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

[ivy]

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

Emails show AEG lawyer called Jackson a 'freak'
By Anthony Mccartney, Associated PressMay 22nd, 2013 @ 6:22pm


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LOS ANGELES (AP) - A lawyer for the parent company of AEG Live LLC called Michael Jackson a freak on the day the singer signed a multimillion contract for a series of ill-fated comeback concerts, emails displayed for a jury on Wednesday showed.

The emails were presented by Brian Panish, an attorney for Jackson's mother in her lawsuit claiming AEG was negligent in hiring the personal physician who was later convicted of killing the pop superstar.

The lawsuit also says AEG pushed Jackson too hard despite signs that he was in poor health.

The emails were sent Jan. 28, 2009, roughly four months before the singer's death.

In the exchange, AEG Live General Counsel Shawn Trell told his boss that he was going to Jackson's home to sign contracts for the "This Is It" shows later that year in London.

Ted Fikre, the general counsel for Anschutz Entertainment Group, wrote back in two minutes.

"Does this mean you get to meet the freak?" Fikre replied, according to the emails.

"Apparently. Not sure how I feel about that. Interesting for sure, but kind of creepy," replied Trell, who had spoken approvingly while testifying on Tuesday about his only meeting with Jackson,

Katherine Jackson was seated in the front row of the courtroom when the emails were displayed, and she passed Trell on her way out at the end of the day. They did not acknowledge each other.

"That email just exemplifies that AEG had no respect for Mr. Jackson.," Panish said outside of court. "All he was was a vehicle to make money and to promote their concert business to catch up to Live Nation."

Live Nation is the chief rival of AEG Live.

Jessica Stebbins Bina, a trial defense lawyer for AEG, said the emails were shown merely to embarrass AEG.

"We are four weeks into trial and we have yet to hear one piece of substantive evidence," said Marvin S. Putnam, an attorney who is leading AEG's defense.

He said Katherine Jackson's lawyers have instead opted to attack AEG Live with "side issues and characterizations."

Panish said after court that he would show more evidence of AEG's disdain for Jackson.

 

[ivy]

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

ABC7 Court News ?@ABC7Courts7m
Before we detail everything that happened in court today, we'll describe the events that happened late afternoon when Trell testified

ABC7 Court News ?@ABC7Courts5m
Jackson's attorney showed emails between attorneys high-up within AEG and AEG Live referring to Michael Jackson as "freak" and "creepy".

ABC7 Court News ?@ABC7Courts5m
This ema exchange happened hours before Shawn Trell went to MJ's house to sign the contract on January 28, 2009,

ABC7 Court News ?@ABC7Courts2m
"Does this mean you get to meet the freak?" Ted Fikre, AEG's general counsel wrote to Shawn Trell.

ABC7 Court News ?@ABC7Courts2m
Shawn Trell answered: "Apparently. Not sure how I feel about that. Interesting for sure, but kind of creepy."

ABC7 Court News ?@ABC7Courts32s
Jackson's attorney Brian Panish had this reaction outside court: "This exemplifies AEG had no respect for Mr. Jackson.

ABC7 Court News ?@ABC7Courts17s
Panish cont'd: "All he was to them was a vehicle to make money."

ABC7 Court News ?@ABC7Courts42s
Panish cont'd: We're going to continue to prove that for members of the board and attorneys to refer to him as that is disgraceful"

ABC7 Court News ?@ABC7Courts1m
Panish cont'd: we're going continue to show and prove what AEG is all about. This was just the tip of the iceberg."

ABC7 Court News ?@ABC7Courts1m
Jackson's fans said they were "outraged" at AEG's treatment of Michael. They were crying in the hallway and said animals are treated better.

ABC7 Court News ?@ABC7Courts58s
AEG's attorney, Marvin Putnam, said that he's waiting for actual evidence in the case to be presented and this was just personal attacks.

 

[ivy]

Top AEG attorney called Michael Jackson 'the freak' in email

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AEG's top lawyer referred to Michael Jackson as "the freak," according to an email. (Los Angeles Times)
By Jeff Gottlieb
May 22, 2013, 5:33 p.m.
Hours before Anschutz Entertainment Group executives were heading to Michael Jackson’s Holmby Hills home to sign multimillion-dollar contracts for his concert series in London, the firm’s top lawyer called Jackson “the freak” in an email to another company attorney.

The revelation, which came during the last 15 minutes of court Wednesday, enlivened the day’s testimony in the wrongful death suit that Michael Jackson’s mother and children have filed against AEG.

The email was shown to the jury during the testimony of Shawn Trell, general counsel for AEG Live, who has been on the witness stand for three days.

Trell’s cross-examination began with Jackson attorney Brian Panish asking the lawyer about his visit to the singer’s house to sign the contracts, the only time he met Jackson. “It was exciting to meet Michael Jackson,” he said.

Panish began to built toward a climax, asking Trell if it were company policy to speak in derogatory terms about an artist they were about to sign a huge deal with. “I may not have necessarily agreed with some of the life choices Michael Jackson made but I certainly had enormous respect for him as an entertainer,” Trell said.

Then Panish gave the jury a foreshadowing of what was to come. He asked Trell, “Did Mr. Fikre say to you that Michael Jackson was a freak?” a reference to Ted Fikre chief legal and development officer and a member of the board of parent company AEG, before slowly unraveling the emails.

The email chain starts Jan 28, 2009, with AEG Live executive Paul Gongaware writing Randy Phillips, president and chief executive of AEG Live, “MJ still on today?”

Phillips emails back. “Yes. 5 p.m. 100 Carolwood Dr. You and Shawn should be there,” referring to Trell.

Trell forwarded the email to Fikre, who replied two minutes later, “Does this mean you get to meet the freak?”

Trell replies, “Apparently. Not sure how I feel about that. Interesting for sure, but kind of creepy.”

Panish then scolded Trell as he sat in the witness box. “Didn’t your mother ever tell you if you don’t have anything good to say about someone not to say it?”

Asked outside court about the email, Jessica Stebbins Bina, an attorney representing AEG, replied, “I think it speaks for itself.”

The Jacksons are suing AEG, saying that the company negligently hired and supervised Dr. Conrad Murray, who administered the fatal dose of propofol to Jackson in June 2009. AEG says that Jackson hired Murray and that any money the entertainment company was supposed to pay the doctor was an advance to the singer.

 

[ivy]

Anthony McCartney ‏@mccartneyAP 3m
At end of the day, Mrs. Jackson left the courtroom through a back door. She passed Trell, who had his back to her. He was arranging papers.
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Anthony McCartney ‏@mccartneyAP 4m
Not sure if Trell felt the same way by the end of the day, with Panish grilling him on the date Jackson's contract was signed and emails.
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Anthony McCartney ‏@mccartneyAP 5m
Trell, who been in witness box since Monday, said during a break it’s not a hot seat. He says it’s actually there than in the audience.
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Anthony McCartney ‏@mccartneyAP 6m
One issue in the trial has been the temperature in the courtroom. It’s been hot and muggy throughout the trial.
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Anthony McCartney ‏@mccartneyAP 6m
Last few observations of the day from Jackson vs. AEG Live trial coming up...
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Anthony McCartney ‏@mccartneyAP 24m
Outside court, Panish said he was just getting started.
"That was just the tip of the iceberg," he said of the emails.
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Anthony McCartney ‏@mccartneyAP 25m
Trell returns to the stand in the morning to undergo more questioning from Panish.
"I’ll see you in the morning," he brusquely told Trell.
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Anthony McCartney ‏@mccartneyAP 26m
Some of the jurors laughed.
Judge sustained the objection that Panish's question was argumentative.
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Anthony McCartney ‏@mccartneyAP 26m
Panish: "Did your mom ever tell you that if you don’t have nothing nice to say, don’t say anything at all?"
AEG objected to the question.
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Anthony McCartney ‏@mccartneyAP 27m
Panish to Trell: "This is the kind of respect that your lawyer shows to this artist, referring to him as a freak?"
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Anthony McCartney ‏@mccartneyAP 28m
... that he might have been wrong about the exact date. That's when plaintiff's attorney Brian Panish showed the emails.
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Anthony McCartney ‏@mccartneyAP 28m
Trell said he was certain he'd testified correctly about the events of the day, but conceded toward the end of several questions ...
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Anthony McCartney ‏@mccartneyAP 29m
He started out by asking Trell if he was certain that Jackson signed the "This Is It" agreement on Jan. 26, 2009, as he'd testified.
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Anthony McCartney ‏@mccartneyAP 29m
Panish only got about 15 mins of questions in at the end of the day. He immediately went at Trell on his recollection of dates, details.
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Anthony McCartney ‏@mccartneyAP 30m
Other than the emails Panish showed at the end of the day, much of the testimony today was dry -- centering on contracts and payments.

 

[ivy]

