" is necessary. Trell agreed.
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ABC7 Court News ?@ABC7Courts 1h
Trell said Gongaware was authorized to negotiate with Dr. Murray, but he was still subject to an AEG contract.
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ABC7 Court News ?@ABC7Courts 1h
Email from Gongaware to Brother Michael on 5/6/09 regarding Dr. Murray:
"Done at $150K per month, per MJ."
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ABC7 Court News ?@ABC7Courts 1h
Another email shows Wooley asking Dr. Murray for a cancelled check for direct deposit of his monthly compensation.
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ABC7 Court News ?@ABC7Courts 1h
Email from Wooley to Murray on May 8, 09 details terms of the contract: contracting company, mode of travel, living arrangements in London
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ABC7 Court News ?@ABC7Courts 1h
Panish said Ortega didn't have a memorialized agreement. "Kenny Ortega is different from Conrad Murray," Trell said.
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ABC7 Court News ?@ABC7Courts 1h
Trell said they had agreed on the compensation for Dr. Murray, but needed to memorialize the deal in an agreement.
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ABC7 Court News ?@ABC7Courts 1h
Email: The usual and costumary date for deposit is around 15th of each month, by today's date we're 13 days beyond my monthly fee."
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ABC7 Court News ?@ABC7Courts 1h
Email cont'd: Therefore, I am asking you to deposit my fee for May in reciprocity of good faith on your part as per our agreement...
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ABC7 Court News ?@ABC7Courts 1h
Email from Dr. Murray to Wooley on May 29, 2009:
"I have performed and continue to fulfill my services to the client in good faith..."
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ABC7 Court News ?@ABC7Courts 1h
"He was rendering services to Mr. Jackson; he had not been engaged for TII tour," Trell testified.
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ABC7 Court News ?@ABC7Courts 1h
Dr. Murray was an independent contract, Trell said. An agreement is a term of conditions, not only agreement on compensation.
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ABC7 Court News ?@ABC7Courts 1h
Panish: And Dr. Murray had an agreement with AEG based on the emails?
Trell: No, Dr. Murray didn't have an agreement with AEG
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ABC7 Court News ?@ABC7Courts 1h
Trell: I don't recall, but I know initially it was more informal agreement. He (Ortega) was being paid based on the email agreement.
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ABC7 Court News ?@ABC7Courts 1h
"Ortega's contract were a series of emails between us" Trell said. "He didn't have agreement of the nature as other people had on the tour"
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ABC7 Court News ?@ABC7Courts 1h
Randy Phillips learned about MJ's physical condition through Kenny Ortega, the tour director for TII, Trell said.
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ABC7 Court News ?@ABC7Courts 1h
Trell said he never spoke with Dr. Murray about MJ's condition.
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ABC7 Court News ?@ABC7Courts 1h
Panish: Within one week of MJ's death, the executive management was told about MJ poor physical condition?
Trell: The events on June 19, yes
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ABC7 Court News ?@ABC7Courts 1h
Trell said there were no AEG employees at rehearsal on June 19. He learned about MJ's feeling ill during the executive management meeting.
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ABC7 Court News ?@ABC7Courts 1h
Panish: Did Mr. Phillips tell you MJ was in bad shape prior to June 25?
Trell: Yes, on June 19
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ABC7 Court News ?@ABC7Courts 1h
Trell has been designated as the most knowledgeable and qualified to represent AEG.
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ABC7 Court News ?@ABC7Courts 1h
Trell said he spoke with Randy Phillips about MJ's health and physical condition, as well as Phillips' interaction with Dr. Murray.
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ABC7 Court News ?@ABC7Courts 1h
Panish asked if Trell discissed w/ Taylor about recouping Dr. Murray's production cost. He said they'd typically pass along the costs
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ABC7 Court News ?@ABC7Courts 1h
Panish: Were you speaking with Taylor about MJ being sick on the day he died?
Trell: I don't recall speaking with Mr. Taylor on the 25th
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ABC7 Court News ?@ABC7Courts 1h
Panish: You made the claim the night MJ died, didn't you?
Trell: I don't recall the date; it wasn't Jun 25th when I sent letter to Taylor
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ABC7 Court News ?@ABC7Courts 1h
Trell said he was looking for other options to cover the gap for what had already been spent. AEG made a claim on the insurance, Trell said.
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ABC7 Court News ?@ABC7Courts 1h
Two days before MJ died, Trell asked broker for longer insurance coverage: "Term insurance is a reference to a form of life insurance"
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ABC7 Court News ?@ABC7Courts 1h
Panish said the amount of coverage was the maximum the underwriters were willing to cover, Trell agreed; it was effective April/early May
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ABC7 Court News ?@ABC7Courts 1h
Panish showed email from Gongaware to the insurance broker on June 24, 2009:
"Dr. Murray can comment on the availability of the records."
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ABC7 Court News ?@ABC7Courts 1h
Given the hour MJ died, Trell said he thinks he was not on the phone with Bob Taylor negotiating more insurance for MJ.
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ABC7 Court News ?@ABC7Courts 1h
Panish: You were working on getting insurance on the day MJ died, weren't you sir?
Trell: I don't recall
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ABC7 Court News ?@ABC7Courts 1h
"It was important to get that medical done," Trell testified. He said policy would kick in on death, but not illness.
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ABC7 Court News ?@ABC7Courts 1h
Email from Wooley to Trell and Phillips:
"We have no coverage against MJ sickness unless and until MJ submits to another medical in London."
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ABC7 Court News ?@ABC7Courts 1h
Panish asked if Trell sought life insurance on MJ where they would be the beneficiaries. "An inquire of that was made to Mr. Taylor."
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ABC7 Court News ?@ABC7Courts 1h
Trell said Dr. Murray was asked later to help with these answers. "It was thought that he might be of some help."
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ABC7 Court News ?@ABC7Courts 1h
Trell said he doesn't know whether this email with the requests was ever sent to MJ's people.
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ABC7 Court News ?@ABC7Courts 1h
Panish showed email from the insurance broker to AEG execs with several question: details of coverage required, if artist had doctor on tour
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ABC7 Court News ?@ABC7Courts 1h
Panish: the insurance wanted additional medical exams because they were concerned, weren't they?
Trell: I have no idea
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ABC7 Court News ?@ABC7Courts 1h
Trell said he never saw a request for a second medical exam in any tour.
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ABC7 Court News ?@ABC7Courts 1h
"The policy was otherwise issued, but this was to add illness," Trell said. They required 2nd examination in London; wanted to see rehearsal
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ABC7 Court News ?@ABC7Courts 1h
Trell said he learned through Taylor they wanted to get a number of years about MJ medical history. "They were concerned he had skin cancer"
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ABC7 Court News ?@ABC7Courts 1h
Trell said he never saw Dr. Slavit's report, or any other report, regarding MJ's physical exam; didn't know what kind of doctor he was.
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ABC7 Court News ?@ABC7Courts 1h
An email shows Trell inquired if it was really necessary to incur $10K in expense to get the medical exam completed.
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ABC7 Court News ?@ABC7Courts 1h
Trell testified that it was the broker's belief that without physical exam there would be no way to get insurance.
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ABC7 Court News ?@ABC7Courts 1h
The payment of the doctor was going to be 50/50 between the insurance broker and AEG, Trell said.
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ABC7 Court News ?@ABC7Courts 1h
Trell said he asked the question why insurance broker had chosen Dr. Slavit in NY and not a doctor in LA.
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ABC7 Court News ?@ABC7Courts 1h
Panish shows a document where MJ was required to have a physical exam so broker could take the results to the insurance companies.
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ABC7 Court News ?@ABC7Courts 1h
Bob Taylor is an insurance broker, Trell said, and Lloyds of London is one of the underwriters of the type of insurance they were seeking.
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ABC7 Court News ?@ABC7Courts 1h
On 5/5/09, MJ wrote: "At my direction and effective immediately, Dr. Tohme Tohme is no longer authorized to represent me in any capacity"
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"MJ didn't authorize, so it wasn't going to get paid," Trell said, explaining he learned it either from Randy Phillips or Frank DiLeo.
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"Subsequently, I learned Mr. Jackson had not approved the payment," Trell testified.
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Tohme was not paid. "That was because there were some conditions in the agreement not met."
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Trell said he didn't know who came up with the $100K figure to pay Mr. Tohme. "AEG was facilitating an agreement between MJ and Dr. Tohme."
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Trell said he drafted the agreement that Mr. Tohme was going to be paid by AEG as part of production cost. "We were making that payment."
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Trell said Mr. Tohme represented to him he was representing MJ. "I had no reason not to believe him," Trell said.
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"I had nothing in writing," Trell said about Tohme representing MJ. "Presumably they could've objected if they felt it wasn't true."
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Trell is registered as in-house counsel for AEG. He's never taken the CA bar test.
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Panish: are you license to practicing law in CA?
Trell: no, not in all aspects
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Trell said there was nothing in writing saying Mr. Tohme was an officer of MJ's company. He said Mr. Tohme verbalized it to him, though.
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Panish explained the letter was to get confirmation of all the money spent so AEG could recoup the money spent.
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The letter was drafted on June 28, 2009, 3 days of MJ's death. "I wouldn't characterize it as trying to get the monies back," Trell said.
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Panish: After MJ died, you drafted an agreement to approve productions costs?
Trell: Yes
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As to non-appearance insurance, Trell said he got insurance for $17.5 million.
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"I don't know when I became aware the production cost exceeded $7.5 million," Trell testified.
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The development of a tour is a fluid thing, there were conversations between our side and MJ's side all the time, Trell said.
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By the time they spent $35 million, tickets were already been sold, Trell said and they knew tour was sold out.
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"There's an inherent risk in any commercial undertaking," Trell said. It wasn't a sure thing that AEG would get back the $35 million spent.
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As of June 2009, Trell said AEG was not sure the extent of Jackson's assets to secure the interests of the company.
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Panish shows a document with AEG Mission Statement. One of bullet points is "to create land maximize revenue streams."
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After lunch break, Panish asked Trell is AEG was getting 5% as producer and 10% as promoter of the show, and he said yes.
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Panish asked if Dr. Murray was listed in every budget after May 8, 09: "He was listed incorrectly as production cost," Trell said.
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"This was the only time we paid a personal manager," Trell testified. AEG Live's producer's fee: 5 percent of net tour income.
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Panish asked if AEG Live ever had a contract that included pay for artist's personal manager's salary: "I don't recall one."
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Trell said Tohme Tohme was acting as MJ's manager at the time and was to be paid no more than $100,000.
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AEG was to assist MJ to get $15 million in credit line, or would advance the money, so MJ could buy a house in Las Vegas, Trell testified.
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Trell said MJ was already in the house at Carolwood when they entered into the agreement.
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MJ was given $5 million in advance: $3 million was to pay settlement of a lawsuit, $100,000/month for Carolwood house lease.
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AEG never paid Dr. Murray. "To me, it was a mistake," Trell said about including payment to Dr. Murray.
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The report included $300K to pay Dr. Murray. Panish noted that the report was sent to MJ's Estate to recoup money "spent."
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The report indicated around $30 million had been spent on the production of the tour.
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"This report was sent to the Estate as an accounting and an effort to recoup the money based on the agreement," Trell said.
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Panish showed an AEG Live letter written to MJ's Estate with costs incurred for the tour. It was signed by AEG's CFO.
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Panish asked if AEG Live sent a letter to MJ's Estate after he died trying to recoup money. Trell said he didn't recall.
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Panish said the witnesses he will spend most time on are Randy Phillips, Paul Gongaware and Shawn Trell.
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Panish said Trell has been designated in 24 categories as having knowledge and being the most qualified to speak on behalf of AEG.
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Outside the presence of the jury, Jessica Stebbins Bina said there are about 200,000 pages of documents.
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Trell said he's confident he turned over all the material requested of AEG Live.
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Trell said he never heard that Randy Phillips spoke with DreamWorks about producing a MJ movie.
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Trell said he was involved in drafting the agreement, but in his deposition, he said he had drafted it himself.
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Panish: Did you enter in a contract with Mr. Jackson for TII tour?
Trell: Yes
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Trell said he produced all the materials LAPD asked of him. Panish asked if he turned over only one email, and he said he didn't recall.
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ABC7 Court News ?@ABC7Courts 5h
Lunch break is almost over. Court to resume with Trell on the stand.
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Trell was interviewed by LAPD. "I think they were interested in what we knew about Dr. Murray," she testified.
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Trell said he never discussed with Tim Leiweke, former AEG's CEO, about MJ. Leiweke is no longer with AEG, Trell said.
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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
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Marvin Putnam and Trell went to Georgetown Law School together, but only realized they went to same school after trial started.
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"I'm the client's representative in the court," Trell said.
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Trell said he met with defendants attys for a few hours Saturday and Sunday, reviewed documents to refreshed his recollection.
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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.
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Katherine Jackson's attorneys called Shawn Trell as next witness. Brian Panish doing questioning, Trell is an adverse witness.
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Julie Hollander was then excused subject to recall if needed.
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"My estimates was 20 tours up until 2009," Hollander said. From 09 to today, she said it's upward of 100.
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"Acting as producer you get more money than just as promoter, right?" Panish asked. Hollander agreed, saying they have earning potentials.
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Panish: Do you have any understanding whether Dr. Murray expected to get paid?
Hollander: Only along those lines, yes
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Hollander said she looked through materials at work and it refreshed her recollection. Panish said he wants to see the list of tours.
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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.
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Panish: You don't know whether the artist was suppose to approve the cost while it was incurred and not after his death, correct?
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Hollander said the Michael Jackson Estate approved the cost of the tour expenses incurred by AEG.
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AEG Live is more promoter than producers of shows, Hollander said. They promoted upwards of 100 tours, produced only few, she testified.
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Hollander said tour promoters don't get involved in what it takes to actually put the show together. The artist does.
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Hollander said there's a policy against paying people without fully executed contract.
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Panish asked Hollander if there's written policy against someone working for AEG without executed contract? She said she isn't aware of any
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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?"
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"I know in my experience it's not typical for a promoter or producer to hire a doctor," Hollander said.
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"I've never been involved in a tour where AEG hired a doctor," Hollander said. "It's never happened before."
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"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
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"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
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Panish: Is it your experience people sign draft agreements?
Hollander: My experience is that until everyone signs, it can be changed
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"In my experience, a draft is a term used to describe an agreement that has not been signed by all parties involved," Hollander explained.
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Panish shows Dr. Murray's contract and asked Hollander if anywhere in the agreement is says this was a draft agreement.
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Contract: promoter shall make advanced to cover mutually-approved production costs up to but not exceeding $7.5 million.
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But all the estimates include payment for Dr. Murray, Panish asked. "That's what shows in this paper," Hollander responded.
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Panish: You didn't pay Dr. Murray, did you?
Hollander: No
Panish: That's why it's not there (on doc shown)
Hollander: Yes
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Hollander didn't know the per diem schedule, so she said she didn't know the answers.
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Panish: Budget and actual payment for rehearsals per diem were different because Mr. Jackson died, correct?
Hollander: No
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Panish: Do you know what that $18,000 is for?
Hollander: No
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In re-cross, Panish asked Hollander if it was true that public relations was not paid $18,000 because MJ died. She said no.
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Budget Total:
Budget: $22,228,000
Actual: $24,835,011
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Management Medical
Budget:$300,000
Actual: Zero