ABC7 Court News ‏@ABC7Courts 2m
Shawn Trell will resume testimony tomorrow at 9:30 am PT. Paul Gongaware will follow as soon as Trell is done.
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ABC7 Court News ‏@ABC7Courts 3m
Panish: Have you ever told Mr. Anschutz that his general counsel at AEG referred to MJ as a freak?
Trell: No
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ABC7 Court News ‏@ABC7Courts 3m
From Trell to Fikre on 1/28/09
Apparently. Not sure how I feel about that. Interesting for sure, but kind of creepy.
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ABC7 Court News ‏@ABC7Courts 3m
Panish: And this is the kind of respect your lawyer shows to the artist referring him as a freak?
Trell: you have to ask Mr. Fikre
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ABC7 Court News ‏@ABC7Courts 4m
Fikre is the general counsel for AEG, Panish said.
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ABC7 Court News ‏@ABC7Courts 5m
From Fikre to Trell on 1/28/09, in response, three minutes later
Does this mean you get to meet the freak?
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From Trell to Ted Fikre (attorney on the board of AEG) on 1/28/09
FYI...
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ABC7 Court News ‏@ABC7Courts 6m
From Phillips to Gongaware, cc'd Trell:
5pm at 100 Carolwood Drive. You and Shaw should be there
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ABC7 Court News ‏@ABC7Courts 7m
"I don't believe he was misrepresenting the truth. It was Wednesday 28, not Monday the 26," Trell said.
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ABC7 Court News ‏@ABC7Courts 7m
"I didn't have the date necessarily in my calendar, I didn't have the date in front of me," Trell explained.
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Panish: You were wrong about that, sir?
Trell: I was wrong about the signing date
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ABC7 Court News ‏@ABC7Courts 8m
Panish noted the contract signing was on the 28th and not 26th as Trell referred to.
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ABC7 Court News ‏@ABC7Courts 9m
Email on 1/28/09 from Gongaware to Phillips:
MJ still on today, right?
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ABC7 Court News ‏@ABC7Courts 9m
"I may not necessarily agreed with some of the life choices he made," he said, adding "I won't forget meeting him that day."
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ABC7 Court News ‏@ABC7Courts 10m
"I think people have their own impressions, and thoughts and feelings about Michael Jackson," Trell explained.
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ABC7 Court News ‏@ABC7Courts 10m
Panish asked Trell if it was appropriate for AEG to use derogatory terms to refer to an artist.
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ABC7 Court News ‏@ABC7Courts 11m
"He seems very personable when I met him, I thought it was very interesting when he got up and met me at the door," Trell explained.
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ABC7 Court News ‏@ABC7Courts 12m
"I won't forget meeting Michael Jackson," Trell said.
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ABC7 Court News ‏@ABC7Courts 12m
January 26, 2009 was the first and only time Trell met with Michael Jackson. "I'm sure it was the only time I met MJ."
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ABC7 Court News ‏@ABC7Courts 12m
Trell said he was very, very involved in the "This Is It" tour.
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ABC7 Court News ‏@ABC7Courts 13m
Brian Panish: Have you seen documents where Dr. Murray is referred to as a consultant?
Trell: I don't recall
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ABC7 Court News ‏@ABC7Courts 14m
Bina: Does AEG Live does background check on its employees?
Trell: credit history may be requested when related to the position at issue
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ABC7 Court News ‏@ABC7Courts 15m
Trell said that MJ's Estate ultimately approved the productions advances incurred in the tour.
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ABC7 Court News ‏@ABC7Courts 15m
On June 25, Trell said there were two people that represented Michael Jackson in some management capacity: Dr. Tohme and Frank DiLeo.
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ABC7 Court News ‏@ABC7Courts 17m
"He appeared fine and the rehearsals were terrific," Trell said he was told.
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ABC7 Court News ‏@ABC7Courts 17m
There were no rehearsals on 21st and 22nd, Trell said, and MJ rehearsed on the 23rd and 24th.
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ABC7 Court News ‏@ABC7Courts 18m
Trell: Secondly, Dr. Murray scolded Kenny Ortega for raising concern, that he was taking care of Michael and he was just fine.
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ABC7 Court News ‏@ABC7Courts 19m
Meeting on June 20th: Dr. Murray, Michael, Randy Phillips and Kenny Ortega. "Firstly, Michael indicated he was fine, just fine," Trell said
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ABC7 Court News ‏@ABC7Courts 19m
He knew one on June 20th, and another one in the beginning of June, but he didn't know the date.
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"My understanding there were two meetings in which Dr. Murray attended and MJ was present," Trell said.
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ABC7 Court News ‏@ABC7Courts 20m
Bina: Did you speak with Mr. Phillips about his interaction with Dr. Murray?
Trell: Yes
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ABC7 Court News ‏@ABC7Courts 21m
"Everyone mentioned chilling or cold, but no one definitively stated at the time what was going on," Trell said.
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ABC7 Court News ‏@ABC7Courts 21m
Trell said he was in the courtroom when Travis Payne testified. He remembers Payne saying MJ looked like he had flu-like symptoms on 6/19/09
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ABC7 Court News ‏@ABC7Courts 23m
Email cont'd: He was like a lost boy. There still may be a chance he can arise to the occasion. If we get him the help he needs.
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ABC7 Court News ‏@ABC7Courts 23m
Email cont'd: He asked me repeatedly tonight if I was going to leave him. He was practically begging for my confidence. He broke my heart.
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ABC7 Court News ‏@ABC7Courts 24m
Email cont'd: it would shatter him, break his heart if we pulled the plug. He's terribly frightened it's all going to go away.
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ABC7 Court News ‏@ABC7Courts 25m
Email on 6/20/09 from Ortega to Phillips:
Finally, it's important for everyone to know, I believe that he really wants this
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ABC7 Court News ‏@ABC7Courts 26m
Trell spoke with individuals from AEG about MJ's physical condition. He said he was told MJ seemed fine and the performances were terrific.
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ABC7 Court News ‏@ABC7Courts 28m
Contract included provisions to terminate the contract for failure to provide appropriate medical licenses to work in the US and UK
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ABC7 Court News ‏@ABC7Courts 30m
Contract: in the United Kingdom and to perfonn the Services under this Agreement to the reasonable satisfaction of the producer.
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ABC7 Court News ‏@ABC7Courts 30m
Contract: Present to Producer no later than July 3, 2009 documented proof of all licenses required for Dr. Murray to practice medicine
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ABC7 Court News ‏@ABC7Courts 31m
Contract: for Dr. Murray to practice Medicine in the United States and to perform the Services under this Agreement.
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ABC7 Court News ‏@ABC7Courts 31m
Contract: Present to Producer within two (2) weeks from the date of this Agreement documented proof of any and all licenses required
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ABC7 Court News ‏@ABC7Courts 32m
Contract: and to fulfill all of his obligations under this Agreement including in accordance with applicable laws in the United Kingdom.
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ABC7 Court News ‏@ABC7Courts 33m
Contract: or from any governmental agency or authority to permit or otherwise legally authorize Dr. Murray to perform any and all Services
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ABC7 Court News ‏@ABC7Courts 34m
Responsibilities of GCA/Dr. Murray
4.3 Obtain, maintain and comply with all licenses or other approvals required by any applicable law
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ABC7 Court News ‏@ABC7Courts 41m
Contract: as are reasonably requested by Artist from time to time during the term hereof. "It was requested by Dr. Murray," Trell said
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ABC7 Court News ‏@ABC7Courts 42m
Redline:
It changed the scope of services from producer to artist in the sentence: "Dr. Murray shall also provide such other services
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ABC7 Court News ‏@ABC7Courts 46m
Email: which incorporates all of the revision you requested. I have redlined the word version so that you can see all the revisions.
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ABC7 Court News ‏@ABC7Courts 48m
Email on 6/23/09 from Kathy Jorrie to Wooley and Dr. Murray
I've attached hereto a revised version of your agreement
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ABC7 Court News ‏@ABC7Courts 50m
Contract: Such services will be administered professionally and w/ the greatest degree of care expected from members in the medical field.
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ABC7 Court News ‏@ABC7Courts 52m
Contract
Scope of Services: Dr. Murray will provide general medical care to the Artist...
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ABC7 Court News ‏@ABC7Courts 52m
Bina shows the Recitals of the contract. In one of them, it says Dr. Murry was a licensed cardiologist.
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ABC7 Court News ‏@ABC7Courts 53m
"The intention was to make it (provision 9) expressly subject to have Michael's signature on it," Trell explained.
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ABC7 Court News ‏@ABC7Courts 55m
The agreement was between AEG Live Productions, LLC and GCA Holdings LLC and Conrad Murray. GCA Holdings is Dr. Murray's employer.
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ABC7 Court News ‏@ABC7Courts 56m
"I'm not aware of MJ making objections to this provision," Trell said. Bina showed Dr. Murray's last page of the contract signed by Murray
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ABC7 Court News ‏@ABC7Courts 58m
"My understating he was an Artist Advance," Trell said. MJ's company was responsible for both artist and production advances.
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ABC7 Court News ‏@ABC7Courts 59m
Trell said he doesn't do the final settlement himself, but people who do ask him questions about how it should be done.
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ABC7 Court News ‏@ABC7Courts 59m
Trell said there's a final settling of the tour after the project is completed. That's where they categorize/re-categorize things.
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ABC7 Court News ‏@ABC7Courts 1h
"This was specific accommodation at the request of the artist as opposed to production cost incurred while mounting a show," Trell said
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ABC7 Court News ‏@ABC7Courts 1h
"My understanding is that he was going to be categorized as artist advance," Trell explained.
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ABC7 Court News ‏@ABC7Courts 1h
Contract: on behalf of an at the expense of the undersigned: Michael Jackson
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ABC7 Court News ‏@ABC7Courts 1h
Contract: The undersigned hereby confirms that he has requested producer to engage Dr. Murray on the terms set forth herein
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ABC7 Court News ‏@ABC7Courts 1h
"Because of the personal nature here from MJ for this particular engagement of his personal physician," Trell explained.
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ABC7 Court News ‏@ABC7Courts 1h
Contract: obligations to one another arising from the agreement.

Trell testified this was the first contract he saw this provision included
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ABC7 Court News ‏@ABC7Courts 1h
Contract: Without the artist's expressed and written approval of the agreement neither party to the agreement will have any rights
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ABC7 Court News ‏@ABC7Courts 1h
Contract:
Provision 9
Artist Consent: The effect of this agreement is conditioned upon the approval and consent of the artist.
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ABC7 Court News ‏@ABC7Courts 1h
6/15/09 Jorrie wrote to Wooley:
I've attached draft for your review/comment. If you approved the attached, please submit copy to Dr. Murray
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ABC7 Court News ‏@ABC7Courts 1h
Bina: Did Ms. Jorrie begin contract negotiations with Dr. Murray at your direction?
Trell: Yes
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ABC7 Court News ‏@ABC7Courts 1h
Email noted payment could only be made upon fully executed contract. Kathy Jorrie is attorney retained by AEG to work on Murray's contract.
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ABC7 Court News ‏@ABC7Courts 1h
5/28/09, Wooley to Dr. Murray
He said the legal department has not yet completed the agreement which is rather specialized, rare event
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ABC7 Court News ‏@ABC7Courts 1h
Email cont'd: don't apply to your specialized position. So it has to be custom-generated.
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ABC7 Court News ‏@ABC7Courts 1h
Email cont'd: But am looking for help writing the legal department because the form within which I work
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ABC7 Court News ‏@ABC7Courts 1h
Email on 5/21/09 from Wooley to Dr. Murray:
Dear Conrad,
I should like to send a contract to you in the next day or two
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ABC7 Court News ‏@ABC7Courts 1h
Trell said they produced Prince's tour a few years ago, which was analogous to the "This Is It" tour.
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ABC7 Court News ‏@ABC7Courts 1h
Trell said insurance was required based on the contract.
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ABC7 Court News ‏@ABC7Courts 1h
Bina: Surprised to bring family physician on board?
Trell: No we've had other tours where artists brought doctors for themselves/families
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ABC7 Court News ‏@ABC7Courts 1h
Bina: Did AEG have any role in choosing doctor Murray?
Trell: No
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ABC7 Court News ‏@ABC7Courts 1h
Trell: It would be misguided for us to inject ourselves in the lives of those people. (Referring to members of an artist's entourage)
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ABC7 Court News ‏@ABC7Courts 1h
Trell: On a nightly basis when they leave the premises, they go home, that is the sanctity of their home, that is their business.
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ABC7 Court News ‏@ABC7Courts 1h
Trell: people responsible for the project would be involved in establishing rates and conditions, agreement is handled by me or my office.
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ABC7 Court News ‏@ABC7Courts 1h
Trell: We hire third parties for equipment, sound. They're usually referred to us or they are known to the artist.
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ABC7 Court News ‏@ABC7Courts 1h
"Independent contractors have area of expertise needed to make the project happen" Trell said. It's expertise not within the company itself.
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ABC7 Court News ‏@ABC7Courts 1h
Trell said employees are insured by the company. Independent contractors are just that, that is why it is called independent.
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ABC7 Court News ‏@ABC7Courts 1h
Bina: Could AEG make a profit from cancellation insurance?
Trell: No, only to cover losses
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ABC7 Court News ‏@ABC7Courts 2h
Trell said there was no mention of drug abuse, alcohol abuse, sleep disorder.
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ABC7 Court News ‏@ABC7Courts 2h
List of what appeared on tabloids: Mj using a wheelchair, back injury, lupus, cancer, cosmetic procedures, lung infections.
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ABC7 Court News ‏@ABC7Courts 2h
Bina: We're you ever able to get more insurance coverage?
Trell: No, because concerns over what marketplace saw in media reports.
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ABC7 Court News ‏@ABC7Courts 2h
Trell: If someone died and the artist was so distraught that the artist could not perform, that loss would be covered by this policy.
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ABC7 Court News ‏@ABC7Courts 2h
Bina: you wouldn't go out to get a policy for an artist with an illicit drug problem?
Trell: no, because it wouldn't be covered
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ABC7 Court News ‏@ABC7Courts 2h
Trell says that he received report from insurance broker about the exam. "Other than a case of hay fever, Jackson passed in flying colors."
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ABC7 Court News ‏@ABC7Courts 2h
Bina: Did you have a problem with the cost of doctor?
Trell: I thought in LA there are world renown doctors, questioned the expense
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ABC7 Court News ‏@ABC7Courts 2h
Trell said insurance was $17.5 million. He said in the market place there was lot of skittishness; tabloid media possibility of skin cancer
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ABC7 Court News ‏@ABC7Courts 2h
Trell: It is not uncommon for an artist to have the assistance of a promoter. We have to be satisfied with the strength of the policy.
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ABC7 Court News ‏@ABC7Courts 2h
Trell: AEG had obligation regarding advances. We don't secure insurance to cover profits, only to protect losses from cancellation.
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ABC7 Court News ‏@ABC7Courts 2h
Trell: The cancellation insurance, whether one show lost or the entire tour, MJ was obligated to pay us regarding the production costs.
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ABC7 Court News ‏@ABC7Courts 2h
Trell said it's always the artists obligation to obtain this form of insurance to pay back the advances.
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ABC7 Court News ‏@ABC7Courts 2h
Trell: To pursue Jackson's interest films, AEG would put up a million dollars for development. They contemplated making 3 films.
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ABC7 Court News ‏@ABC7Courts 3h
Trell: while this agreement started in January, the conditions/terms not met. If Tohme would've performed as specified, would've been paid.
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ABC7 Court News ‏@ABC7Courts 3h
Compensation is detailed in contract. There was a condition precedent.
Trell refers to cancellation insurance in tour agreement.
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ABC7 Court News ‏@ABC7Courts 3h
Jessica Bina asked Trell about an agreement regarding former manager Tohme Tohme. He was employed by Jackson and contract added duties.
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ABC7 Court News ‏@ABC7Courts 4h
Watch @ABC7 Eyewitness News tonight at 11pm PT to see the emails and all the details about the story and http://www.abc7.com
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ABC7 Court News ‏@ABC7Courts 4h
AEG's attorney, Marvin Putnam, said that he's waiting for actual evidence in the case to be presented and this was just personal attacks.
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ABC7 Court News ‏@ABC7Courts 4h
Jackson's fans said they were "outraged" at AEG's treatment of Michael. They were crying in the hallway and said animals are treated better.
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ABC7 Court News ‏@ABC7Courts 4h
Panish cont'd: we're going continue to show and prove what AEG is all about. This was just the tip of the iceberg."
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ABC7 Court News ‏@ABC7Courts 4h
Panish cont'd: We're going to continue to prove that for members of the board and attorneys to refer to him as that is disgraceful"
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ABC7 Court News ‏@ABC7Courts 4h
Panish cont'd: "All he was to them was a vehicle to make money."
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ABC7 Court News ‏@ABC7Courts 4h
Jackson's attorney Brian Panish had this reaction outside court: "This exemplifies AEG had no respect for Mr. Jackson.
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ABC7 Court News ‏@ABC7Courts 4h
Shawn Trell answered: "Apparently. Not sure how I feel about that. Interesting for sure, but kind of creepy."
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ABC7 Court News ‏@ABC7Courts 4h
"Does this mean you get to meet the freak?" Ted Fikre, AEG's general counsel wrote to Shawn Trell.
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ABC7 Court News ‏@ABC7Courts 4h
This ema exchange happened hours before Shawn Trell went to MJ's house to sign the contract on January 28, 2009,
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ABC7 Court News ‏@ABC7Courts 4h
Jackson's attorney showed emails between attorneys high-up within AEG and AEG Live referring to Michael Jackson as "freak" and "creepy".
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ABC7 Court News ‏@ABC7Courts 5h
Before we detail everything that happened in court today, we'll describe the events that happened late afternoon when Trell testified
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ABC7 Court News ‏@ABC7Courts 8h
Katherine enters in an orchid colored jacket... cotton piqué according to sketch artist Mona Edwards, a former fashion illustrator.
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ABC7 Court News ‏@ABC7Courts 8h
Zhang was not able to hand it to her directly but was happy to give it to Will, one of her bodyguards.
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Keen Zhang is the president of China's Michael Jackson fan club. He brought program from a memorial service there to present to Mrs Jackson
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ABC7 Court News ‏@ABC7Courts 8h
It was mission accomplished for fan Karlene Taylor who guided a visitor from Beijing!
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ABC7 Court News ‏@ABC7Courts 8h
Hello from the courthouse in downtown LA. Day 16 of Jackson Family vs AEG wrongful death trial under way. Court in recess for lunch now.
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[ivy]

Jacksons vs AEG - Day 17 - May 23 2013 - News Only (no discussion)

Jacksons vs AEG - Day 17 - May 23 2013 - News Only (no discussion)

Use this thread to post any and all news stories from day 17 of Katherine Jackson vs. AEG trial.

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

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

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

 

[ivy]

Re: Jacksons vs AEG - Day 17 - May 23 2013 - News Only (no discussion)

ABC7 Court News ?@ABC7Courts 1m
We're now at lunch break, which is almost over. Trell resumed on the stand shortly.
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ABC7 Court News ?@ABC7Courts 1m
Rebbie exited hugging Mrs. Jackson in the hallway. Katherine was crying, took off her glasses, wiped his eyes.
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Katherine Jackson exited the courtroom in tears. She became emotional when Panish asked if MJ was being pressured.
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The agreement was the tour agreement, Trell said, where it contemplated it could be expanded based upon artist's approval.
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Panish: Were you concerned?
Trell: There's always a concern
Panish: Have you ever lost $34 million before?
Trell: No
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Trell said he doesn't think AEG was under pressure to lose $34 million. "It was Michael Jackson's obligation to us."
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"I have no idea what he felt," Trell said.

Panish: No one ever pressured him, right?
Trell: That's my impression.
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Panish: Was Mr. Jackson feeling pressured?
Trell: The email says he was frightened, it doesn't say he was feeling pressured.
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"I don't know why Kenny was referencing that, I don't know about mention of ending the tour," Trell said.
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This is the same email showed yesterday where Ortega said MJ was frightened that everything was going to go away.
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Panish: Was MJ pressured psychological and needed to be checked?
Trell: I don't know that.
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Email cont'd: and have applied tough love, now or never card, that the artist may be unable to rise to the occasion.
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Email from Ortega to Phillips on 6/20/09 at 2a:
My concern is now that we have brought the doctor in the fold
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Trell said he didn't know how much MJ's assets were worth. He agreed they were underinsured for the tour.
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Defendant's attorney asked for a sidebar. They claimed Panish was misrepresenting the evidence. After the sidebar, they changed subject.
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Panish asked Trell if he knew Randy Phillips threatened to take away Michael's house if he didn't perform.
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Trell testified the venue typically holds the money of the sold tickets. In this case, AEG was the owner of the venue, withheld the money.
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Trell doesn't know the exact number of the tickets sold. Estimating 15K seats for each of the 50 shows, Trell said it was about 750K tickets
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"I testified that I was inquiring of ways that might be available to breach the gap," Trell said about looking for additional insurance.
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"Meaning MJ showed up whenever MJ wanted to," Trell opined.
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"Timm Wooley's statement is inaccurate, in my opinion," Trell said, but agreed he never spoke with Wooley about it, never saw it before.
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Email cont'd: Looks like there might have been an issue in KO either not being demanding enough.
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Email cont'd: Randy Phillips and Dr. Murray are responsible for MJ rehearsal and attendance schedule.
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Email on 6/23/09 from Timm Wooley to Bob Taylor (insurance broker):
Kenny Ortega has responsibility only for the show content and structure
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Trell said he saw Dr. Tohme call MJ numerous times about the tour.

Trell: I don't know what she meant with the reference to "real McCoy".
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Trell said there was no reason to believe Dr. Tohme wasn't telling the truth when he said he represented Michael Jackson.
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Did you perform background check on Dr. Tohme?
Trell: No
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Jorrie questioned if he was the "real McCoy", meaning the real deal, and recommended a background check to be performed.
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Panish showed an email where attorney Kathy Jorrie expressed reservations about Dr. Tohme.
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"It's hard for me to describe, he was not an employee, and not independent contractor either," Trell.
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Panish pressed Trell for an answer, since he testified people working on the tour were either employees or independent contractors.
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Panish: Is he an independent contractor?
Trell: He's a party to an agreement
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Panish asked if Dr. Tohme was an employee of AEG.
Trell: He was not an employee
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"It was a fee for whatever services MJ wanted him to perform according to the agreement," Trell explained.
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"It was an agreement between us and Tohme regarding the service he would render on the tour," Trell said.
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Trell said AEG had a management agreement with Dr. Tohme, a management agreement.
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Trell said the people whom AEG contracted are either known to them, to the artist or in the business.
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Trell said he doesn't expect the CEO of a company to know everything within the company, as Phillips wrote that they 'checked everyone out'.
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Panish: Isn't it important to put everything in writing, sir?
Trell: Not necessarily, I don't think you can put everything in writing
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Panish: That's because it's your job to protect the financial interested of the company, rights?
Trell: It's part of my responsibility, yes
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As to independent contractors, Trell said the indemnity provision is always included in the agreements.
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Trell: I don't know if that would rise to a conflict of interest. There are facts and circumstances that would bear on this.
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Panish: Is it a conflict of interest to tell a doctor you are paying how he needs to treat his patient?
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Panish referred to the email from Gongaware on June 14, 2009 saying AEG was the one paying Dr. Murray's salary and what's expected of him.
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Panish: Do you know if Mr. Phillips ever threat Dr. Murray?
Trell: No, I don't know that.
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Panish: You have no idea what the law allows what a physician can discuss or someone can ask about a patient's condition, sir?
Trell: Yes
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Panish: Are you familiar with HIPPA?
Trell: I'm generally familiar with it, but don't know what the acronym means.
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If they are talking about generalities, Trell said he doesn't think there's need for an authorization that Panish was talking about.
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Panish: About their physical conditions?
Trell: I don't know that. I think it would depend on the nature and substance of the conversation.
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Panish asked if Trell thought it was ok for Phillips to speak with Dr. Murray alone. He said it depends on the substance of the conversation
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Panish asked if MJ ever signed a release of authorization for Randy Phillips to speak with Dr. Murray. Trell said he was not aware of one.
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"I'm aware he had spoken with him, but didn't know the length of the calls," Trell said.
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Panish asked if Trell knew Randy Phillips talked to Dr. Murray for 20 minutes on the phone.
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Trell explained that before AEG were to sign the final version, though, he would've reviewed everything to make sure there were no mistakes.
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Trell said he never reviewed any of the drafts of Dr. Murray's contract because Jorrie was handling the negotiation.
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Trell said he didn't have written approval from MJ for 50 shows. "But you wanted to get fully executed contracts right sir?" Panish inquired
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Panish: But you sold tickets for 50 shows?
Trell: The agreement contemplated in excess of 31, based on artist's approval.
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Panish: How many shows were in the tour?
Trell: In the tour agreement, 31.
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As to mistakes in contracts, Panish said there were a lot made in several contracts. He highlighted a few of them.
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Panish: Did Dr. Murray sign and fax back the contracts?
Trell: Yes, he did.
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"I believe there were three or four drafts," Trell explained.
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As to Dr. Murray's contract, Trell said it was prepared by AEG Live attorneys and never sent to any attorney representing MJ.
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Panish: You, AEG Live, could've said you should hire your own doctor with your own money, right?
Trell: Yes
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Panish: Do you believe a threat to lose $150,000 month could exert pressure on anyone?
Trell: I don't know that
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"We weren't aware of a conflict of interest," Trell said.
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"I think Mr. Jackson asked us to engage his (Dr. Murray) services for him and his family on the tour," Trell explained.
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AEG did not deduct any payment from Jorrie for making mistakes in the contracts, Trell said.
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Trell said he didn't know if AEG has a written contract with attorney Kathy Jorrie, who drafted Dr. Murray's contract.
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Trell said AEG never hired physicians for tours before.
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Panish said Prince's tour did not go well.