Public Relations
Budget: $18,000
Actual: Zero
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Rehearsal Per Diems:
Budget: $175,000
Actual: $89, 751

Rehearsal Facilities:
Budget: $871,000
Actual: $1,553,558
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Next document Bina showed a comparison of Budget v. Actual expenses as of Oct. 2009.
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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.
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Hollander explained that budget is a tool where you plan your future expenses. The book documents the actual expenses incurred.
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Hollander said she has never seen an agreement where the artist had to sign off on a contract for services.
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Hollander says Dr. Murray could only be paid after the contract was fully executed, including signature of MJ, due to nature of the service
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Contract: Dr. Murray represented he's licensed cardiologist practicing in Las Vegas an that he acts as the Artist's general practitioner
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Based on the contract, Hollander said payment for Dr. Murray should be to GCA, the doctor's employer.
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Hollander said AEG never paid Dr. Conrad Murray because the contract had not been fully executed.
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Each member of the crew, dancers, musicians had an agreement as to weekly payment, Hollander explained.
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Jessica Bina resumed re-direct of AEG Controller Julie Hollander.
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Judge Yvette Palazuelos admonished the audience that no one is allowed to talk to jurors. Someone approached one of them. Big No, No!
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Katherine Jackson present in the courtroom, wearing a bright purple jacket, accompanied by Rebbie, wearing black jacket with floral details.
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Hello for the courthouse in downtown LA. Day 14 of Jackson Family vs AEG trial is underway. We're now at lunch break.

 

[ivy]

Michael Jackson paranoid, anxious, obsessive, director says

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Michael Jackson (Los Angeles Times)
By Jeff Gottlieb
May 20, 2013, 6:10 p.m.
Five days before he died, Michael Jackson was in such a sorry mental state that the director of his ill-fated “This Is It” concert series said he needed a psychiatric evaluation.

Kenny Ortega sent the June 20, 2009, email to Randy Phillips, president and chief executive of AEG Live, which was putting on the 50 London concerts. He wrote “trouble at the front” in the email’s subject line.

“I honestly don’t think he is ready for this based on the continued physical weakening and deepening emotional state,” Ortega wrote. “There are strong signs of paranoia, anxiety and obsessive-like behavior. I think the very best thing we can do is get a top Psychiatrist in to evaluate him ASAP. It’s like there are two people there. One (deep inside) trying to hold on to what he was and still can be and not wanting us to quit him, the other in his weakened and troubled state … I honestly felt if I had encouraged or allowed him on stage last night he could have hurt himself. I believe we need professional guidance in this matter.”

The email was shown to the jury in the Jackson wrongful death lawsuit during the testimony of Shawn Trell, AEG’s senior vice president and general counsel. He said he learned of Jackson’s frail condition from Phillips and Paul Gongaware, another top executive, at a meeting of AEG Live’s executive committee.

Trell said the company’s response was to hold a meeting that day with Jackson and his doctor, Conrad Murray. “…so I think they took it seriously,” he said.

Phillips turned down the request for a psychiatrist. In emails previously published by The Times, Phillips wrote, "It is critical that neither you, me or anyone around this show become amateur psychiatrists or physicians."

At the meeting, Jackson said he would improve and Murray agreed to help. Others have said that Jackson did great during the next two days of rehearsals. "Michael and the doctor stressed that he was OK. They had it under control," Marvin Putnam, AEG’s attorney, has said.

Murray was convicted of involuntary manslaughter for giving Jackson a fatal dose of the anesthetic propfol to treat his insomnia. His mother and three children have sued Anschutz Entertainment Group, saying the company negligently hired and supervised Murray. AEG says that any money it was supposed to pay Murray was an advance to Jackson.

 

[qbee]

Jacksons vs AEG - Day 15 - May 21 2013 - News Only (no discussion)

Jacksons vs AEG - Day 15 - May 21 2013 - News Only (no discussion)

Use this thread to post any and all news stories from day 15 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]

LAWYER REVISES TESTIMONY ON 'THIS IS IT' CONTRACT
By ANTHONY McCARTNEY
— May. 21 2:02 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. An AEG Live accounting executive testified Monday, May 20, 2013, in a Los Angeles courtroom that the company spent $24 million on preparations for Jackson’s ill-fated “This Is It” shows, however never paid the singer’s personal doctor convicted of involuntary manslaughter because a fully-signed agreement was never obtained. (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. An AEG Live accounting executive testified Monday, May 20, 2013, in a Los Angeles courtroom that the company spent $24 million on preparations for Jackson’s ill-fated “This Is It” shows, however never paid the singer’s personal doctor convicted of involuntary manslaughter because a fully-signed agreement was never obtained. (AP Photo/ Kevin Mazur, AEG/Getty Images, File) ** NO SALES, ARCHIVE OUT. MANDATORY CREDIT **
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LOS ANGELES (AP) — A corporate lawyer for concert giant AEG Live LLC on Tuesday revised his testimony and said the tour director of Michael Jackson's ill-fated "This Is It" concerts had a signed contract.

AEG Live General Counsel Shawn Trell told jurors that he had forgotten that Kenny Ortega was working under a signed contract.

He told the panel on Monday that Ortega was working under an agreement reached through a series of emails, not a formalized contract.

Ortega's contract was not shown to jurors. The choreographer and director might testify later in the civil trial.

Trell testified as a witness for AEG Live and is considered the most knowledgeable person on numerous issues, including contracts and Jackson's health. He said he was reminded of Ortega's contract by AEG trial lawyers on Monday night.

Jackson's mother has sued AEG, claiming it was negligent in hiring Conrad Murray, the doctor who was later convicted of involuntary manslaughter in the death of Jackson.

Katherine Jackson claims AEG failed to properly investigate Murray before hiring him to serve as her son's tour physician, and that the company missed or ignored red flags about the singer's health before his death.

AEG denies it hired Murray, or bears any responsibility for the singer's death.

Attorney Brian Panish, who represents Katherine Jackson, on Monday compared Ortega's emails to messages between the promoter and the singer's personal physician laying out how he would be compensated.

Trell has said the situations of Ortega and Conrad Murray were not similar, and the emails to Murray did not demonstrate an employment relationship — a key element of the case.

Trell was the second AEG executive to testify in the trial, which is entering its fourth week. AEG attorneys have yet to question him.

He also testified that the company obtained an insurance policy that covered the possible cancellation of some of the "This Is It" shows after a physician evaluated the singer.

Trell testified that five days before Jackson's death, top AEG executives were informed the singer was in poor health. By that point, Ortega had sent executives an email titled "Trouble at the front" detailing Jackson's problems.

"There are strong signs of paranoia, anxiety, and obsessive-like behavior," Ortega wrote to AEG Live CEO Randy Phillips. Jackson's symptoms were reminiscent of behavior that led to the cancellation of an HBO concert earlier in the decade. Ortega wrote.

 

[ivy]

Anthony McCartney ‏@mccartneyAP 1m
Updated story on this morning's change in AEG lawyer Shawn Trell’s testimony:
http://bit.ly/12Tdhdu
View summary Reply Retweet Favorite More
Anthony McCartney ‏@mccartneyAP 9m
Panish also displayed emails between AEG Live CEO Randy Phillips and exec Paul Gongaware on Jackson’s health.
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Anthony McCartney ‏@mccartneyAP 9m
Panish and Trell reviewed several of the emails that have already been shown, including Ortega’s concerns about MJ’s health.
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Anthony McCartney ‏@mccartneyAP 9m
Plaintiff’s attorney Brian Panish asked Trell about emails regarding insurance for Jackson, and the singer’s health.
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Anthony McCartney ‏@mccartneyAP 12m
We're on the morning break in Jackson vs. AEG. Updated story on Shawn Trell's revised testimony coming soon.
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Anthony McCartney ‏@mccartneyAP 13m
AEG lawyer now says Kenny Ortega had signed contract, reversing his testimony from yesterday: http://yhoo.it/14NSTMj
View summary
Anthony McCartney ‏@mccartneyAP 2h
AEG General Counsel Shawn Trell will be on the stand. Expected to be testifying all day. #JacksonTrial
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Anthony McCartney ‏@mccartneyAP 2h
Getting close to starting in Jackson vs AEG trial. Katherine, Rebbie and Trent just arrived at the courtroom.

 

[ivy]

Re: Jacksons vs AEG - Day 15 - May 21 2013 - News Only (no discussion)

ABC7 Court News ?@ABC7Courts 3m
Lunch break is almost over. Trell resumes testimony shortly. More to come soon!
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ABC7 Court News ?@ABC7Courts 4m
Trell said he is not familiar with background check process for hiring.
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Trell said he was involved in the hiring by AEG Live for the TII tour. His department was responsible for retaining independent contractors.
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ABC7 Court News ?@ABC7Courts 5m
"We don't do background checks on independent contractors," Trell said.
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Background check costs around $40 to $125. Trell said AEG Live could afford this fee.
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ABC7 Court News ?@ABC7Courts 5m
Next line of questioning is about human resources and background checks. Trell said they can be valuable and useful tools when hiring.
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"What were his observations of MJ's physical condition during rehearsal," Trell said. "I asked for his (Phillips) personal opinion."
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Trell said he never saw the emails from Phillips directing people to exclude images from TII of MJ looking "skeletal" while rehearsing.
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The head of the marketing department attended rehearsal on June 23, 2009. "She was blown away by it," Trell testified.
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Trell said Randy Phillips went to a handful of rehearsals, three at the Forum and two at Staples Center.
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Email cont'd: obviously, getting him there is not the issue. It is much deeper.
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From Phillips to Gongaware, on 6/20/09 at 2:01 pm
He is not a psychiatrist so I'm not sure how effective he can be at this point...
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From Gongaware to Phillips, on 6/20/09 at 5:59 am
Take the doctor with you. Why wasn't he there last night?
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Email cont'd: Chemical or Physiological?
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Email from Phillips to Gongaware on 6/20/09 at 1:52 am
Tim and I are going to see him tomorrow, however, I'm not sure what the problem is
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ABC7 Court News ?@ABC7Courts 13m
Trell has been designated as the most qualified person to speak on behalf of AEG.
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He said he spoke with Randy Phillips about Phillips' perception of MJ in order to prepare for testifying, but not about specific emails.
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Email cont'd: based on his continued physical weakening and deepening emotional state..."

Trell said he didn't see these emails.
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Email from Ortega to Randy Phillips on 6/20/09: (chain of emails)
"I honestly don't think he is ready for this...
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Trell said Mr. Phillips never told him about this email.
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ABC7 Court News ?@ABC7Courts 14m
Email cont'd: Do we know whether there is a substance issue involved (perhaps better discusses on the phone).
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Email cont'd: advisor/substance abuse counselor who could help (recently helped Mike Tyson get sober and paroled)
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Email from John Branca to Phillips, Gongaware, Joel Katz, Frank DiLeo, Michael Kane on 6/20/09

"I have the right therapist/spiritual...
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"I think he recognized there was a problem on the 19th," Trell said. "I would take it seriously, as I believe Mr. Phillips did."
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Email from Randy Phillips to Tim Leiweke on 6/19/09
"We have a huge problem here."
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Email cont'd: The company is rehearsing right now, but the DOUBT is pervasive.
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Email cont'd: He was a basket case and Kenny was concerned he would embarrass himself on stage, or worse yet, be hurt.
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Email cont'd: MJ was sent home without stepping foot on stage.
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Email from Production Manager - Gongaware/Phillips on 6/19/09
Paul/Randy
I'm not bring a drama queen here. Kenny asked me to notify you both
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Email from 6/17/09 from Gongaware to Phillip's assistant:
"We need a physical therapist and a nutritionist"
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Email cont'd: "...with him to get him to focus and come to rehearsal"
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Email from 6/17/09 from Phillips
...Ortega, Gongaware, Dileo, and his doctor Conrad from Vegas and I have an intervention...
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"I was aware of MJ's doctor not allowing him to attend rehearsal," Trell said.
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Trell said he's aware of email from Ortega saying doctor was not allowing MJ to attend rehearsal on June 14, 2009.
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"I had heard about rehearsals in which Mr. Jackson was fantastic," Trell said.
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Trell said he spoke with Randy Phillips and Paul Gongaware about Michael Jackson's physical condition prior to coming to testify.
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"It seems to me we submitted this report for their review, I don't see any request for payment," Trell said.
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This was a letter sent to the estate containing the expenses incurred, Trell said.
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ABC7 Court News ?@ABC7Courts 31m
Next topic: Budget/Costs. Panish showed an email from AEG's Rick Webking to MJ's Estate with 1st report of artist advances/expenses
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ABC7 Court News ?@ABC7Courts 35m
Email cont'd: The doctor is holding the afternoon of the 6th July open at Harley St. But keep in mind the visit could take 2 hours plus
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ABC7 Court News ?@ABC7Courts 36m
Email from 6/25/09: Taylor to Gongaware
The consultation in London is critical...
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ABC7 Court News ?@ABC7Courts 36m
Email from 6/25/09: Gongaware to Taylor
"If we don't get sickness coverage, we are dropping this policy"
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ABC7 Court News ?@ABC7Courts 37m
Email cont'd: they feel if they're to consider providing illness to cover this particular artist, they must have very through medical report
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ABC7 Court News ?@ABC7Courts 37m
Email from 6/24/09: Taylor to Trell
Insurers have refused to move on this. Huge amount of speculation in the media regarding artist's health
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ABC7 Court News ?@ABC7Courts 39m
Trell said if they secured life insurance, they would get money if MJ died. "We would get the money owed to us, yes," Trell testified.
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ABC7 Court News ?@ABC7Courts 40m
Email from 6/23/09: Trell to Taylor
"Any update on the availability of Term insurance?" (life insurance)
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ABC7 Court News ?@ABC7Courts 40m
Email from 5/28/09: Trell to Taylor:
"We really need to get that medical done"
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ABC7 Court News ?@ABC7Courts 41m
Email from 4/30/09: Wooley to Trell
"We have no coverage against MJ sickness unless and until MJ submits to another medical in London"
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ABC7 Court News ?@ABC7Courts 41m
Email cont'd: "They may restrict illnes cover or death from illness cover until this examination has taken place."
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ABC7 Court News ?@ABC7Courts 42m
Email on 3/20/09: Insurance broke to Gongaware:
Insurers require further medical examination to be carried out by their nominated doctor
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ABC7 Court News ?@ABC7Courts 44m
Email cont'd: W/ both blood/urine tests. The doctor also want to review the medical records over the last 5 years to ensure full disclosure
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ABC7 Court News ?@ABC7Courts 45m
Email from Bob Taylor to Trell on 1/7/09:
prior to speaking w/ carriers we ask the artist to attend medical with a doctor... A full medical
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ABC7 Court News ?@ABC7Courts 47m
Panish showed several chains of emails where the parties talked about the insurance for the tour.
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ABC7 Court News ?@ABC7Courts 47m
Next topic was Insurance: Cancellation/Non-Appearance/Sickness. Trell said he started working on insurance for MJ tour in November of 2008.
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ABC7 Court News ?@ABC7Courts 49m
Trell said he was changing his testimony from yesterday to add that Ortega had a written contract, not only emails between him and AEG.
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ABC7 Court News ?@ABC7Courts 50m
"I remember the email dynamic. I'm not too proud to admit that I didn't recall the cover contract," Trell said.
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ABC7 Court News ?@ABC7Courts 51m
Trell said he met with his attorneys last night and reviewed one doc -- Kenny Ortega's contract. "He had a written contract," Trell said
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ABC7 Court News ?@ABC7Courts 1h
Rebbie brought a Jehovah's Witness Bible with her. She was reading it before court began this morning.
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ABC7 Court News ?@ABC7Courts 1h
Katherine Jackson present in court wearing a white polka dot jacket. Rebbie is wearing a navy blue jacket.
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ABC7 Court News ?@ABC7Courts 1h
Hello from the courthouse in downtown LA. Day 15 of Jackson Family vs AEG'S trial underway. AEG's Shawn Trell currently on the stand.

 

[ivy]

Michael Jackson's family offered to settle lawsuit, lawyer says

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By Jeff Gottlieb
May 21, 2013, 12:30 p.m.
A lawyer for Michael Jackson’s family said they offered to settle their wrongful-death suit against concert promoter Anschutz Entertainment Group, but that they never got an answer.

Kevin Boyle, an attorney for Jackson’s mother and three children, said the family made the offers in January and March.

Boyle would not provide details but said AEG’s insurance would have paid, “which means they could have settled the case without them paying a dime of their money.”

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FULL COVERAGE: AEG wrongful death trial

He said AEG has never offered to settle “and they haven’t apologized.”

Marvin Putnam, an attorney for AEG, said it was inappropriate to discuss settlement discussions.

“We don’t settle matters that are utterly baseless,” he said. “We believe that is the case in this matter. I can’t see why we would consider a settlement as anything other than a shakedown.”

AEG was the promoter and producer of Jackson's comeback concert series in London. The singer died June 25, 2009, at the end of rehearsals, of an overdose of the anesthetic propofol administered by Dr. Conrad Murray.

PHOTOS: Michael Jackson | 1958-2009

The Jacksons say in their lawsuit that AEG negligently hired and supervised Murray. AEG says Jackson hired Murray and that any money the firm was supposed to pay him would have been loans to the singer.

The trial, in its fourth week, is expected to take as long as three more months.

http://www.latimes.com/local/lanow/la-me-ln-michael-jackson-trial-20130521,0,6307620.story

 

[ivy]

Lawyer: No background check done on Jackson doctor
By ANTHONY McCARTNEY | Associated Press – 32 mins ago
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LOS ANGELES (AP) — AEG Live LLC did not conduct any background checks or supervise the doctor who was later convicted of killing Michael Jackson, a corporate attorney testified Tuesday in a lawsuit claiming the concert promoter was negligent in hiring the physician.
AEG Live General Counsel Shawn Trell told jurors that no legal or financial checks were done involving Conrad Murray or anyone else who worked as an independent contractor on the "This Is It" shows.
Jackson's mother Katherine is suing AEG claiming it failed to properly investigate Murray, who was deeply in debt when he agreed to serve as Jackson's tour physician in 2009 for $150,000 a month.
Trell said he thought a background check would be appropriate for people working in financial roles, but not tour personnel who weren't employees of AEG.
Murray's employment status is a central issue in the case. Katherine Jackson's lawyers contend he was hired by AEG, but the company denies it hired him and notes the singer died before signing the doctor's contract.
Trell also acknowledged while testifying that numerous people in the company knew of concerns that Jackson's health was declining.
Five days before Jackson died, AEG Live CEO Randy Phillips alerted the promoter's parent company that Jackson had missed a rehearsal and didn't appear to be ready for his comeback concerts.
"We have a real problem here," Phillips wrote in the message to the CEO of Anschutz Entertainment Group.
Trell agreed with a statement by plaintiff's attorney Brian Panish that company executives knew by then there was a "deep issue" with Jackson.
Trell also said he continued discussions with an insurance broker about additional coverage to recoup AEG Live's investment if the tour had to be canceled.
Hours after Phillips sent the warning email, attorney John Branca, who later became co-executor of Jackson's estate, offered to enlist a spiritual and substance abuse specialist to help Jackson, according to an email shown in court.
On that same day, Phililps and others met with Jackson and Murray at the singer's home.
Trell also testified on Tuesday that no one at AEG supervised or monitored Murray, who was convicted in 2011 of administering a fatal dose of the anesthetic propofol to Jackson.
Trell is considered the most knowledgeable person on numerous issues involving the shows, including contracts and Jackson's health. He has not yet been questioned by AEG's trial lawyers.
Earlier in the day, Trell revised previous testimony in which he told jurors that tour director Kenny Ortega worked on "This Is It" without a contract.
The lawyer said Monday that Ortega worked under an agreement forged through a series of emails but didn't have a signed contract.
On Tuesday, he told jurors he was mistaken, and Ortega did have a contract that was not displayed in court.
He said he was reminded of Ortega's agreement by AEG's trial attorneys.

 

[ivy]

Anthony McCartney ‏@mccartneyAP1h
Court is in a sidebar. Here's updated @AP story on AEG lawyer admitting no background check done on Jackson's doctor: Lawyer: No background check done on Jackson doctor

Anthony McCartney ‏@mccartneyAP1h
The story also has some details on an email Jackson estate co-executor John Branca sent AEG execs before MJ's death: Lawyer: No background check done on Jackson doctor

Anthony McCartney ‏@mccartneyAP11 m
A few quick updates while on a break from Jackson vs. AEG trial. Plaintiff's side finished their questioning.

Anthony McCartney ‏@mccartneyAP11 m
After lunch, plaintiff’s attorney Brian Panish asked AEG Live General Counsel Shawn Trell about an LAPD interview.

Anthony McCartney ‏@mccartneyAP11 m
The interview with detectives was in January 2010. A detective wrote in a summary that AEG told them it agreed to pay Murray $150k (cont)

Anthony McCartney ‏@mccartneyAP11 m
(cont) ... and also provide a nurse and medical equipment for the care of Jackson.

Anthony McCartney ‏@mccartneyAP10 m
Panish wrapped up his questioning around 2:30 p.m. PDT, and AEG attorney Jessica Stebbins Bina began her questioning.