"I wouldn't agree with that statement," Trell said. "I've never spoken to Prince, ever."
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"We promoted and produced Prince's 88 tour," Trell said.

Panish: Is that a yes, one time you did promote/produce a tour?
Trell: Yes
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Trell said AEG has done other smaller productions as promoter and producer, only on two occasions for singers (Prince and MJ).
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"I approximate the number of tours I've been involved in to be about 100," Trell testified.
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Trell said when he met Michael Jackson in January of 2009, the singer didn't appear to be in pain.
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Katherine Jackson and daughter Rebbie are present in the courtroom. Brian Panish continues examination of AEG VP/General Counsel Shawn Trell
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Hello from the courthouse in downtown LA. Day 17 of Jackson Family v AEG wrongful death trial under way. AEG's Shawn Trell on the stand.

 

[ivy]

Michael Jackson trial: AEG email could bolster family's case

An AEG executive sent an email shortly before Michael Jackson died, saying the firm had requested a meeting with his doctor “to remind him that it is AEG, not MJ who is paying his salary. We want him to understand what is expected of him."

The email was shown to the jury Thursday in the wrongful death suit filed by Jackson’s mother and children against Anschutz Entertainment Group, the promoter and producer of his ill-fated “This Is It” concert series in London.

A key issue in the lawsuit is who employed Conrad Murray, the doctor who administered Jackson the fatal dose of the anesthetic propofol. The email appears to boost the Jackson family's case that Murray was employed by AEG and, therefore, his loyalty was to the firm. It was shown during the fourth day of testimony by Shawn Trell, AEG Live’s senior vice president and legal counsel.

AEG says that Jackson hired Murray and that any payments it was supposed to give the doctor were advances to the singer.

But Trell testified Thursday that negotiations about Murray's contract were between the doctor and AEG and that neither Jackson nor his representatives saw the three or four drafts.

“You could have said Mr. Jackson, 'We believe something as personal as hiring a doctor, you should hire your own doctor with your own money,' " asked Brian Panish, one of the Jackson’s attorneys.

“Yes,” Trell replied.

Panish asked him if anything stopped the firm from telling Jackson to negotiate a deal with Murray and then advance him the money, as it had for production costs and to pay for the cost of Jackson’s mansion.

“Nothing,” Trell replied.

Murray was supposed to receive $150,000 a month, but AEG never paid him. Murray signed the contract the day before Jackson died in June 2009. Neither AEG nor the singer signed it.

Michael Jackson trial: AEG email could bolster family's case - latimes.com

 

[ivy]

Re: Jacksons vs AEG - Day 17 - May 23 2013 - News Only (no discussion)

ABC7 Court News ?@ABC7Courts 27m
John Houghdahl was the stage manager of "This Is It" tour.
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Email cont'd: He was able to do multiple 360 spins back in April. He'd fall on his ass if he tried it now."
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Email cont'd: I have watched him deteriorated in front of my eyes over the last 8 weeks.
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Email cont'd: prepared to get on stage and then a trained to get him in physical shape... (Kobe's should be available)
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Email on 6/19/09 from John Hougdahl to Randy Phillips:
My laymen's degree tells me he needs a shrink to get him mentally
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Panish: Did everyone who were paid for TII tour without fully executed contracts?
Trell: I don't recall
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Email said: "Contract still under negotiation. Timm gave verbal Termination notice"
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Panish said he wants to show all the unexecuted contracts as June 25, 2009.
Michael Bearden
Alfred Dunbar
Orianthis Panagaris
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Panish: You told us every person who got paid had fully executed contract, right?
Trell: That's my impression
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Panish asked Trell about several people who worked for AEG but didn't have fully executed contracts.
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"There are employees that are hired by AEG who don't have contracts; they are at will employees," Trell explained.
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Brian Panish asked Trell if to work for AEG Live a person needed to have an executed contract.
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Katherine Jackson didn't return in the afternoon. Only Rebbie was present. We were told Mrs. Jackson is too upset.
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Judge said defendants chose Trell as person most qualified to speak on behalf of the company in 24 areas, so it takes time.
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Before jury entered, Judge Palazuelos said she wanted to address defendant's inquire that's plaintiff is taking too long examining Trell

 

[ivy]

Re: Jacksons vs AEG - Day 17 - May 23 2013 - News Only (no discussion)

ABC7 Court News ?@ABC7Courts 29m
For all the coverage, watch @ABC7 Eyewitness News and go to http://www.abc7.com
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We'll be back with complete coverage on Tuesday. Hope to see everyone here. Have a great weekend and safe holiday!
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There will be no trial tomorrow. It was agreed upon in the beginning that court would be dark tomorrow due to Memorial Day holiday.
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Judge ended the session and excused Shawn Trell, subject to recall if needed. Paul Gongaware takes the stand on Tuesday morning.
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Panish: Did Randy Phillips ever call your doctor to see how you're doing?
Trell: No
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Trell said he doesn't recall anybody else, other than Dr. Murray, at the rate of $150,000.
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"Of course Michale Jackson was necessary for a MJ tour," Trell explained. "It's his show, it's MJ show, he's the most important person."
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"I'm not aware of any payments to Dr. Tohme, and only aware of $50,000 to Mr. DiLeo for something related to the movie," Trell said.
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Trell said Dr. Murray's expenses were included in the expenses DiLeo and Tohme approved.
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Panish: You took the position, to satisfy the contract, that DiLeo and Tohme could sign after MJ was dead, yes or no?
Trell: Yes
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Regarding the approval of TII tour expenses:
Panish: You had no signature before Mr. Jackson was dead?
Trell: Correct
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"That does not mean Frank was paid $5 million," Trell said, explaining DiLeo was paid $50,000 but he didn't know what for.
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$50k payment to Frank would have to do with motion picture, Trell said. It would be taken out of the 5 million dollar bucket.
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10/13/09 from Shawn Trell to Rick Webking:
Approved $5 MM bucket
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"I don't recall me being involved in approving such payment," Trell testified. Panish showed emails regarding DiLeo's revised payment
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Panish, in re-re-cross: Did you know AEG paid Frank Dileo $5 million after MJ died?
Trell: No
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Bina: What was MJ's cause if death?
Trell: I believe it was acute Propofol intoxication, given by Dr. Murray in MJ's bedroom.
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Trell said AEG Live never supplied any equipment or paid for any drugs given to MJ.
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Bina: Did Mr. Jackson died from being sick?
Trell: No
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Bina: Did Mr. Jackson to your knowledge died from being too skinny?
Trell: No
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Bina: Did Mr. Phillips say he discussed treatment of Mr. Jackson with Dr. Murray?
Trell: No, not at all
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Trell said HIPPA law is an intent to protect a patient. He doesn't have any more knowledge about it.
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The email, Trell said, had to do with MJ being mentally prepared and about a trainer to get him in shape.
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Bina talked about Hougdahl's email. She asked if it mentioned drug abuse, medication, anesthesia. Trell said no.
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His job, Trell explained, was to supervise the what-you-see-on-stage.
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Bina played deposition from Trell were he said he didn't supervise people who performed personal services, like hair and make-up artists.
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Trell said that if MJ had any royalties, AEG would have rights on it to recoup the money, but couldn't take interest in his music catalogue.
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"The Michael Jackson company, in first instance, would be responsible to pay the money. Then MJ had guaranteed it," Trell testified.
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"We had entered into a multi-faced, multi-year agreement with MJ and wanted nothing but for it to be successful," Trell testified.
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"Second, even if the agreement was in place, effectively MJ was hiring Dr. Murray, just using our money," Trell said.
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"There were no inconsistencies in the agenda," Trell said.
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As to Dr, Murray, Trell said he didn't feel there was a conflict of interest, the interest of all three parties involved were the same.
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Bina: Did anyone ever tell you MJ had not approved the costs for TII tour?
Trell: No
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Trell said DiLeo was acting in some management capacity for MJ.
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"For instance, MJ asked AEG Live to retain services of Dr. Murray as his personal physician," DiLeo letter said.
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Bina showed a document from DiLeo saying he was MJ's manager from March 2009 until his death.
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As to the expense report sent to the estate and approved by Dr. Tohme, Trell said Frank DiLeo also signed it.
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Trell said there was an ongoing discussion about the expenses incurred to mount the show; impractical to get everyone's signature.
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Contract: Artistsco hereby per-approves thirty one shows or such greater number as agreed by artistco and promoter.
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Trell said there were dozens and dozens, North of 50 contracts done in "This Is It" tour.
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Trell said he didn't know if MJ and Dr. Murray talked about the contract. He said he didn't know whether MJ was going to sign it.
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Bina: When did you have an agreement with MJ?
Trell: As of January 28, 2009
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Bina: Does the agreement have to be in writing to exist?
Trell: Yes, of course
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Bina: Does the fact that you are negotiating means you have a contract?
Trell: No, it's just that, negotiation
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No contract needed MJ's consent and signature, except for Dr. Murray, Trell testified.
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Trell said Bearden's contract was eventually fully executed. It was under negotiation when MJ died.
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Equipment requested: CPR machine, saline, catheters, needles, gurney and other mutually approved medical equipment necessary 4 the Services
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And had it come to existence, Trell said, the equipment would've been provided in London.
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Bina: Did AEG Live ever provided him with medical equipments?
Trell: No. Two reasons: the agreement never went into the effect
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He also needed proof of insurance, Trell said. If Dr. Murray didn't provide them, there were grounds for termination of services.
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Jessica Bina did re-cross of Trell, who said Dr. Murray's agreement required medical licenses both here in the US and in the UK.
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Panish: Do you deny telling Mr. Taylor before MJ died that AEG employed Dr. Murray at the request of MJ?
Trell: I don't recall
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Tohme signed a letter on 6/28/09 on behalf of MJ's company approving the expenses of $34 million to go to Jackson's estate.
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"We would not pay on an agreement until there was a fully executed agreement," Trell said.
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As of May 5, 2009, Trell was made aware of MJ's request regarding Dr. Tohme, Panish said.
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On April 14, 2009, Michael Jackson wrote a "Notice of Revocation of a Power of Attorney" that Tohme was no longer representing him.
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Panish: Do you have anything in writing from Mr. Jackson for costs in excess of $7.5 million?
Trell: No
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Panish showed Trell the contract with MJ and the provisions showed any change needed to be in writing.
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Panish: Do you have anything in writing authorizing you to extend the tour to 50 shows?
Trell: Yes, we have the verbal approval
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Trell: We were dismissed from the case because we don't have a financial interest.
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AEG is no longer a party in the insurance last, Panish said.
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"The insurance would be one way MJ's company would repay us," Trell explained. Panish said there's a lawsuit pending regarding the insurance
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Brigitte dealt with the housing in London.

"No, we did not have sickness insurance coverage that day," Trell said.
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Email cont'd: but we can't without a contract in place. Would like to stall him with something for him to look at & mull over.
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Email on 5/26/09 from Timm Wooley to Brigitte Segal:
Brigitte,
Any joy with an agreement for Murray to sign. He's pinging on us for payment
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Panish: Were you trying to stall Dr. Murray in getting a contract?
Trell: Me?
Panish: You and AEG
Trell: Not to my knowledge
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Trell said Phillips never told him about this email.

"This email is an indication from Houghdahl to Phillips that he feels that way."

 

[ivy]

Katherine Jackson left court in tears during civil trial over Michael Jackson's death
Katherine Jackson, the family matriarch, grew upset Thursday as lawyers dissected emails related to her son’s fragile physical and emotional state shortly before his 2009 overdose death

Comments (2)
BY NANCY DILLON / NEW YORK DAILY NEWS

THURSDAY, MAY 23, 2013, 9:20 PM
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KEVIN MAZUR

Katherine Jackson left a courtroom in tears Thursday, upset by testimony in her lawsuit against AEG Live over what she says was negligence on the firm's part in overseeing the doctor convicted of manslaughter in Michael Jackson's death.
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Michael Jackson’s wrongful death trial opens as lawyer slams AEG Live as ‘ruthless’ for hiring Conrad Murray
Lawyer for Michael Jackson's mother, Katherine, raises question of whether footage was taken out of a documentary featuring the late singer
Michael Jackson lawsuit shocker: Concert promoter AEG demanded $300K from estate for doctor’s fee it never paid after King of Pop’s death
Michael Jackson wrongful death trial: Conrad Murray was not qualified to treat the pop star's substance abuse, sleep disorder

Michael Jackson’s mother left a courtroom in tears Thursday as lawyers dissected emails related to her son’s fragile physical and emotional state shortly before his fatal overdose in June 2009.

Katherine Jackson, the family’s 83-year-old matriarch, has been stoic throughout most of the civil trial in Los Angeles, which pits her and the Gloved One’s children against concert giant AEG Live, the firm that was behind the singer’s ill-fated comeback tour.

But on Thursday, Katherine Jackson reached a breaking point, her lawyer said.

“It was pretty upsetting for her. She hadn’t seen a lot of that stuff,” lawyer Brian Panish told the Daily News.

The emails, previously reported by The News, focused on concerns felt by tour director Kenny Ortega after Michael appeared weak and disoriented at a rehearsal on June 19, 2009, less than a week before his death.

Katherine Jackson is suing AEG for negligence, claiming the company failed to properly investigate and supervise the doctor hired to care for her son in connection with the doomed “This Is It” concert series.


KEVIN MAZUR

In one aspect of the testimony, the stage manager for the doomed "This is It" comeback tour suggested Michael Jackson was in such poor health that he would fall down if he tried to do a simple dance step.

The physician, Dr. Conrad Murray, is now serving four years in prison after he was convicted of manslaughter for recklessly treating Jackson’s insomnia with the surgery-strength anesthetic Propofol — the drug that caused his overdose.

AEG has denied any wrongdoing, saying Jackson personally hired Murray and then carefully hid his Propofol use behind a “locked” door.

Katherine Jackson was not in the courtroom later Thursday when Panish revealed a new email from John (Bugsy) Houghdahl, the stage manager for “This Is It,” in which he expressed worry over Jackson’s condition on June 19 — and even suggested that the legend who popularized The Moonwalk, one of the most famous dances in entertainment history, couldn’t pull off a simple dance step.

“My laymen’s degree tells me (Michael) needs a shrink to get him mentally prepared to get on stage and then a trainer to get him in physical shape,” Houghdahl wrote to AEG boss Randy Phillips shortly before 11 p.m.

“I have watched him deteriorate in front of my eyes over the last eight weeks,” he wrote. “He was able to do multiple 360 (-degree) spins back in April. He’d fall on his a-- if he tried it now.”

Panish grilled AEG General Counsel Shawn Trell over several emails related to that night, suggesting that the “eight weeks” Houghdahl referred to coincided with the start of Dr. Murray’s employment with the tour.


ISAAC BREKKEN/AP

Dr. Conrad Murray, the physician who cared for Michael Jackson as he readied for the tour, is now serving four years in prison after he was convicted of manslaughter for recklessly treating Jackson’s insomnia with the surgery-strength anesthetic Propofol — the drug that caused his overdose.

AEG lawyer Jessica Stebbins Bina returned to the Houghdahl email during cross-examination, asking Trell if Houghdahl raised any specific concerns about “medications” or “anesthesia.”

Trell said he wasn’t aware of any.

“What was his suggestion for Mr. Jackson?” she asked.

“Something about him (getting help to be) mentally prepared and getting a trainer to get him physically in shape,” Trell replied.

“Did Mr. Jackson die from being sick?” she asked.

“No,” Trell replied.



Read more: http://www.nydailynews.com/entertai...s-court-tears-article-1.1353293#ixzz2UBLxTGIi

 

[bouee]

http://hosted.ap.org/dynamic/stories/A/AP_US_JACKSON_AEG_SUIT?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT

Emails show concern for Jackson deterioration

By LINDA DEUTSCH
AP Special Correspondent
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LOS ANGELES (AP) -- A stage manager working on Michael Jackson's ill-fated "This Is It" concert warned an AEG executive days before the star's death that he was in a physical and mental decline and needed help, according to an email shown to jurors Thursday in court.

"I have watched him deteriorate in front of my eyes over the last eight weeks," said John Hougdahl in an email to Randy Phillips dated June 19, 2009. Jackson died five days later.

"My laymen's degree tells me he needs a shrink to get mentally prepared to get on stage," said Hougdahl, "and then a trainer to get him in physical shape."

He reported on Jackson's rehearsal performances saying, "He used to do multiple 360 spins back in April. He'd fall on his ass if he tried now."

The email was presented by a lawyer for Katherine Jackson in her lawsuit against the entertainment giant's parent company, AEG Live LLC, for negligence in the hiring of Jackson's doctor, Conrad Murray, who was later convicted of killing the pop superstar with an overdose of the anesthetic propofol.

Attorney Brian Panish presented several emails during questioning of AEG Live general counsel Shawn Trell. Trell's marathon four days of testimony ended only when Superior Court Judge Yvette Palazuelos finally cut him off and excused Trell from the stand.

Trell, who specializes in contracts, provided details of Jackson's concert deal and identified a number of emails from people expressing concern about Jackson's health and ability to go forward with a plan for 50 concerts. One of the more famous emails from director Kenny Ortega described Jackson in his last days as "a lost boy."

The lawsuit says AEG pushed Jackson too hard despite signs that he was in poor health.

When Trell was questioned about the possibility of Jackson being pushed too hard, Katherine Jackson, the star's mother, seated in the front row, became tearful and was escorted from the courtroom by her daughter, Rebbie, who has accompanied her every day. Mrs. Jackson did not return for the rest of the day's court session.

Jessica Stebbins Bina, a trial defense lawyer for AEG, questioned Trell about witnesses who described Jackson as ill and emaciated in his last days.

"Did Mr. Jackson die of being too thin?" she asked.

"No," said Trell.

"Did Mr. Jackson to your understanding, die of being sick?" she asked.

"No," said Trell, confirming the star died of acute propofol intoxication.

Trell said he never heard of the drug until after Jackson's death and had no idea Murray was giving it to him.

Bina asked if AEG Live had ever provided medical supplies to Jackson or his doctor and Trell answered no.

He confirmed that Murray's contract with AEG was never signed and identified documents showing that Phillips objected to hiring the doctor for $150,000 a month, but "Michael insisted."

The trial was recessed until Tuesday when AEG executive Paul Gongaware is scheduled to testify.

© 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Learn more about our Privacy Policy and Terms of Use.

 

[bouee]

Re: Jacksons vs AEG - Day 17 - May 23 2013 - News Only (no discussion)

http://edition.cnn.com/2013/05/23/showbiz/jackson-death-trial/index.html?iref=allsearch

Los Angeles (CNN) -- A top AEG executive referred to Michael Jackson as "the freak" and another called him "creepy" just hours before their company signed the pop icon to a huge concert deal.

The revelation brought an audible gasp in the Los Angeles courtroom at the wrongful death trial Wednesday and left fans crying.

Jackson's mother and children are suing AEG Live for what they say was the negligent hiring, retention or supervision of Dr. Conrad Murray, the physician convicted of involuntary manslaughter in the singer's death.

Katherine Jackson watched from the front row as her lawyer questioned AEG Live Senior Vice President and General Counsel Shawn Trell about an e-mail exchange with his boss at parent company AEG.

The Jackson family matriarch began weeping when Trell returned to the witness stand Thursday morning. She left the courtroom and did not return.

Sweet controversy at death trial

"Is it the policy of AEG to talk in derogatory terms about the artist you're going to do business with?" Jackson lawyer Brian Panish asked.
Who\'s who in Jackson trial Who's who in Jackson trial
Photos: People we lost in 2013 Photos: People we lost in 2013
Van Halen on Michael Jackson: Sweet guy
Jackson wrongful death trial under way

"No," Trell answered.