 

[ivy]

Lawyer: No background check done on Jackson doctor
By ANTHONY McCARTNEY | Associated Press – 20 mins ago
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FILE - In this March 5, 2009 file …
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LOS ANGELES (AP) — AEG Live LLC did not conduct any background checks or supervise the doctor who was later convicted of killing Michael Jackson, a corporate attorney testified Tuesday in a lawsuit claiming the concert promoter was negligent in hiring the physician.
AEG Live General Counsel Shawn Trell told jurors that no legal or financial checks were done involving Conrad Murray or anyone else who worked as an independent contractor on the "This Is It" shows.
Jackson's mother Katherine is suing AEG claiming it failed to properly investigate Murray, who was deeply in debt when he agreed to serve as Jackson's tour physician in 2009 for $150,000 a month.
Trell said he thought a background check would be appropriate for people working in financial roles, but not tour personnel who weren't employees of AEG.
Murray's employment status is a central issue in the case. Katherine Jackson's lawyers contend he was hired by AEG, but the company denies it hired him and notes the singer died before signing the doctor's contract.
Trell also acknowledged while testifying that numerous people in the company knew of concerns that Jackson's health was declining.
Five days before Jackson died, AEG Live CEO Randy Phillips alerted the promoter's parent company that Jackson had missed a rehearsal and didn't appear to be ready for his comeback concerts.
"We have a real problem here," Phillips wrote in the message to the CEO of Anschutz Entertainment Group.
Trell agreed with a statement by plaintiff's attorney Brian Panish that company executives knew by then there was a "deep issue" with Jackson.
Trell also said he continued discussions with an insurance broker about additional coverage to recoup AEG Live's investment if the tour had to be canceled.
Hours after Phillips sent the warning email, attorney John Branca, who later became co-executor of Jackson's estate, offered to enlist a spiritual and substance abuse specialist to help Jackson, according to an email shown in court.
On that same day, Phillips and others met with Jackson and Murray at the singer's home.
Hours later, Phillips sent an email to tour director Kenny Ortega telling him not to worry. Ortega had expressed grave concerns about Jackson.
"This doctor is extremely successful — we check everyone out — and he does not need this gig so he (is) totally unbiased and ethical," Phillips wrote.
Panish called Phillips' statement "a flat out lie" and asked Trell whether he agreed with it or if it signified how AEG did business. Trell said he didn't know what Phillips thought he knew when he wrote the message.
"I know this statement is not accurate, but you'd have to speak with Mr. Phillips about what he thought or meant in saying it," Trell said.
Phillips is listed as a potential witness in the case, and Trell said he expects him to testify later in the trial.
Outside court, AEG's attorney Marvin S. Putnam declined comment on the email or Panish's characterization of it.
Trell also said on Tuesday that no one at AEG supervised or monitored Murray, who was convicted in 2011 of administering a fatal dose of the anesthetic propofol to Jackson.
Trell is considered the most knowledgeable person on numerous issues involving the shows, including contracts and Jackson's health. He has not yet been questioned by AEG's trial lawyers.
Earlier in the day, Trell revised previous testimony in which he told jurors that tour director Ortega worked on "This Is It" without a contract.
The lawyer said Monday that Ortega worked under an agreement forged through a series of emails but didn't have a signed contract.
On Tuesday, he told jurors he was mistaken, and Ortega did have a contract. The agreement was signed in April and included three pages of legal text and several pages of emails laying out the terms.
Trell said he had been reminded of Ortega's agreement by AEG's trial attorneys.

 

[ivy]

Anthony McCartney ‏@mccartneyAP 1m
Lawyer: No background check done on Jackson doctor: http://yhoo.it/16MrxtZ (Updated @AP story on today's testimony)
View summary Reply Retweet Favorite More
Anthony McCartney ‏@mccartneyAP 4m
Shawn Trell is expected to be on the stand all day tomorrow. AEG exec Paul Gongaware likely to start testifying on Thursday.
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Anthony McCartney ‏@mccartneyAP 4m
AEG attorney Jessica Stebbins Bina told Trell she'd ask him about contract and Tohme agreement in more detail Wednesday.
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Anthony McCartney ‏@mccartneyAP 5m
... and by that point Tohme was no longer Jackson's manager, so he wasn't entitled to be paid his monthly fee.
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Anthony McCartney ‏@mccartneyAP 5m
However, Trell said Tohme's agreement was predicated on Jackson getting tour cancellation insurance by a certain date. Deadline passed ...
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Anthony McCartney ‏@mccartneyAP 6m
Oh Tohme's $100k per month agreement, Trell was shown a January contract that Jackson signed to pay that amount.
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Anthony McCartney ‏@mccartneyAP 6m
Jackson's contract called for him to represent to AEG that he didn't have any health conditions that would keep him from performing.
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Anthony McCartney ‏@mccartneyAP 7m
Trell was also asked about elements of tour insurance policies and an agreement with former manager Tohme Tohme.
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Anthony McCartney ‏@mccartneyAP 9m
Jackson would have received the 90 percent portion, Trell said. Jackson also on the hook for a 5% production fee.
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Anthony McCartney ‏@mccartneyAP 10m
Trell called the second and third option like an interest-free loan. In Jackson's case, AEG agreed to a 90/10 split of show's proceeds.
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Anthony McCartney ‏@mccartneyAP 11m
The third option, Trell said, is the artist pays someone like AEG Live to produce and promote the show, with costs to come out of their pay
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Anthony McCartney ‏@mccartneyAP 12m
A second scenario is that the promoter gives artist an advance, and then they use the money to put together the show.
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Anthony McCartney ‏@mccartneyAP 13m
Trell explained to jury how concerts get paid for. One scenario is artist pays for production up front.
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Anthony McCartney ‏@mccartneyAP 21m
Trell said he reviewed the Ortega agreement Monday night after his testimony earlier in the day that there wasn’t a formal contract.
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Anthony McCartney ‏@mccartneyAP 22m
The first three pages included some paragraphs that described who owned the rights to “This Is It” content.
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Anthony McCartney ‏@mccartneyAP 22m
The agreement was three pages of legalese, with several pages of emails attached that confirmed the terms.
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Anthony McCartney ‏@mccartneyAP 22m
Before the afternoon break, Trell and jury were shown Kenny Ortega’s tour agreement. It was signed in April 2009.
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Anthony McCartney ‏@mccartneyAP 22m
Stebbins Bina then showed a Sept. 2009 report of “This Is It” finances to Michael Jackson’s estate. Murray’s fee not listed in that document
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Anthony McCartney ‏@mccartneyAP 23m
“Contract is not signed by Michael Jackson and such signature was condition precedent to any payment obligation.” _ Footnote on Murray fee.
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Anthony McCartney ‏@mccartneyAP 23m
Murray’s fee on the document had a footnote. Trell read what that footnote said, and explained why estate wasn’t asked for Murray’s fee.
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Anthony McCartney ‏@mccartneyAP 23m
Stebbins Bina asked about the inclusion of Murray’s fee in the document. She said she wanted to show something Panish didn't.
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Anthony McCartney ‏@mccartneyAP 23m
Shawn Trell said it was done at the request of the estate. He said Jackson’s estate wanted to know state of tour finances when Jackson died.
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Anthony McCartney ‏@mccartneyAP 23m
She asked Shawn Trell about the estimate presented to Jackson’s estate that included Murray’s $300k fees. She asked why it was prepared.
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Anthony McCartney ‏@mccartneyAP 24m
Panish wrapped up his questioning around 2:30 p.m. PDT, and AEG attorney Jessica Stebbins Bina began her questioning.
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Anthony McCartney ‏@mccartneyAP 24m
It’s unclear whether the juror was reacting to the objections, the judge’s ruling, or the line of questioning.
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Anthony McCartney ‏@mccartneyAP 24m
After one of the objections, one of the jurors, who was leaning forward in his seat during questions, chuckled.
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Anthony McCartney ‏@mccartneyAP 24m
An AEG attorney objected, saying the questions were argumentative. Judge Yvette Palazuelos sustained this and other objections on Panish Qs.
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Anthony McCartney ‏@mccartneyAP 25m
One of Panish’s questions was whether Trell thought Phillips’ email was “acceptable conduct.”
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Anthony McCartney ‏@mccartneyAP 25m
Panish then asked several pointed questions about whether Shawn Trell agreed with Phillips telling Ortega they’d checked Murray out.
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Anthony McCartney ‏@mccartneyAP 25m
Panish: “That is a flat out lie, isn’t it sir?” Trell: “I don’t know what Mr. Phillips thought or intended in writing that sentence.”
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Anthony McCartney ‏@mccartneyAP 26m
Trell also said he expected Randy Phillips to testify at some point during the trial, so he could address the email himself.
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Anthony McCartney ‏@mccartneyAP 26m
Trell responded that he didn’t know what Phillips knew or was thinking when he wrote that email to Ortega.
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Anthony McCartney ‏@mccartneyAP 26m
Panish asked Trell whether Phillips’ characterization to Ortega, given no background check was done, was a lie.
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Anthony McCartney ‏@mccartneyAP 26m
Rest of Philips’ email re: Murray: “... so he (is) totally unbiased and ethical.”
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Anthony McCartney ‏@mccartneyAP 27m
“This doctor is extremely successful (we check everyone out and he does not need this gig,” Phillips wrote.
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Anthony McCartney ‏@mccartneyAP 27m
Jury was shown an email that Phillips sent to Kenny Ortega on night of June 20, 2009. It was email urging Ortega to stand down.
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Anthony McCartney ‏@mccartneyAP 27m
Plaintiff's attorney Brian Panish questioned Shawn Trell this afternoon about CEO Randy Phillips’ interactions with Murray.
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Anthony McCartney ‏@mccartneyAP 28m
Done for the day in Jackson vs. AEG Live. I'll update with some of the day's action 'til my laptop dies.
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Anthony McCartney ‏@mccartneyAP 1h
I'll have other updates after court wraps up for the day. An updated story will be out shortly.
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Anthony McCartney ‏@mccartneyAP 1h
Panish wrapped up his questioning around 2:30 p.m. PDT, and AEG attorney Jessica Stebbins Bina began her questioning.
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Anthony McCartney ‏@mccartneyAP 1h
(cont) ... and also provide a nurse and medical equipment for the care of Jackson.
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Anthony McCartney ‏@mccartneyAP 1h
The interview with detectives was in January 2010. A detective wrote in a summary that AEG told them it agreed to pay Murray $150k (cont)
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Anthony McCartney ‏@mccartneyAP 1h
After lunch, plaintiff’s attorney Brian Panish asked AEG Live General Counsel Shawn Trell about an LAPD interview.
Expand
Anthony McCartney ‏@mccartneyAP 1h
A few quick updates while on a break from Jackson vs. AEG trial. Plaintiff's side finished their questioning.
Expand
Anthony McCartney ‏@mccartneyAP 2h
The story also has some details on an email Jackson estate co-executor John Branca sent AEG execs before MJ's death: http://yhoo.it/16MrxtZ
View summary
Anthony McCartney ‏@mccartneyAP 2h
Court is in a sidebar. Here's updated @AP story on AEG lawyer admitting no background check done on Jackson's doctor: http://yhoo.it/16MrxtZ

 

[ivy]

Anthony McCartney ‏@mccartneyAP 2m
That's it for updates from Jackson vs AEG trial today -- may try to answer questions later.
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Anthony McCartney ‏@mccartneyAP 4m
Panish: “Could AEG afford that?” “Sure,” Trell responded. (Re: background checks for contractors)
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Anthony McCartney ‏@mccartneyAP 5m
Panish said an AEG-retained expert testified at deposition that a background check on Murray would cost $40-125 dollars.
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Anthony McCartney ‏@mccartneyAP 5m
Plaintiff’s attorney Brian Panish also asked Trell about background checks. Trell said AEG doesn't do checks on independent contractors.
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Anthony McCartney ‏@mccartneyAP 5m
The email was sent the same day that a meeting was held at Jackson’s home with Murray. No further info given to jury.
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Anthony McCartney ‏@mccartneyAP 6m
Branca asked whether there were substance abuse issues, but wrote that the issue might be best discussed on the phone.
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Anthony McCartney ‏@mccartneyAP 6m
Branca wrote Phillips, Gongaware and other AEG execs on June 20th that he had an spiritual/substance abuse expert who could work with MJ.
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Anthony McCartney ‏@mccartneyAP 6m
One of the emails shown to jury was from Jackson estate co-executor John Branca, sent 5 days before Jackson’s death.
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Anthony McCartney ‏@mccartneyAP 6m
Next few tweets happened during a.m. session in Jackson vs. AEG. Some of it covered in our story today.
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Anthony McCartney ‏@mccartneyAP 7m
Going back in time, there were some tweets I couldn't send out this morning because I was working on a story.