Panish then showed jurors an e-mail Trell sent on January 28, 2009, to Ted Fikre, AEG's chief legal officer, letting him know he was about to go to Jackson's home for the signing of the contract for his "This Is It" concert tour.

"Does that mean you get to meet the freak?" Fikre replied.

Trell responded: "Apparently. Not sure how I feel about that. Interesting for sure, but kind of creepy."

The e-mail exchange happened less than four hours before Trell and other AEG executives visited Jackson's Los Angeles home.

AEG execs face questions about Jackson's death

"This is a man you hoped to make millions and millions of dollars from?" Panish asked Trell. "Didn't your mom ever say if you don't have anything good to to say about someone, don't say anything?"

Trell earlier testified that he was excited to meet Jackson for the first time and was impressed with his "good, firm handshake."

"I may not have necessarily agreed with some of the life choices Michael Jackson made, but I certainly had enormous respect for him as an entertainer."

Manager's e-mails found, could be key

A dry review

Most of Wednesday's session was a dry review of Jackson and Murray's contracts as AEG Live's defense team worked to convince jurors that Murray was not hired by the concert promoter. Jackson chose, hired and supervised the doctor, they contend.

Murray signed his contract the day before Jackson's June 25, 2009, death, but AEG executives and Jackson never put their signatures on it. Jackson lawyers, however, argue he had been already working for two months based on an oral contract.

The Jackson lawsuit contends that AEG Live executives ignored red flags that should have warned them that Jackson was in danger from Murray's treatment.

The coroner ruled that Jackson died from an overdose of the surgical anesthetic propofol, which Murray told police he was using to treat the singer's insomnia.

Panish -- the Jackson family's lead lawyer -- questioned Trell Thursday about his previous testimony that there were no "red flags" to alert AEG executives about Jackson's declining health.

He showed jurors an e-mail sent to AEG Live President Randy Phillips and Co-CEO Paul Gongaware by "This Is It" stage manager John "Bugzee" Houghdahl on June 19, 2009 -- six days before Jackson died.

"I have watched him deteriorate in front of my eyes over the last 8 weeks," Houghdahl wrote. "He was able to do multiple 360 spins back in April. He'd fall on his ass if he tried now."

Another Prince

The name of Prince Rogers Nelson -- the artist commonly known as Prince -- came up when Trell acknowledged that while AEG Live had promoted about 100 tours, it had produced only one other concert tour the size of Jackson's shows.

When Panish suggested Prince had not had "a very favorable experience" with AEG, Trell said he'd not spoken to him about it.

Panish: "Did you ever try to get a doctor for $150,000 a month for Prince?"

Trell: "No."

Panish: "And is Mr. Nelson is still alive today?"

Trell: "Yes."

Witness: 'Everybody was lying' after Jackson died

 

[ivy]

Key question in Jackson trial: who employed Dr. Conrad Murray
In testimony that appeared to undercut AEG's claims that the doctor worked for Jackson, a company executive said negotiations over Murray's contract did not include the singer or his advisors.

By Jeff Gottlieb and Corina Knoll, Los Angeles Times
May 23, 2013, 8:55 p.m.
The central question in the Michael Jackson wrongful-death trial is who employed Dr. Conrad Murray: Jackson or concert promoter AEG.

In testimony that appeared to undercut AEG's claims that the doctor worked for Jackson, a company executive said Thursday that negotiations over Murray's $150,000-a-month contract did not include the singer or his advisors. He also said that the performer's camp never saw the drafts of the agreement.

The admission by Shawn Trell, AEG Live's senior vice president and general counsel, appeared to help the Jackson family members who insist the company negligently hired and supervised Murray, now serving time for involuntary manslaughter after giving the singer a fatal dose of the anesthetic propofol.

AEG maintains that Jackson hired Murray and that his salary was part of an advance made to the singer for his "This Is It" tour to be held at the 02 Arena in London. The day before Jackson died, Murray signed a contract with AEG, but the agreement was never signed by the company or Jackson.

The case brought by Jackson's mother and three children against Anschutz Entertainment Group has so far largely been built on emails that portray AEG executives as brash, callous business people who dismissed the pop star's erratic behavior and emaciated frame and were concerned only with potential profits.

In one example, Ted Fikre, AEG's chief legal and development officer, called Jackson "the freak" in an email to Trell.

According to an email shown to jurors Thursday, the production manager for Jackson's planned comeback concerts told an AEG executive that he had watched the performer deteriorate physically and mentally over the previous eight weeks.

John "Bugzee" Hougdahl sent the message to AEG Live President and Chief Executive Randy Phillips six days before Jackson died, noting that the performer was in need of a physical trainer and "a shrink to get him mentally prepared."

"He was able to do multiple 360 spins back in April," Hougdahl wrote. "He'd fall on his ass if he tried it now."

Emails concerning Murray have been shown repeatedly since the trial began four weeks ago and could end up being crucial to jurors.

"We want to remind him that it is AEG, not MJ who is paying his salary," AEG executive Paul Gongaware wrote June 14, 2009, to the tour's director, Kenny Ortega, about a planned meeting with Murray. "We want him to understand what is expected of him."

Less than a week later, Ortega emailed Phillips that Jackson was exhibiting signs of paranoia, anxiety and obsessive-like behavior. Ortega suggested bringing in a psychiatrist.

"It's like there are two people in there," Ortega wrote. "One (deep inside) trying to hold on to what he was and still can be and not wanting us to quit him, the other is in this weakened and troubled state."

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. … This doctor is extremely successful (we check everyone out) and does not need this gig so he [is] totally unbiased and ethical."

The Jacksons' attorney, Brian Panish, took aim Thursday at AEG's contention that Jackson was ultimately paying Murray.

"You could have said, 'Mr. Jackson, we believe something as personal as hiring a doctor, you should hire your own doctor with your own money,'" Panish said to Trell.

"Yes," the AEG attorney replied.

Panish asked him what stopped the firm from telling Jackson to negotiate a deal with Murray and then advance the singer the money, as it had for production costs and to pay the rent on his mansion.

"Nothing," Trell replied.

Trell, who was on the witness stand for four days, said the company never looked into Murray's background because he was an independent contractor. After Jackson's death on June 25, 2009, investigators discovered Murray owed hundreds of thousands of dollars in tax liens, child support and other debts.

Attorneys for the Jacksons have argued that the doctor's situation motivated him to push Jackson to perform.

"Do you believe the thought of losing $150,000 a month would put pressure on anyone?" Panish asked Trell.

"I can't speak to that," Trell replied.

AEG attorney Marvin Putnam was dismissive of the plaintiffs' case, saying much of the evidence did not deal with the relevant issues but was introduced to inflame the jury. "If you can't put on a case, put on a show," Putnam said.

 

[ivy]

Jacksons vs AEG - Day 18 - May 28 2013 - News Only (no discussion)

Jacksons vs AEG - Day 18 - May 28 2013 - News Only (no discussion)

Use this thread to post any and all news stories from day 18 of Katherine Jackson vs. AEG trial.

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

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

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

 

[ivy]

Re: Jacksons vs AEG - Day 18 - May 28 2013 - News Only (no discussion)

Elvis' connection to Michael Jackson's death enters trial
By Alan Duke, CNN
updated 6:25 AM EDT, Tue May 28, 2013

Michael Jackson's mother and children are suing AEG Live for liability in the pop icon's death.

STORY HIGHLIGHTS
AEG Live Co-CEO Paul Gongaware expected to be asked about experience with Elvis
Gongaware wrote what Jackson lawyers call the "smoking gun" e-mail
Gongaware managed Jackson's two tours in the 1990s
He was in charge of producing Jackson's "This Is It" comeback tour

Los Angeles (CNN) -- AEG Live co-CEO Paul Gongaware, whose career as a concert promoter started with Elvis Presley's last tours, testifies Tuesday about Michael Jackson's final days.

Gongaware, who was one of the top producers of Jackson's comeback concerts, takes the stand as the Michael Jackson wrongful death trial enters its fifth week in a Los Angeles courtroom.

Jackson's mother and children are suing AEG Live for liability in the pop icon's death, accusing the concert promoter of negligently hiring, retaining or supervising Dr. Conrad Murray, the physician convicted of involuntary manslaughter.

AEG lawyers contend that Michael Jackson chose, hired and supervised Murray and that his bad decisions were fueled by a drug addiction their executives had no way of knowing about.
The Elvis connection

Elvis' name is expected to come up as Jackson's lawyers question Gongaware about his knowledge of drug use during concert tours. He should have been able to recognize red flags warning about Jackson's drug use because of his experience with Presley and his time as Jackson's tour manager in the 1990s, they contend.

Van Halen on Michael Jackson: Sweet guy Jackson wrongful death trial under way Jackson family wants AEG to pay Mesereau: AEG arguments may backfire

When Gongaware was managing Jackson's 1993 tour he warned the tour doctor "Don't be a Dr. Nick" -- a reference to Elvis Presley's last physician -- the doctor testified in a deposition.

"Dr. Nick was the doctor whose overprescription of drugs to Elvis had led to Elvis' death," according to a court filing by lawyers for the Jackson family.

Presley collapsed in the bathroom of his Memphis, Tennessee, mansion -- Graceland -- on August 16, 1977, at the age of 42. While his death was ruled the result of an irregular heartbeat, the autopsy report was sealed amid accusations that abuse of prescription drugs caused the problem.

"Dr. Nick" -- Dr. George Nichopoulos -- said later he was treating Presley for insomnia. He was charged with over-prescribing drugs to Presley, but he was acquitted. He later lost his medical license in another case.
Jackson died on June 25, 2009, at the age of 50. The coroner ruled his death was caused by a fatal combination of sedatives and the surgical anesthetic propofol. Murray told investigators he gave Jackson nightly infusions of propofol to treat his insomnia. He was convicted of involuntary manslaughter, sentenced to four years in prison and stripped of his medical license.

The Jackson lawyers are using Gongaware's Elvis and "Dr. Nick" reference to argue that "AEG knew Jackson had suffered chronic substance abuse and drug dependency problems for many years."

"Shortly after he joined the 'Dangerous' tour in 1993, Dr. Finkelstein was asked to treat Jackson for pain," the Jackson filing said, referring to Dr. Stuart Finkelstein, a doctor on the 1993 tour.

"Having observed signs of opiate addiction in Jackson, Dr. Finkelstein nonetheless administered Demerol by injection, and administered morphine intravenously in Jackson's Bangkok hotel room for 24 hours."

After that, Finkelstein told Gongaware "he thought Jackson had an opiate dependency problem," the filing said.
"For three and a half months, the 'Dangerous' tour continued," it said. "Another doctor attended Jackson regularly, on one occasion breaking into Dr. Finkelstein's bag to get opiates to administer to Jackson. Gongaware was there the whole time, in charge of tour logistics, aware of the various physicians present, and he discussed with Dr. Finkelstein Jackson's opiate problem."

When Gongaware warned Dr. Finkelstein, who the brief described as his "close friend," not to become Jackson's "Dr. Nick," he was "warning me, you know, don't get all infatuated where you start administering meds to a rock star and have the rock star overdose and die on you," Dr. Finkelstein testified.

The 'smoking gun'
Gongaware is also a key witness because he wrote what Jackson's lawyers call the "smoking gun" e-mail which they argue shows AEG Live executives used Murray's fear of losing his lucrative job as Jackson's personal physician to pressure him to have Jackson ready for rehearsals despite his fragile health.

Gongaware's e-mail to show director Kenny Ortega, sent 11 days before Jackson's death, addressed concerns that Murray had kept Jackson from a rehearsal the day before: "We want to remind (Murray) that it is AEG, not MJ, who is paying his salary. We want to remind him what is expected of him." Gongaware, in a video deposition played in court on the first day of the trial, said he could not remember writing the e-mail.

"They put Dr. Murray in a position where if he said Michael can't go or can't play, if he said I can't give you those drugs, then he doesn't get paid," Jackson lawyer Brian Panish told jurors in his opening statements.

AEG lawyer Marvin Putnam said in his opening statement that Gongaware and other AEG executives had no way of knowing about Jackson's use of propofol to sleep.

"AEG knew nothing about this decade-long propofol use," Putnam said. "They were a concert promoter. How could they know?"

Gongaware will also face questions about an e-mail in which he seemed to question Jackson's commitment to his "This Is It" tour.

"We cannot be forced into stopping this, which MJ will try to do because he is lazy and constantly changes his mind to fit his immediate wants," he wrote to his boss, AEG Live President Randy Phillips.

Jackson make up artist Karen Faye testified earlier abut an incident in which Gongaware became frustrated because Jackson locked himself in a bathroom at his home, refusing to leave for rehearsals at the Forum. Gongaware was "angry and kind of desperate to get Michael to the Forum," Faye said.

She overheard Gongaware screaming on the phone at Jackson's security guard, telling him "to get him out of the bathroom. Do you have a key? Do whatever it takes."

'Trouble at the Front'
Jackson lawyers are also expected to ask Gongaware about e-mails he received that raised questions about Jackson's health in the last weeks of his life.

"This Is It" production director John "Bugzee" Houghdahl wrote to him on June 19, 2009 -- six days before Jackson died -- "I have watched him deteriorate in front of my eyes over the last 8 weeks. He was able to do multiple 360 spins back in April. He'd fall on his ass if he tried now."

Houghdahl's e-mail, titled "trouble at the Front" was written after Ortega sent Jackson home from a rehearsal 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," Houghdahl wrote. "The company is rehearsing right now, but the DOUBT is pervasive."

http://www.cnn.com/2013/05/28/showbiz/jackson-death-trial/index.html?sr=sharebar_twitter

 

[ivy]

Re: Jacksons vs AEG - Day 18 - May 28 2013 - News Only (no discussion)

Corina Knoll @corinaknoll
AEG attorneys object to Janet Jackson and Rebbie in the courtroom, say agreement was Katherine could have just 1 supporter
Corina Knoll ?@corinaknoll 1m
Gongaware is an AEG exec and a defendant in the civil suit
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Corina Knoll ?@corinaknoll 5m
Paul Gongaware expected to testify today in MJ civil trial.
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Corina Knoll ?@corinaknoll 20m
Janet Jackson hugged her mother Katherine in the hallway to the excitement of waiting fans.
Expand
Corina Knoll ?@corinaknoll 22m
Janet Jackson, her mother Katherine and sister Rebbie just entered the courtroom.
Expand
Corina Knoll ?@corinaknoll 35m
"MJ eyewitness fans - testify for MJ!" -- banner flown by plane over downtown L.A. this morning.

 

[ivy]

AEG exec testifies he knew Michael Jackson was taking painkillers

Comments
0

Michael Jackson rehearses at Staples Center in Los Angeles shortly before his death in 2009. (Kevin Mazur / Associated Press / June 23, 2009)
By Corina Knoll
May 28, 2013, 11:49 a.m.
A high-ranking AEG executive testified Tuesday that he had known for years that Michael Jackson was taking painkillers but wasn’t aware he was abusing them until the pop singer abruptly canceled his Dangerous world tour in the early 1990s to enter rehab.

Paul Gongaware, the co-chief executive of AEG Live’s touring division Concerts West, testified that although he was the manager of the Dangerous tour and knew Jackson was being given painkillers, he didn’t know how serious the problem was until the singer made a public announcement during the tour about his decision to check into rehab.

Gongaware is a defendant along with AEG in a wrongful death suit filed by Jackson’s mother and three children that accuses the concert promotion company of negligently hiring and controlling Dr. Conrad Murray, who gave the singer a fatal dose of the surgical anesthetic propofol and is now serving jail time for involuntary manslaughter.

Leaning back casually in his chair as he answered questions from the Jackson family attorney, Gongaware said he knew a doctor was medicating Jackson during the Dangerous tour but did not find out why the tour was eventually cut short.

“Didn’t have time,” Gongaware said. “I was just dealing with what was in front of me.”

Gongaware, expected to be on the stand for several days, began working at Concerts West about 1976, before it was a subsidiary of AEG Live. He worked on Elvis Presley’s final tour, which ended with the performer’s death.

“So you knew what to expect when Michael Jackson passed away, is that right, sir?” Brian Panish asked.

“I kind of knew what was going to happen, yes,” Gongaware answered.

Before Tuesday's court session began, the appearance of Janet Jackson sent a murmur through the small crowd gathered in the hallway. The singer hugged her mother, Katherine, as fans watched and called out, “Janet, you’re beautiful.”

Attorneys for AEG objected to the high-profile performer sitting inside the courtroom along with her sister Rebbie.

Judge Yvette Palazuelos ruled earlier that Katherine Jackson — who has attended nearly every day since the trial began four weeks ago — is allowed only one supporter at the trial since most of her family members are on the witness list.

Palazuelos said the issue would be addressed later.

 

[ivy]

Re: Jacksons vs AEG - Day 18 - May 28 2013 - News Only (no discussion)

ABC7 Court News ?@ABC7Courts1m
Hello from the courthouse in downtown LA. Jackson Family vs AEG trial resumed this morning with AEG executive Paul Gongaware on the stand.

ABC7 Court News ?@ABC7Courts51s
Before testimony began, a little spectacle outside the courthouse with a plane towing a banner saying "MJ Eyewitness Fans -- Testify for MJ"

ABC7 Court News ?@ABC7Courts44s
Throughout the trial, a dozen fans have been showing up every day to monitor the proceedings. No one knows who's being the banner.

ABC7 Court News ?@ABC7Courts44s
Katherine Jackson is accompanied by several of her children today: Janet, Rebbie and Randy. Only 1 was allowed to stay, and Janet was chosen

ABC7 Court News ?@ABC7Courts1m
Defendants attorney told the judge they would like to limit the number of family member in the courtroom, since they are potential witnesses

ABC7 Court News ?@ABC7Courts1m
Paul Gongaware is one of the defendants in the case. He's an adverse witness called by the plaintiffs.

ABC7 Court News ?@ABC7Courts1m
Gongaware is Co-CEO of Concerts West, part of AEG Live. He produced Prince's tour in 2004. He has not promoted/produced tours since.

ABC7 Court News ?@ABC7Courts58s
Gongaware has not talked to Prince after the tour.

ABC7 Court News ?@ABC7Courts46s
Gongaware was a CPA licensed in NY and Washington. He said he believes he's still licensed but hasn't checked status since there's no need

ABC7 Court News ?@ABC7Courts45s
Gongaware has toured with Beach Boys, Led Zeppelin and is currently on your with The Rolling Stones. He worked for Jerry Weintraub in 80s

ABC7 Court News ?@ABC7Courts1m
Gongaware said he worked on Elvis Presley tour. Panish asked if Elvis died of drug overdose, and Gongaware said yes.

ABC7 Court News ?@ABC7Courts1m
Gongaware replied to a condolences' email on July 5, 2009: "I was working on the Elvis tour when he died, so I kind of knew what to expect."

ABC7 Court News ?@ABC7Courts23s
Gongaware testified he worked with another artist who had drug problems: Rick James.

ABC7 Court News ?@ABC7Courts15m
Panish skipped around, asked about name Concerts West, assets. About working for Jackson 5, Gongaware said had no interaction w/ MJ

ABC7 Court News ?@ABC7Courts13m
Gongaware worked on MJ's Dangerous tour in 92-93. Panish said MJ made $100 million and donated it to charity. Gongaware said he didn't know.

ABC7 Court News ?@ABC7Courts10m
When Gongaware met Jackson was with Colonel Parker (Elvis' manager) in Las Vegas. MJ wanted to meet the Colonel.

ABC7 Court News ?@ABC7Courts8m
Gongaware explained the difference between being tour manager and managing the tour. He talked about MJ's History tour, various legs, job

ABC7 Court News ?@ABC7Courts7m
Panish: You knew that MJ had been to rehab during the dangerous tour? Gongaware: Yes, based on the statement he made after the tour

ABC7 Court News ?@ABC7Courts5m
Gongaware said he never knew MJ was involved with drugs until after the end of the Dangerous tour.

ABC7 Court News ?@ABC7Courts4m
Gongaware told LAPD he was aware of Jackson's previous use of pills/painkillers but did not want to get involved.

ABC7 Court News ?@ABC7Courts3m
Panish said Dr. Finkelstein testified under oath that Gongaware knew MJ had problems w/ painkillers before the end of Dangerous tour ended.

ABC7 Court News ?@ABC7Courts2m
Panish: Do you dispute that? (Finkelstein testimony) Gongaware: I knew that he had pain

ABC7 Court News ?@ABC7Courts36s
Gongaware said Dr. Finkelstein is his doctor and friend and that they talk off and on, but he doesn't know specifics of the doctor's depo

ABC7 Court News ?@ABC7Courts1m
Dr. Finkelstein said he gave MJ painkillers after concert in Bangkok after Michael had scalp surgery.

ABC7 Court News ?@ABC7Courts48s
Gongaware said he didn't recall how many times he met with his lawyers after his deposition, but it was more than 10, less than 20.

ABC7 Court News ?@ABC7Courts1m
In Gongaware's video depo: Did you ever ask Dr. Finkelstein if he treated MJ during the Dangerous tour? He wouldn't take about that stuff

ABC7 Court News ?@ABC7Courts40s
Another part of Gongaware's video depo: He said yes, he occasionally treated Michael Jackson on the Dangerous tour.

ABC7 Court News ?@ABC7Courts3m
Panish: Were you always honest with MJ? Gongaware: I believe I was

ABC7 Court News ?@ABC7Courts58s
Panish: Did you throw around numbers to trick Michael Jackson? Gongaware: I didn't try to trick Michael

ABC7 Court News ?@ABC7Courts2m
Lunch break is almost over. More to come soon.