 

[ivy]

Re: Jacksons vs AEG - Day 15 - May 21 2013 - News Only (no discussion)

ABC7 Court News ?@ABC7Courts 15m
Paul Gongaware is not expected until Thursday. That's the plan for now. We hope to see you all tomorrow again!
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ABC7 Court News ?@ABC7Courts 15m
That ended Day 15 of testimony in Jackson Family vs AEG wrongful death trial. Shawn Trell is expected to last all day tomorrow on the stand
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ABC7 Court News ?@ABC7Courts 18m
In May, AEG received letter from MJ saying Tohme didn't rep him anymore. "No payments were ever made under this agreement," Trell explained.
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ABC7 Court News ?@ABC7Courts 19m
One of the the conditions was placement of non-appearance insurance, Trell said. That placement was done in late April, early May.
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ABC7 Court News ?@ABC7Courts 19m
"This agreement was entered into January 26, Trell testified. "There are conditions that needed to be met before any payment could be made."
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ABC7 Court News ?@ABC7Courts 20m
January 24, 2009 -- agreement entered with Dr. Tohme Tohme
Trell said MJ was involved and signed this agreement.
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ABC7 Court News ?@ABC7Courts 21m
Contract: that would reasonable be expected to interfere with Artist's first class performance at each of the shows during the term.
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ABC7 Court News ?@ABC7Courts 21m
Contract: Artistco hereby represents and warrants that artist does not possess any known health conditions, injuries or ailments...
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ABC7 Court News ?@ABC7Courts 22m
If the were no obligations to AEG, the payout would go back to the artist, Trell explained."It just recoups our loan made to the artist."
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ABC7 Court News ?@ABC7Courts 22m
Their interest in the policy, Trell said, was to cover the advances and production costs incurred with the production of the show.
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ABC7 Court News ?@ABC7Courts 23m
Trell said it's not only typical and customary, but standard and artist needs to secure either non-appearance or cancellation insurance.
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ABC7 Court News ?@ABC7Courts 24m
Trell said AEG would not advance money without the artist requesting it.
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ABC7 Court News ?@ABC7Courts 24m
"Production values can get significant, for lack of a better word, it really depends on how many bells and whistles they want," Trell said.
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ABC7 Court News ?@ABC7Courts 25m
"Michael Jackson was known to have very elaborated productions," Trell said.
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ABC7 Court News ?@ABC7Courts 25m
Contract: Artist was responsible for all the production costs in excess of the cap and had to reimburse promoter.
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ABC7 Court News ?@ABC7Courts 26m
The advances were to be paid back to AEG Live before the split of revenue. Production Advances were capped to $7.5 million.
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ABC7 Court News ?@ABC7Courts 27m
The underlying dispute was that a company owned the rights for Jackson's live performance. "The rights needed to be freed up," Trell said
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ABC7 Court News ?@ABC7Courts 27m
Part of the advance was to pay off the settlement agreement of $3 million in London court.
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ABC7 Court News ?@ABC7Courts 28m
AEG Live was promoter and producer. "We advanced the money necessary to mount the tour," Trell explained. "It's interest free money"
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ABC7 Court News ?@ABC7Courts 30m
Trell said compensation was agreed on 90-10 split. Artist received 90% of what's defined contingent compensation.
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ABC7 Court News ?@ABC7Courts 30m
Contract: Artist shall approve a sufficient number of shows on itineraries proposed by promoter or producer as to recoup the advances made.
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ABC7 Court News ?@ABC7Courts 31m
Contract: Artist shall perform no less than 80 minutes at each show, and the maximum show length for each show shall be 3.5 hours
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ABC7 Court News ?@ABC7Courts 32m
Bina discussed the contract for the tour agreement: A first class performance by Artist at each show on each of the approved itineraries.
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ABC7 Court News ?@ABC7Courts 33m
"I was probably there just a little less than an hour. And that was the only time I met him," Trell recalled.
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ABC7 Court News ?@ABC7Courts 33m
Trell said they all signed it and Mr. Jackson was really keen on the 3-D stuff, that he was already down the road in his mind.
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ABC7 Court News ?@ABC7Courts 34m
"He seemed genuinely enthused," Trell added. "He had the contract in front of him, said he read every page, seemed very enthused."
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ABC7 Court News ?@ABC7Courts 34m
"He popped up, came over, introduced himself, was very cordial, there was a real positive energy, good vibe in the room," Trell said.
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ABC7 Court News ?@ABC7Courts 35m
Trell said they shook hands, he had a good firm handshake and his voice was not what people think.
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ABC7 Court News ?@ABC7Courts 35m
Trell said it was pretty funny, since he was a very distinct person.
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ABC7 Court News ?@ABC7Courts 36m
Upon arrival, Trell said Mr. Jackson got up from where he was seated, and said 'Hi, welcome, I'm Michael."
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ABC7 Court News ?@ABC7Courts 36m
Bina showed the jury the final tour agreement. Trell said he went to MJ's home at Carolwood to sign it.
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ABC7 Court News ?@ABC7Courts 36m
"It's my understanding they were talking to, or at least receiving offers from, a competitive of ours, Live Nation," Trell said.
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ABC7 Court News ?@ABC7Courts 37m
For MJ, Trell said Dr. Tohme Tohme and attorneys Dennis Hawk and Peter Lopez represented him. He said there were multiple drafts.
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ABC7 Court News ?@ABC7Courts 37m
Trell, Phillips and Kathy Jorrie were involved in drafting and negotiating the contract with Michael Jackson.
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ABC7 Court News ?@ABC7Courts 38m
Trell said Kenny Ortega was paid after his contract was signed.
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ABC7 Court News ?@ABC7Courts 39m
Bina showed Ortega's executed contract with everyone's signature on it.
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ABC7 Court News ?@ABC7Courts 39m
Trell said he recalled the emails exchange and admitted again not being proud of forgetting the cover contract portion.
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ABC7 Court News ?@ABC7Courts 39m
Bina showed copy of Ortega's contract. A large number of emails are part of the agreement as exhibits.
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ABC7 Court News ?@ABC7Courts 40m
Trell noted he hadn't looked at Ortega's agreement since it was entered into in 2009.
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ABC7 Court News ?@ABC7Courts 40m
"When we were done here yesterday, I looked at Kenny Ortega's original agreement," Trell said.
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ABC7 Court News ?@ABC7Courts 41m
As to Ortega's contract, Trell said he was aware ofa string of emails being at least a part of original agreement with Kenny.
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ABC7 Court News ?@ABC7Courts 42m
Trell said he didn't know about all the topics he was designated, so he had to do some studying and interviews with people.
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ABC7 Court News ?@ABC7Courts 43m
Trell explained what PMK is -- Person Most Knowledgeable, identified by the company to testify on its behalf.
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ABC7 Court News ?@ABC7Courts 44m
Trell went thru his job description with AEG. He said he has five lawyers in his department and has worked on thousands of agreements.
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ABC7 Court News ?@ABC7Courts 44m
Second report made to the Estate on Sept. 18, 2009, there was no amount next to management medical.
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ABC7 Court News ?@ABC7Courts 45m
Trell testified Webking, the CFO for AEG, did not ask MJ's Estate for payment of Dr. Murray's salary.
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ABC7 Court News ?@ABC7Courts 45m
Note 3: contract not signed by Michael Jackson and such signature was a condition precedent to any payment obligations.
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ABC7 Court News ?@ABC7Courts 45m
Bina showed the report that was attached to the letter. Next to "Management Medical" there's a reference to footnote 3.
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ABC7 Court News ?@ABC7Courts 46m
Bina: Is there any request for payment?
Trell: No, there's no demand for payment, it's for review
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ABC7 Court News ?@ABC7Courts 46m
"It was my understating in June Tohme was back in the picture in some capacity. I'm not sure which, Mr. DiLeo was in it too," Trell said
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ABC7 Court News ?@ABC7Courts 48m
The purpose of the meeting was to wind up the business affairs of the tour due to MJ's death, Trell said.
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ABC7 Court News ?@ABC7Courts 48m
Trell said the report was requested by the Estate after a series of meetings after MJ's death.
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ABC7 Court News ?@ABC7Courts 49m
Jessica Bina began her examination by showing the letter submitted by AEG's CFO to the Estate of Michael Jackson for their review.
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ABC7 Court News ?@ABC7Courts 50m
As to reference in Phillips' email about Dr. Murray being unbiased, ethical, not needing this gig, Trell said it was Phillips' impressions
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Trell said theoretically they could've asked to check Dr. Murray's background and credit.
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"He wasn't an employee, he wasn't applying for a full time position with the company," Trell explained.
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ABC7 Court News ?@ABC7Courts 51m
Panish asked if there was any reason why Dr. Murray was not given a background check.
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ABC7 Court News ?@ABC7Courts 52m
Doc is used for employment, promotion, retention, contingent or the rate staffing, consulting, sub-contract work, or volunteer work.
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ABC7 Court News ?@ABC7Courts 52m
Panish showed a document used by AEG entitled "Disclosure and Authorization to Conduct Background Check"
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ABC7 Court News ?@ABC7Courts 53m
Trell said that no one from AEG interviewed Dr. Murray because he was an independent contractor.
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Panish: Isn't it true AEG Live does not do background check on independent contractors?
Trell: That's true
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ABC7 Court News ?@ABC7Courts 54m
Trell said Phillips never told him that he checked Dr. Murray out.
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ABC7 Court News ?@ABC7Courts 54m
Panish: Do you agree w/CEO of your company making untrue statements?
Trell: I don't know that he didn't know it wasn't true when he said it
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ABC7 Court News ?@ABC7Courts 56m
Trell: I know the statement is not accurate. You have to speak with Mr. Phillips about what he meant to say.
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ABC7 Court News ?@ABC7Courts 56m
Panish: You don't know if he was successful or facing bankruptcy, did you?
Trell: No
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ABC7 Court News ?@ABC7Courts 57m
Panish: That's a flat out lie, isn't it sir?
Trell: I don't know what Mr. Phillips intended to say, this should be a question to him
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ABC7 Court News ?@ABC7Courts 57m
Panish: But no one at AEG checked Dr. Murray to see if he was successful or not, isn't that true?
Trell: Yes
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ABC7 Court News ?@ABC7Courts 58m
Email cont'd: This doctor is extremely successful (we check everyone out) and does not need this gig so he totally unbiased and ethical.
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ABC7 Court News ?@ABC7Courts 58m
Email: Dr. Murray also reiterated that he is mentally able to and was speaking to me from the house where he had spent the morning with MJ
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ABC7 Court News ?@ABC7Courts 58m
Email: He said that Michael is not only physically equipped to perform & discouraging him to will hasten his decline instead of stopping it
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ABC7 Court News ?@ABC7Courts 1h
Email cont'd: I had a lengthy conversation with Dr. Murray, who I am gaining immense respect for as I get to deal with him more.
Expand
ABC7 Court News ?@ABC7Courts 1h
Email on 6/20/09 Phillips to Ortega
Kenny it's critical that neither you, me, anyone around this show become amateur psychiatrist/physicians
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ABC7 Court News ?@ABC7Courts 1h
Trell said AEG didn't do anything to determine Dr. Murray's financial conditions in 2009.
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ABC7 Court News ?@ABC7Courts 1h
Trell said AEG Live didn't do anything to check Dr. Murray's competency as doctor, other than checking his physician license.
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ABC7 Court News ?@ABC7Courts 1h
"He was a significant expense," Trell testified about Dr. Murray.
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ABC7 Court News ?@ABC7Courts 1h
"I've never spoken with Dr. Murray ever. And I met/spoke with Mr. Jackson once," Trell said.
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ABC7 Court News ?@ABC7Courts 1h
Trell said his understanding was that Dr. Murray worked for MJ for 3 years; didn't know how many times MJ saw Dr. Murray.
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ABC7 Court News ?@ABC7Courts 1h
Trell said the only time he saw an artist's signature required to retain an independent contractor was for Dr. Murray.
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ABC7 Court News ?@ABC7Courts 1h
Email cont'd: ...and we still have no lawyer, business manager, or, even real manager in place. It is a nightmare!"
Expand
ABC7 Court News ?@ABC7Courts 1h
Email on 6/2/09 from Randy Phillips to Jeff Wald:
"Jeff, remember getting MJ to focus is not the easiest thing in the world"
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ABC7 Court News ?@ABC7Courts 1h
Trell: Well, my understanding at the time there were a couple of people acting in that capacity.
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ABC7 Court News ?@ABC7Courts 1h
Panish: As of June 2009, you don't even know whether Mr. Jackson had a personal manager working for him, right?
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ABC7 Court News ?@ABC7Courts 1h
Trell said Dennis Hawk, who represented MJ, was in touch with Taylor regarding the insurance.
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ABC7 Court News ?@ABC7Courts 1h
Panish: Was Dr. Murray trying to help AEG get insurance?
Trell: The policy was in both names, so he was helping both parties.
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ABC7 Court News ?@ABC7Courts 1h
Panish: as far as you know, all the agreements written for TII tour was done under AEG Live Productions, right?
Trell: Yes
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ABC7 Court News ?@ABC7Courts 1h
Trell also said that Dr. Murray requested and AEG would provide necessary medical equipment and a nurse.
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ABC7 Court News ?@ABC7Courts 1h
Trell told the police that day that Dr. Murray would receive $150,000 compensation per month.
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ABC7 Court News ?@ABC7Courts 1h
Bruce Black, attorney for Anschutz, was present in the meeting with LAPD. Trell met with the police on Tuesday, January 12, 2010.
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ABC7 Court News ?@ABC7Courts 1h
After lunch break, Brian Panish asked if Shawn Trell wanted to change anything else in his testimony, to which he said no.
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ABC7 Court News ?@ABC7Courts 1h
Trell denied having a telephone conversation with Mr. Taylor where Trell asked him if a doctor's compensation was covered in the insurance.
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ABC7 Court News ?@ABC7Courts 1h
Panish: Does that refresh your recollection that AEG was employing Dr. Murray?
Trell: Mr. Taylor has this completely wrong
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ABC7 Court News ?@ABC7Courts 1h
Panish shows Trell a deposition, under oath, given by insurance broker Bob Taylor on another case. Trell said he has never seen or read it.
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ABC7 Court News ?@ABC7Courts 1h
Email from Kathy Jorrie to Bruce Black and Michael Roth on 8/25/09:
Subject: AEG Live president says AEG Live hired Dr. Conrad Murray
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ABC7 Court News ?@ABC7Courts 1h
Bruce Black is the General Counsel for parent company of AEG and AEG Live. Michael Roth is AEG's media relations.
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ABC7 Court News ?@ABC7Courts 1h
Panish said AEG higher-ups became concerned after Phillips made such admission. Trell said he didn't know if that was true.
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ABC7 Court News ?@ABC7Courts 1h
"I don't know what you mean about admitted, he made that statement," Trell said.
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ABC7 Court News ?@ABC7Courts 1h
On July 1st, within 5 days of MJ's death, Phillips gave an interview to SkyNews saying AEG Live hired Dr. Murray.
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ABC7 Court News ?@ABC7Courts 1h
Panish: Isn't it true that Randy Phillips made numerous comments that AEG Live hired Dr. Murray?
Trell: I know he has made that statement
Expand
ABC7 Court News ?@ABC7Courts 1h
"Every document is a draft until it is executed," Trell said.
Expand
ABC7 Court News ?@ABC7Courts 1h
Panish: Did Ms. Jorrie call this contract a draft?
Trell: She called it a Final Version
Expand
ABC7 Court News ?@ABC7Courts 1h
The email says that if Dr. Murray approved it, he was to print it, sign and send it back to Jorrie.
Expand
ABC7 Court News ?@ABC7Courts 1h
Email: I have redlined the Word version so that you can see all of the revisions. In addition, I've attached clean PDF version for execution
Expand
ABC7 Court News ?@ABC7Courts 1h
Email chain from 6/23/09, 5:39pm from Jorrie to Wooley, Murray
Subject: RE: Michael Jackson - Revised Agreement with GCA Holdings/Dr. Murray
Expand
ABC7 Court News ?@ABC7Courts 1h
Attachments:
Revised Michael Jackson -AEG GCA Holdings Murray Agreement 6-18-09
Final MJ -- AEG GCA Holdings Agreement (Dr. Murray) 6-23-09
Expand
ABC7 Court News ?@ABC7Courts 1h
Email from Kathy Jorie to Shawn Trell on 6/24/09 at 12:54 am:
Subject: Revised agreement with GCA Holdings/Dr. Murray
It had two attachments
Expand
ABC7 Court News ?@ABC7Courts 1h
"I don't think conflict of interests are a good thing, and we would want to prevent it," Trell said.
Expand
ABC7 Court News ?@ABC7Courts 1h
Trell: I certainly wasn't aware of it at the time
Panish: Because you didn't check, right?
Trell: That's right
Expand
ABC7 Court News ?@ABC7Courts 1h
As to Dr Murray being under dire financial straits, Trell said that he doesn't know if he agrees with it, everyone's perception is different
Expand
ABC7 Court News ?@ABC7Courts 1h
"If the concerts didn't go forward, and he was terminated under this provision, Dr. Murray would not be paid going forward," Trell explained
Expand
ABC7 Court News ?@ABC7Courts 1h
"It called for Michael Jackson being able to terminate Dr. Murray at will," Trell said about the contract.
Expand
ABC7 Court News ?@ABC7Courts 1h
"We did nothing to monitor Dr. Murray," Trell said. "We did not monitor whatever it was that he was doing, no."
Expand
ABC7 Court News ?@ABC7Courts 1h
Trell testified he doesn't believe the artist is more at risk because AEG Live doesn't do background check.
Expand
ABC7 Court News ?@ABC7Courts 1h
"When they leave the environment, what they do on their own time is their own business," Trell said.
Expand
ABC7 Court News ?@ABC7Courts 1h
Panish: you don't do anything to check into background, supervise or protect the artist?
Trell: No, safety is a concern
Expand
ABC7 Court News ?@ABC7Courts 1h
As to independent contractors, Trell said there's no supervision and monitoring like there's for employees.
Expand
ABC7 Court News ?@ABC7Courts 1h
Depending on the nature of the position, a background could be done, Trell said, like for potential employees in the financial area.
Expand
ABC7 Court News ?@ABC7Courts 1h
Trell agreed that no background check was done on anyone working on "This Is It" tour.
Expand
ABC7 Court News ?@ABC7Courts 1h
Trell testified that when it comes to independe contractors, they have either worked with the artists, AEG or known in the industry.
Expand
ABC7 Court News ?@ABC7Courts 1h
Panish: There was no hiring criteria for the TII tour, correct?
Trell: Not to my knowledge

 

[ivy]

No background check on Conrad Murray, AEG official testifies

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CAPTIONS
1/18
By Corina Knoll
May 21, 2013, 6:13 p.m.
An in-house attorney for AEG testified Tuesday that his company did not look into the background of Conrad Murray, the doctor who gave Michael Jackson a fatal dose of the anesthetic propofol two weeks before the singer was to perform in a series of comeback concerts in London.

Shawn Trell, a senior vice president and general counsel for AEG Live for nearly 10 years, said the entertainment agency did not conduct background checks for independent contractors.

Murray, according to a Los Angeles Police Department detective who testified earlier in the trial, owed hundreds of thousands of dollars in tax liens, child support and other debts. The plaintiffs have argued that Murray's finances motivated him to push Jackson to perform so that the doctor could get paid by AEG.

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FULL COVERAGE: AEG wrongful death trial

“Did anyone from AEG ever at any time interview Dr. Murray?” asked Brian Panish, the attorney for Jackson’s mother and three children who filed the civil suit accusing AEG of negligently hiring and controlling Murray.

“No,” Trell replied.

Panish showed an email written by AEG Live President and CEO Randy Phillips on June 20, 2009, to “This Is It” director Kenny Ortega, who had insisted Jackson was in need of a psychiatrist.

Phillips replied:

“I had a lengthy conversation with Dr. Murray, who I am gaining immense respect for as I get to deal with him more. He said that Michael is not only physically equipped to perform and, that discouraging him to, will hasten his decline instead of stopping it.... This doctor is extremely successful (we check everyone out) and does not need this gig so he [is] totally unbiased and ethical.”

Panish then asked Trell, “Sir, you never checked out one single thing about Dr. Murray -- you’ve already told me that, correct?”

PHOTOS: Michael Jackson | 1958-2009

“As of the date of the email, that would’ve been correct,” Trell said.

When pressed by Panish, Trell said that Phillips’ statement that Murray had been checked out, along with the executive’s claim that the doctor “does not need this gig” were inaccurate.

“I don’t know where Randy’s understanding or impression comes from,” Trell said.

More than five months after Jackson’s death, Trell said, he informed LAPD detectives that Murray initially requested $5 million to join the tour but eventually agreed to a salary of $150,000 a month for 10 months. AEG also agreed to provide medical equipment and a nurse, he testified.

Panish showed emails exchanged among AEG executives that contained drafts of Murray’s contract. On June 23, 2009, attorney Kathy Jorrie emailed Murray and said she had “attached a clean pdf version which is ready for execution.”

Although Murray had signed a contract with the company, neither Jackson nor anyone from AEG had added their signatures. Trell testified that a copy of the contract had never been sent to Jackson.

Trell also said that before signing an agreement with AEG, Jackson had been considering a tour offer from its main competitor, Live Nation.

In Panish’s opening statement more than three weeks ago, he painted AEG as a gang of ruthless executives concerned only with catching up to Live Nation, the world's largest concert promoter.

“You do what you gotta do if you want to be No. 1 in this rough business of concert promotions,” Panish said at the time.

Since then, Panish has attempted to show that AEG put its own interests ahead of the health of its 50-year-old star, who witnesses have testified was gaunt and sickly.

AEG’s attorneys have countered that it was Jackson who insisted on bringing Murray onboard and that the doctor’s salary was part of the multimillion-dollar advance to the singer.

Trell testified Tuesday that Jackson’s advance, which covered his $100,000-a-month rent on his mansion and a $3-million payment to settle a lawsuit that would free up his performance rights, was considered a loan to be paid back to AEG.

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The attorney said he met Jackson just once: when AEG executives went to the singer’s home where he signed his contract, which included a stipulation that the artist did not possess any known health ailments that could interfere with the shows.

“There was a real positive energy and vibe in the room,” Trell said. “He seemed genuinely enthused, we sat there for some time and he had the contract out in front of him. He said he had read every page; he was flipping through it. It just felt -- he just seemed so enthused by the whole thing.”

 

[ivy]

AEG sought life insurance on 'basket case' Michael Jackson

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CAPTIONS
1/18
By Corina Knoll
May 21, 2013, 3:00 p.m.
In the days before Michael Jackson’s death, AEG executives were still attempting to secure a life insurance policy on the performer who had been acting erratically at rehearsals for his comeback tour, according to testimony and emails revealed in court Tuesday.

On June 19, 2009, a production manager for “This Is It” sent an email to AEG executives Randy Phillips and Paul Gongaware that read, “MJ was sent home without stepping foot on stage. He was a basket case and [director] Kenny [Ortega] was concerned he would embarrass himself on stage or worse yet -- get hurt."

The email, whose subject line read “Trouble at the Front,” was forwarded by Phillips to then-AEG President and CEO Tim Leiweke with the note, “We have a real problem here."


Photos: Michael Jackson | 1958-2009

Full coverage: AEG-Michael Jackson wrongful death trial
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The emails were shown Tuesday to Shawn Trell, senior vice president and general counsel for AEG, who returned to the witness stand during the trial of the wrongful-death lawsuit brought by members of Jackson's family.

Trell testified earlier that Ortega did not have a signed contract with AEG, which was funding and promoting the concert series to be held at the 02 Arena in London. “Kenny Ortega is different,” Trell explained Monday, adding that the director was paid based on a series of emails.

But the attorney recanted that statement on Tuesday and said that Ortega did have a written contract with AEG. Trell said his memory had been “refreshed” after looking at court documents the night before.

The contract issue is key in the civil trial that pits Jackson’s mother and three children against entertainment company AEG, which stands accused of hiring and controlling Dr. Conrad Murray.

Murray is serving jail time for involuntary manslaughter after administering the fatal dose of the anesthetic propofol to Jackson, who died on June 25, 2009. AEG contends that the doctor was brought on the tour at Jackson’s request and that the doctor’s salary was part of the multimillion-dollar advance to the singer. Although Murray had signed a contract with the company, neither Jackson nor anyone from AEG had added their signatures.

Trell testified that AEG does not do background checks on independent contractors. He said he was unaware of issues with Jackson at rehearsals.

“I knew of no problems with Michael Jackson at all,” Trell testified.

In January 2009, insurance broker Bob Taylor wrote an email to Trell that suggested Jackson be given a full medical exam with blood and urine tests and that Jackson’s medical history be reviewed.

The two continued to exchange emails, and on June 23 Trell asked for an update on the availability of life insurance.

Around that time, according to testimony from previous witnesses, Jackson had appeared frail and gaunt at rehearsals held at the Staples Center.

And in the week leading up to Jackson’s death, those involved with the tour appeared to be contemplating damage control.

Phillips wrote an email to Gongaware on June 20, 2009 at 1:52 a.m. that said he and Leiweke were going to visit Jackson. “I am not sure what the problem is. Chemical or physiological?”

Gongaware replied: “Take the doctor with you.”

On that same day, Ortega wrote an email to Phillips about the singer: “There are strong signs of paranoia, anxiety and obsessive-like behavior. I think the very best thing we can do is get a top psychiatrist in to evaluate him ASAP.”

John Branca, Jackson’s attorney, also chimed in, sending an email marked “confidential” to a handful of people, including Phillips, Gongaware and Leiweke.

“I have the right therapist/spiritual advisor/substance abuse counselor who could help (recently helped Mike Tyson get sober and paroled) do we know whether there is a substance issue involved (perhaps better discussed on the phone).”

 

[ivy]

Re: Jacksons vs AEG - Day 15 - May 21 2013 - News Only (no discussion)

Sweet controversy at Michael Jackson death trial
By Alan Duke, CNN
updated 6:47 AM EDT, Wed May 22, 2013
Katherine Jackson: Michael's mother, 82, was deposed for nine hours over three days by AEG Live lawyers. As the guardian of her son's three children, she is a plaintiff in the wrongful death lawsuit against the company that promoted Michael Jackson's comeback concerts.
HIDE CAPTION
Key players in Jackson wrongful death trial

>>
STORY HIGHLIGHTS
Jackson's lawyer objects that AEG gave peppermint candy to jurors
Candy controversy might seem trivial, but stakes are high for AEG Live
AEG Live's president told reporters about Dr. Murray: "We hired him"
Jacksons accuse the promoter of negligently hiring the doctor convicted in Jackson's death
Los Angeles (CNN) -- Every issue in the Michael Jackson wrongful death trial is so disputed that even giving candy to jurors caused an argument.
AEG lawyers gave a bag of peppermint candy to the bailiff to hand out to the jury this week. Even Katherine Jackson -- the pop icon's mother -- enjoyed the treat.
But Jackson's lawyer raised an objection Tuesday afternoon, suggesting jurors might be influenced if they realized the source of the sweets.
A compromise was reached. Each side can provide snacks for jurors, but they'll be placed at the bailiff's desk before jurors enter court so they have no clue who brought it.
Photos: Michael Jackson, King of Pop
Photos: People we lost in 2013
Van Halen on Michael Jackson: Sweet guy Jackson wrongful death trial under way
While the candy controversy might seem trivial, the stakes are high for AEG Live. The promoter and producer of Michael Jackson's comeback concerts could be found liable for billions of dollars in damages if the jury decides the company is responsible for the star's death.
Jackson's mother and three children are suing AEG Live for the negligent hiring, retention or supervision of Dr. Conrad Murray, the physician convicted of involuntary manslaughter in Jackson's death.
The candy argument may be the most interesting thing about Tuesday's proceedings, unless you are a student of employment law and budgeting.
AEG Live Senior Vice President/General Counsel Shawn Trell was on the stand for a second day hoping to give testimony that would convince the jury that Murray was chosen, hired and supervised by Jackson -- not his company.
Murray never had an executed contract with AEG Live, although one had been negotiated. The doctor signed it and returned it to the company on June 24, 2009, but the AEG Live executive decided not to sign it after Jackson died the next day.
Jackson lawyers contend Murray was already on the job, working under an oral agreement confirmed by a series of e-mails that promised him $150,000 a month to be Jackson's full-time physician.
With Trell on the stand, Jackson lawyer Brian Panish played part of an interview that AEG Live President Randy Phillips gave to Sky News television soon after Jackson's death.
"This guy was willing to leave his practice for a very large sum of money, so we hired him," Phillips said.
Panish also showed jurors an e-mail between AEG lawyers suggesting that Phillips told other interviewers AEG Live "hired" Murray.
Trouble at the Front
The Jackson lawyers argue that AEG Live executives ignored a series of "red flags" that should have alerted them that Jackson needed help as he prepared for his comeback concerts.
Earlier testimony from Jackson's makeup artist, choreographer and an associate director described his failing health and mental condition in the last two weeks of his life.
Panish asked Trell about e-mails titled "trouble at the Front" between AEG executives and people working on the production starting on June 19, 2009 -- a night that show director Kenny Ortega sent Jackson home because of his strange behavior.
"He was a basket case and Kenny was concerned he would embarrass himself on stage, or worse yet -- get hurt," production director John "Bugsy" Houghdahl wrote to AEG Live top execs Randy Phillips and Paul Gongaware. "The company is rehearsing right now, but the DOUBT is pervasive."
Phillips forwarded the e-mail to his boss -- Tim Leiweke -- at AEG Live's parent company, with the comment: "We have a real problem here."
Jackson had missed a number of rehearsals and the "This Is It" tour debut was just three weeks away in London.
Ortega, in an e-mail previously reported, told Phillips that same morning -- five days before Jackson died -- that he did not think he would be ready for the shows.
"I honestly don't think he is ready for this based on his continued physical weakening and deepening emotional state," he wrote. Ortega described seeing "strong signs of paranoia, anxiety and obsessive-like behavior" with Jackson. "I think the very best thing we can do is get a top psychiatrist to evaluate him ASAP."
Even John Branca, a former Jackson advisor and lawyer who had just been rehired, weighed in with advice in an e-mail: "I have the right therapist/spiritual advisor/substance abuse counselor who could help (recently helped mike tyson get sober and paroled) ... do we know whether there this is a substance issued involved (perhaps better discussed on the phone.)"
Does Trell consider that exchange a "red flag" that AEG Live should have noticed, Panish asked.
"I would take it seriously, as I believe Mr. Phillips did," Trell answered. "I don't know I would use the word 'red flag.'"
Phillip called a meeting the next afternoon with Murray at Jackson's home.
Afterward, he sent this e-mail to Ortega:
"Kenny, it is critical that neither you, me, or anyone around this show become amateur psychologists or physicians. I had a lengthy conversation with Dr. Murray, who I am gaining immense respect for as I get to deal with him more. He said that Michael is not only physically equipped to perform and that discouraging him to, will hasten his decline instead of stopping it. Dr. Murray also reiterated that he is mentally able to and was speaking to me from the house where he had spent the morning with MJ. This doctor is extremely successful (we check everyone out) and does not need this gig so he totally unbiased and ethical."
The Jacksons' lawyer called this e-mail "a flat out lie," since AEG Live had not done a background check on Murray before hiring him -- and if they had it would have disclosed that he was in deep debt and not a successful doctor.
"We did not do a background or credit check on Dr. Murray," Trell conceded.
No due diligence
The Jackson lawyers contend that AEG Live is liable for his death because they did not do their "due diligence" by checking Murray's background and credentials.
If they had done so, they would have realized that Murray had a major conflict of interest that made him vulnerable to break rules in his treatment if Michael Jackson, they argue.
Murray needed the high-paying job because he was more than $1 million in debt, his home was being foreclosed on, he was being sued for unpaid child support and delinquent taxes, and his cardiology clinic in Las Vegas faced eviction. His $150,000 a month job would end if Jackson's shows were canceled or delayed, according to the terms of his contract.
AEG Live failed to conduct the background check, which the company's own expert witness said would between cost between $40 and $125.
"I am not familiar with the process of doing background checks," Trell said. "No training."
Trell is back on the witness stand Wednesday for questioning by AEG Live lawyer Jessica Stebbins Bina.
The trial, which is in its fourth week in a Los Angeles courtroom, is expected to last through July.

 

[ivy]

Lawyer for AEG Live changes course on $300k bill to Michael Jackson’s estate
AEG Live lawyer Shawn Trell said the bill, for the services of the doctor convicted of manslaughter in Michael Jackson's death, was not a mistake, though Jackson never signed Dr. Conrad Murray's contract

BY NANCY DILLON / NEW YORK DAILY NEWS

TUESDAY, MAY 21, 2013, 9:32 PM
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HO/REUTERS

Michael Jackson rehearses for his ill-fated comeback tour, known as “This Is It.” Jackson died shortly before it was launched. Jackson’s mother and children are now suing the promoter of that tour, AEG Live, alleging they were negligent in overseeing the doctor, Conrad Murray, who was to help Jackson get ready for the tour.

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Anschutz Entertaiment Group, promoter of Michael Jackson's canceled concert tour, drops insurance claim after emails reveal company dismissed doubts about King of Pop's health
Jackson's final rehearsal may be released as album

Concert giant AEG Live did not try to “put one over” on Michael Jackson’s estate following the singer’s June 2009 fatal overdose, a corporate lawyer testified Tuesday in a reversal of what he told jurors Monday.

Apparently, the lawyer needed to read some of the fine print.

AEG Live General Counsel Shawn Trell contradicted his Monday testimony and said it wasn’t “a mistake” after all when his company’s chief financial officer included a $300,000 entry in a list of outstanding tour costs AEG sent to Jackson’s estate lawyers. But AEG had never actually paid the $300,000 to the doctor who was supposed to help Jackson get ready for the comeback tour but instead wound up getting convicted of manslaughter in Jackson’s overdose death.

“You testified you were somewhat confused (by the inclusion of the $300,000)?” AEG defense lawyer Jessica Stebbins Bina asked Trell as she projected the list, dated July 17, 2009, on a screen for jurors.

“Do you see there’s something in parentheses?” Stebbins Bina asked, zooming in to blow up a footnote from AEG CFO Frederick Webking that stated Michael Jackson never signed Murray’s contract, so its terms were not enforceable.

“Is Mr. Webking asking the estate to pay?” Stebbins Bina asked Trell.


POOL/GETTY IMAGES

Murray is now in prison after being convicted of involuntary manslaughter for providing Jackson with the surgery-strength anesthetic on which he overdosed in 2009.

“No,” he replied, explaining that upon reflection he believed Mr. Webking was just being “thorough” by including the $300,000 as a budgeted cost.

“Did Mr. Webking make a mistake as you thought yesterday?” she asked.

“No,” Trell answered. “He did not.”

Trell testified in the ongoing trial of the negligence suit the iconic singer’s mother and kids brought against the concert promoter behind Jackson’s “This is It” tour.

Katherine Jackson, 82, sat in the front row Tuesday and periodically whispered with her daughter Rebbie.

The family matriarch filed her megabucks suit in 2010, claiming AEG failed to properly investigate Murray before agreeing to pay him an eye-popping $150,000 a month.


DAVID BUCHAN/GETTY IMAGES

Singer Rebbie Jackson, sister of Michael Jackson, arrives at Los Angeles Superior Court Tuesday to observe testimony in the ongoing trial.

Murray is now serving four years for recklessly providing the fatal dose of propofol, the surgery-strength anesthetic that killed Michael Jackson on June 25, 2009.

AEG claims Michael hired Dr. Murray and kept his propofol use a closely guarded secret.

In further testimony Tuesday, Trell said AEG never performed a background check on Dr. Murray even though the company’s CEO Randy Phillips mentioned one in an email sent five days before Michael’s death.

In the June 20 email, which the Daily News reported on last year, Phillips told tour director Kenny Ortega that he felt confident Dr. Murray was “extremely successful” and “ethical” because “we check everyone out.”

Trell testified that Phillips might have been “misinformed” or simply was stating his impression of the Las Vegas cardiologist.

He said AEG typically only runs background checks on candidates applying for full-time jobs with AEG, not independent contractors.

As jurors listened intently, Trell described the one time he met Michael at the Gloved One’s rented estate in Holmby Hills, Calif.

He said Michael “popped up” to greet him, had a “good, firm handshake” and seemed “genuinely enthused” about his ill-fated comeback concert series.



Read more: http://www.nydailynews.com/entertai...jackson-trial-article-1.1351077#ixzz2U1oY0kCy

 

[ivy]

Re: Jacksons vs AEG - Day 15 - May 21 2013 - News Only (no discussion)

Michael Jackson wrongful death trial: Potentially damaging emails surface
Tuesday, May 21, 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) -- As Michael Jackson rehearsed, he was struggling with health problems, according to emails and documents presented in court Tuesday.

"Trouble on the front" wrote one AEG staffer. "MJ was sent home without setting foot on stage. He was a basket case and Kenny (the director) was concerned he would embarrass himself on stage, or worse -- get hurt. The company is rehearsing now, but doubt is pervasive."

The response from AEG CEO Randy Phillips: "We have a real problem here."

Phillips is being sued along with Paul Gongaware and Kenny Ortega. What they knew is at the crux of the lawsuit, filed by Katherine Jackson.

Jurors were shown a paper trail as Katherine Jackson's attorney questioned AEG Vice President Shawn Trell. In one email, an exec asked if substance abuse was an issue. Days later, Michael Jackson was dead after an overdose of the sedative propofol.

The plaintiffs asked Trell whether AEG had checked out Jackson's doctor, Conrad Murray, before hiring him, and whether they supervised him.

Trell said that AEG did not hire Murray, that the doctor was like many independent contractors, "what they do on their own time is their own business."

The plaintiffs say AEG could have intervened.

"AEG did nothing except continue to push Michael and to get the show on the road so they could make a substantial profit," said Brian Panish, Katherine Jackson's attorney.

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But AEG says the doctor was Michael Jackson's choice.

"It is undisputed that Conrad Murray was Michael Jackson's long-time doctor and he wanted to bring him on tour with him," said AEG attorney Marvin Putnam.

A key document that was shown to the jury was the independent contractor agreement signed by Murray, but not by AEG or Michael Jackson.

In additional emails, an AEG accountant referred to the document as a final agreement. Yet Trell testified the agreement is a draft until all parties sign it.

 

[ivy]

Jacksons vs AEG - Day 16 - May 22 2013 - News Only (no discussion)

Jacksons vs AEG - Day 16 - May 22 2013 - News Only (no discussion)

Use this thread to post any and all news stories from day 16 of Katherine Jackson vs. AEG trial.

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

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

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

 

[ivy]

Anthony McCartney ‏@mccartneyAP 13m
That's it for updates from the morning session. Will be back in court this afternoon.
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Anthony McCartney ‏@mccartneyAP 14m
Trell said it was unusual for an artist to be listed under a different name on an insurance policy in his experience.
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Anthony McCartney ‏@mccartneyAP 14m
Jackson was referred to as “Mark Jones” in the documents to mask his identity. The policy covered first 30 shows at O2 Arena.
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Anthony McCartney ‏@mccartneyAP 14m
After the exam, AEG was able to obtain a $17.5 million cancellation policy for Jackson’s “This Is It” concerts.
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Anthony McCartney ‏@mccartneyAP 14m
Trell: The broker’s “exact words to me were, ‘Other than a slight case of hay fever, he passed with flying colors.’”
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Anthony McCartney ‏@mccartneyAP 14m
Trell was asked if he ever heard about results of Michael Jackson’s February 2009 physical exam.
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Anthony McCartney ‏@mccartneyAP 14m
Trell said he never saw the medical records from Jackson’s exam, and has never seen an artist’s records after a physical.
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Anthony McCartney ‏@mccartneyAP 14m
The doctor had to provide his resume and sign a confidentiality agreement before examining Jackson in early February 2009.
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Anthony McCartney ‏@mccartneyAP 15m
Broker suggested a NYC ear, nose and throat specialist, who was flown out to Los Angeles and evaluated Jackson.
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Anthony McCartney ‏@mccartneyAP 15m
The exam would involve blood and urine tests, filling out a questionnaire and the doctor reviewing 5 years of Jackson’s med records.
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Anthony McCartney ‏@mccartneyAP 16m
Some reports referenced Jackson having skin cancer, which wasn’t the case. Broker suggested a med exam to alleviate concerns.
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Anthony McCartney ‏@mccartneyAP 20m
... and Trell said the underwriters in London were concerned about tabloid reports about Jackson’s health.
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Anthony McCartney ‏@mccartneyAP 20m
He said the insurance broker was having difficulty at first getting cancellation insurance. There wasn’t a lot of interest ... (cont)
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Anthony McCartney ‏@mccartneyAP 20m
“We don’t secure cancellation insurance to secure anticipated profits,” only advanced costs, AEG lawyer Shawn Trell said.
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Anthony McCartney ‏@mccartneyAP 25m
After discussing the possible film deal, AEG lawyer Jessica Stebbins Bina then asked him more about tour cancellation policy.
Expand
Anthony McCartney ‏@mccartneyAP 25m
Trell said AEG offered to extend the deadline to Oct. 2009, but Jackson never signed the extension agreement.
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Anthony McCartney ‏@mccartneyAP 25m
He said by June 1, 2009, the film industry wasn’t interested in pursuing that project. June was deadline for the agreement to kick in.
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Anthony McCartney ‏@mccartneyAP 26m
Trell said the initial project Jackson was interested in was connected to “Thriller.” He didn't offer any more details.
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Anthony McCartney ‏@mccartneyAP 26m
The film agreement would have allowed Jackson to get $1 million to develop a script for an AEG-owned film company.
Expand
Anthony McCartney ‏@mccartneyAP 26m
Trell was also asked about an agreement Jackson signed in Jan. 2009 for a possible three-film deal.
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Anthony McCartney ‏@mccartneyAP 26m
Tour cancellation insurance wasn’t obtained for “This Is It” tour until late April, after Tohme had been fired.
Expand
Anthony McCartney ‏@mccartneyAP 26m
Shawn Trell said Tohme’s agreement called for him to get paid once cancellation insurance was secured.
Expand
Anthony McCartney ‏@mccartneyAP 27m
Trell was first asked about contract between AEG and Jackson’s former manager, Tohme R. Tohme.
Expand
Anthony McCartney ‏@mccartneyAP 27m
AEG General Counsel Shawn Trell remains on the stand, being questioned by AEG defense lawyer Jessica Stebbins Bina.
Expand
Anthony McCartney ‏@mccartneyAP 27m
There was no morning break, but court should break for lunch in about 20 minutes.
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Anthony McCartney ‏@mccartneyAP 27m
The Jackson vs AEG Live trial got started this morning with Katherine, Rebbie and Trent Jackson in the courtroom.

 

[ivy]

Witness: Michael Jackson passed medical exam 'with flying colors'

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By Corina Knoll
May 22, 2013, 1:34 p.m.
A few months before Michael Jackson’s death, AEG executives were told that the performer had passed a medical exam “with flying colors,” an in-house attorney for the company testified Wednesday.

Shawn Trell, senior vice president and general counsel for AEG, said he contacted a London insurance broker in November 2008 to inquire about cancellation insurance for “This Is It,” a series of planned concerts touted as Jackson’s comeback tour.

Cancellation insurance, Trell said, is a typical way to recoup advances made to an artist when an event falls through. According to its contract with Jackson, AEG had advanced the singer close to $30 million, an amount that included a $15-million line of credit and $7.5 million to cover production costs to mount the shows.


Insurance carriers, however, were “skittish” due to tabloid reports about Jackson’s health, Trell said. The London broker, Bob Taylor, suggested that Jackson have a medical exam by Dr. David Slavit of New York, who was trusted by the carriers.

Trell said the exam took place in February 2009, and that although he wasn’t privy to Jackson’s medical records, he was satisfied.

“Mr. Taylor’s exact words to me were, ‘Other than a slight case of hay fever, he passed with flying colors,’” Trell testified in the trial of the wrongful-death lawsuit brought by Jackson’s mother and three children against AEG.

AEG ended up securing a $17.5-million insurance policy that listed among its exclusions “the illegal possession or illicit taking of drugs and their effects.”

Trell said he continued to check in with Taylor to see if the marketplace had changed and the coverage could be increased because it was unusual for the insurance not to cover the entire advance made. “We were just trying to bridge the gap between cost and expense,” he testified.

A second insurance physical was scheduled for July 6, 2009. “We had no reason to believe that he wouldn’t pass,” Trell said.

On June 25, 2009, at 5:54 a.m., London time, Taylor sent an email to Dr. Conrad Murray, who had been brought onto the tour to tend to Jackson. The email, introduced as evidence in the case, read:

“The insurers have specifically requested information on the following:

Press reports on the artist at various times using a wheelchair, and whether any of these occasions were as a result of a medical issue.

Press reports that the artist had, or has, suffered a back injury.

Press reports that the artist is suffering, or has previously suffered from lupus.

Press reports that the artist is suffering, or has previously suffered from cancer.

Press reports that the artist was hospitalized in 2005.

Dates and brief details of any cosmetic procedures, and specific details of any complications.

Press reports that the artist has suffered from lung infection/emphysema and chronic gastrointestinal bleeding.

Press reports that the artist has minimal diet (is possibly anorexic).”

Jackson died hours later from a fatal dose of the anesthetic propofol administered by Murray.

The Jackson family contends that AEG negligently hired and controlled Murray and pushed the singer beyond his physical limits for their own profit. Murray is serving jail time for involuntary manslaughter.

Jessica Stebbins Bina, an attorney representing AEG, pointed out in the courtroom that the list of insurers’ concerns did not include drugs, painkillers, alcohol or sleep disorders.

She also walked Trell through the differences between AEG employees and the independent contractors who are primarily hired for tours. Trell previously testified that AEG had not looked into Murray’s history because he was an independent contractor and known to Jackson.

“It would be misplaced or misguided for us to inject ourselves into the affairs of an artist,” Trell said.

It was Jackson who requested Murray, Trell said, and he believed the two had worked together for three years prior.

During his three days on the witness stand, Trell has testified that he knew nothing about reports of Jackson’s erratic behavior or gaunt figure and has characterized the relationship between the singer and AEG as supportive and complementary.

In addition to the tour contract between Jackson and AEG, Trell said the two also had an agreement that proposed developing up to three film projects together, one of which was related to his “Thriller” video.

When nothing was developed by the agreement’s June 1, 2009, deadline, AEG sent a proposed amendment to extend that date to Jackson’s representatives, Trell said.

“I think the interest was still there on Mr. Jackson’s side and I know we were interested in helping him realize what he wanted to accomplish,” Trell said.

 

[ivy]

Insurers feared Michael Jackson had cancer, other diseases: witness
By RICHARD JOHNSON
Last Updated: 4:15 PM, May 22, 2013
Posted: 4:14 PM, May 22, 2013
LOS ANGELES - Concert promoters couldn’t buy coverage for Michael Jackson because insurers feared he had cancer and several other diseases The King of Pop really didn’t have, a top executive testified today.

Shawn Trell, AEG Live's general counsel, told jurors that insurance carriers had a laundry list of health concerns about Jackson but they were clueless about The Gloved One’s insomnia and his use of powerful intravenous anesthetics to sleep.

With Trell on the witness stand, an e-mail from British insurance broker Bob Taylor was shown to jurors: "The insurers have specifically requested information in the following: press reports the artist is at various times using a wheelchair...suffering a back injury... Lupus ... cancer ...cosmetic procedures... lung infection... emphysema ... chronic gastrointestinal bleeding."

That e-mail was sent on June 25, 2009, hours before Jackson died in his rented LA mansion.

Trell confirmed the document doesn't mention insomnia or drug use, the conditions that were actually causing Jackson to be so weak and underweight that he could barely sing, dance or show up to rehearsals.

Jackson had already been examined in February by a "Lloyds-preferred doctor" from New York, Dr. David Slavit.

Trell never saw results because of confidentiality, but testified that Taylor later told him: "Other than a slight case of hay fever, he passed with flying colors."

Jackson died from an overdose of the anesthetic propofol that he was getting from Dr. Conrad Murray as sleep medication.

A coroner’s report showed that Jackson suffered from the skin ailment vitiligo but none of the maladies listed by British insurers.

Jackson died while preparing for a grueling 50-show run of the ill-fated “This is It” concert series in London.

AEG had a $17.5 million "non-appearance" policy on Jackson should he fail to perform the first 13 of his 50 shows at London's O2 Arena, Trell said.

But the insurers wouldn't cover illness until Jackson underwent a second medical exam to be performed in London by a doctor selected by the insurers.

AEG is being sued Jackson's family, which claims the concert giant knew MJ was sick and didn't do anything to help him. Jackson's physician, Dr. Conrad Murray, was convicted of involuntary manslaughter and is serving four years behind bars.

AEG puts blame for Jackson's death on the singer and doctor and claims the company shouldn't be held liable.

http://www.nypost.com/p/news/nation...source=SFnewyorkpost&utm_medium=SFnewyorkpost

 

[ivy]

Re: Jacksons vs AEG - Day 16 - May 22 2013 - News Only (no discussion)

Top AEG lawyer referred to Jackson as 'freak'
By Anthony Mccartney, Associated PressMay 22nd, 2013 @ 5:46pm

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LOS ANGELES (AP) - Emails displayed in court show a lawyer for the parent company of AEG Live LLC referred to Michael Jackson as a "freak" on the day the singer signed a contract for his ill-fate comeback concerts.

The emails were shown by Brian Panish, an attorney for Jackson's mother. He says the messages indicate how the pop superstar was viewed by AEG executives.

The emails show Jackson was called a freak by Anschutz Entertainment Group General Counsel Ted Fikre in a message to AEG Live corporate lawyer Shawn Trell.

In his reply, Trell described an upcoming meeting with Jackson as interesting but "kind of creepy."

Panish said after court Wednesday that the emails demonstrate AEG's disdain for Jackson and its desire to use him as a moneymaker.

AEG Live attorney Jessica Stebbins Bina said displaying the messages was only meant to embarrass AEG.