 

[ivy]

Re: Jacksons vs AEG - Day 18 - May 28 2013 - News Only (no discussion)

Corina Knoll ?@corinaknoll 49m
"We cannot be forced into stopping this, which MJ will try to do because he is lazy and constantly changes his mind." Gongware email
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Corina Knoll ?@corinaknoll 50m
"I wasn't trying to fool him. I wanted to present it in the best possible light." Gongaware on altering look of MJ's schedule
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Corina Knoll ?@corinaknoll 51m
"Figure it out so it looks like he's not working so much." Gongaware email request to alter MJ's schedule

 

[ivy]

Michael Jackson case: 'We need to pull the plug now,' says AEG email

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By Jeff Gottlieb
May 28, 2013, 1:40 p.m.
Three months before Michael Jackson died, a top executive of concert promoter AEG Live wrote an email to another company executive saying, "We need to pull the plug now. I will explain."

The email was sent on March 25, 2009, and was from Randy Phillips to Paul Gongaware, who took the stand Tuesday in what is expected to be the first of several days of testimony.

Gongaware denied that the email was a reference to calling off Jackson’s "This Is It" concerts in London but instead was pointed at "pulling the plug on Karen Faye," the singer's hairstylist, makeup artist and longtime friend who had expressed fears about Jackson's poor health.

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"We never talked about pulling the plug on the Michael Jackson tour, not that I recall.” said Gongaware, co-chief executive of AEG Live's touring division.

Faye testified earlier in the trial that she told tour director Kenny Ortega in June that she was worried Jackson would die.

In another March 25, 2009, email, Ortega wrote Gongaware that it was Faye's "strong opinion that this is dangerous and impractical with consideration to MJ's health and ability to perform." The singer died June 25, 2009, as he was rehearsing for the tour.

PHOTOS: Michael Jackson | 1958-2009

The email, shown to the jury in the wrongful-death suit filed by Jackson's mother and children, raises questions about how early people began sending out warnings about Jackson's health.

"I think Kenny wanted to pull the plug on her because of the way she handled the situation," Gongaware testified about Faye. "She tried to control access to Michael Jackson, and Kenny didn’t like that.”

In other emails shown to the jury, Gongaware denigrated Jackson's work ethic. He told his assistant to change the colors of a calendar so the singer would think he had more days off.

"Figure it out so it looks like he's not working so much," Gongaware wrote.

Another email, Gongaware said, was about the need for Jackson to appear at a news conference in London announcing the concerts.

"We cannot be forced into stopping this, which MJ will try to do because he is lazy and constantly changes his mind to fit his immediate wants,” he wrote.

Explaining the email, Gongaware testified that Jackson "really didn’t like to rehearse. He didn’t like to do these kinds of things."

Jackson's mother and three children are suing AEG for negligently hiring and supervising Conrad Murray, the doctor who administered a fatal dose of the anesthetic propofol to the singer.

AEG maintains that Jackson hired Murray and that any money the company was supposed to pay the physician was actually part of an advance to the singer.

 

[ivy]

Re: Jacksons vs AEG - Day 18 - May 28 2013 - News Only (no discussion)

Promoter: 'I kind of knew what was going to happen' to Michael Jackson
By Alan Duke, CNN
May 28, 2013 -- Updated 2053 GMT (0453 HKT)

Michael Jackson's mother and children are suing AEG Live for liability in the pop icon's death.
STORY HIGHLIGHTS
NEW: AEG Live Co-CEO Paul Gongaware was with Elvis' manager when he first met Jackson
NEW: "I was working on the Elvis tour when he died so I kind of knew what to expect," he wrote
Gongaware managed Jackson's two tours in the 1990s
He was in charge of producing Jackson's "This Is It" comeback tour
Los Angeles (CNN) -- AEG Live co-CEO Paul Gongaware, whose career as a concert promoter started with Elvis Presley's last tour, testified Tuesday about Michael Jackson's final days.
"I was working on the Elvis tour when he died so I kind of knew what to expect," Gongaware wrote in an e-mail to a friend two weeks after Jackson died. "Still quite a shock."
Gongaware, who was one of the top producers of Jackson's comeback concerts, is expected to be on the witness stand for several days in the fifth week of the Michael Jackson wrongful death trial.
Janet Jackson, the late singer's youngest sister, made her first appearance in the Los Angeles courtroom, sitting next to her mother, Katherine Jackson. Sister Rebbie and brother Randy Jackson are in the courthouse but are not allowed to view the testimony because the judge has limited the family to one sibling at a time in court.
Jackson's mother and children are suing AEG Live for liability in the pop icon's death, accusing the concert promoter of negligently hiring, retaining or supervising Dr. Conrad Murray, the physician convicted of involuntary manslaughter.
AEG lawyers contend that Michael Jackson chose, hired and supervised Murray and that his bad decisions were fueled by a drug addiction their executives had no way of knowing about.
AEG exec called Jackson "freak" before signing concert contract
The Elvis connection
Elvis' name came up as Jackson lawyer Brian Panish questioned Gongaware about his knowledge of drug use during concert tours. He should have been able to recognize red flags signaling Jackson's drug use because of his experience with Presley and his time as Jackson's tour manager in the 1990s, the Jacksons contend.
"I kind of knew what was going to happen, yes," Gongaware testified. Panish then showed jurors the e-mail in which he made a similar statement.
Van Halen on Michael Jackson: Sweet guy Jackson wrongful death trial under way Jackson family wants AEG to pay Mesereau: AEG arguments may backfire
When Gongaware was managing Jackson's 1993 tour, he warned the tour doctor "Don't be a Dr. Nick" -- a reference to Presley's last physician -- the doctor testified in a deposition.
"Dr. Nick was the doctor whose overprescription of drugs to Elvis had led to Elvis' death," according to a court filing by lawyers for the Jackson family.
Presley collapsed in the bathroom of his Memphis, Tennessee, mansion -- Graceland -- on August 16, 1977, at age 42. While his death was ruled the result of an irregular heartbeat, the autopsy report was sealed amid accusations that the abuse of prescription drugs caused the problem.
"Dr. Nick" -- Dr. George Nichopoulos -- said later he was treating Presley for insomnia. He was charged with overprescribing drugs to Presley, but he was acquitted. He later lost his medical license in another case.
Jackson died on June 25, 2009, at age 50. The coroner ruled his death was caused by a fatal combination of sedatives and the surgical anesthetic propofol. Murray told investigators he gave Jackson nightly infusions of propofol to treat his insomnia. He was convicted of involuntary manslaughter, sentenced to four years in prison and stripped of his medical license.
Sweet controversy at Jackson death trial
Gongaware was with Presley manager Col. Tom Parker when he first met Jackson in Las Vegas, he testified.
The Jackson lawyers are using Gongaware's Elvis and "Dr. Nick" reference to argue that "AEG knew Jackson had suffered chronic substance abuse and drug dependency problems for many years."
"Shortly after he joined the 'Dangerous' tour in 1993, Dr. Finkelstein was asked to treat Jackson for pain," the Jackson filing said, referring to Dr. Stuart Finkelstein, a doctor on the 1993 tour.
"Having observed signs of opiate addiction in Jackson, Dr. Finkelstein nonetheless administered Demerol by injection, and administered morphine intravenously in Jackson's Bangkok hotel room for 24 hours."
After that, Finkelstein told Gongaware "he thought Jackson had an opiate dependency problem," the filing said.
"For three and a half months, the 'Dangerous' tour continued," it said. "Another doctor attended Jackson regularly, on one occasion breaking into Dr. Finkelstein's bag to get opiates to administer to Jackson. Gongaware was there the whole time, in charge of tour logistics, aware of the various physicians present, and he discussed with Dr. Finkelstein Jackson's opiate problem."
When Gongaware warned Dr. Finkelstein, whom the brief described as his "close friend," not to become Jackson's "Dr. Nick," he was "warning me, you know, don't get all infatuated where you start administering meds to a rock star and have the rock star overdose and die on you," Dr. Finkelstein testified.
Despite working as a tour promoter for 37 years -- including for Led Zeppelin, the Grateful Dead and many others -- Gongaware testified that the only artist he ever knew that was using drug on tour was Rick James.
Gongaware is currently the tour manager for the Rolling Stones North American tour.
Fooling Mikey?
Jurors were shown several e-mails from Gongaware that Jackson lawyers suggested were evidence that AEG Live deliberately misled Jackson about how much money he would make from his comeback concerts and how many days he would have to rest between shows.
Gongaware wrote to his boss, AEG Live President Randy Phillips, that they should present gross ticket sales numbers to Jackson, not the percentage of the net profits, during contract talks. "Maybe gross is a better number to throw around if we use numbers with Mikey listening," his e-mail said.
He sent an e-mail to his assistant in March 2009 suggesting that she design a concert calendar for Jackson using light tan colors for show dates, while drawing attention to his rest days.
"I don't want the shows to stand out so much when MJ looks at it. Less contrast between work and off. Maybe off days in a contrasting soft color. Put 'OFF' in each off day after July 8, as well. Figure it out so it looks like he's not working so much."
Under questioning Tuesday, Gongaware said he "wasn't trying to fool him. I wanted to present it in the best possible light."
The 'smoking gun'
Gongaware is also a key witness because he wrote what Jackson's lawyers call the "smoking gun" e-mail which they argue shows AEG Live executives used Murray's fear of losing his lucrative job as Jackson's personal physician to pressure him to have Jackson ready for rehearsals despite his fragile health.
Gongaware's e-mail to show director Kenny Ortega, sent 11 days before Jackson's death, addressed concerns that Murray had kept Jackson from a rehearsal the day before: "We want to remind (Murray) that it is AEG, not MJ, who is paying his salary. We want to remind him what is expected of him." Gongaware, in a video deposition played in court on the first day of the trial, said he could not remember writing the e-mail.
E-mails become key
"They put Dr. Murray in a position where if he said Michael can't go or can't play, if he said I can't give you those drugs, then he doesn't get paid," Jackson lawyer Brian Panish told jurors in his opening statements.
AEG lawyer Marvin Putnam said in his opening statement that Gongaware and other AEG executives had no way of knowing about Jackson's use of propofol to sleep.
"AEG knew nothing about this decade-long propofol use," Putnam said. "They were a concert promoter. How could they know?"
Gongaware will also face questions about an e-mail in which he seemed to question Jackson's commitment to his "This Is It" tour.
"We cannot be forced into stopping this, which MJ will try to do because he is lazy and constantly changes his mind to fit his immediate wants," he wrote to AEG's Phillips.
Jackson makeup artist Karen Faye testified earlier abut an incident in which Gongaware became frustrated because Jackson locked himself in a bathroom at his home, refusing to leave for rehearsals at the Forum. Gongaware was "angry and kind of desperate to get Michael to the Forum," Faye said.
She overheard Gongaware screaming on the phone at Jackson's security guard, telling him "to get him out of the bathroom. Do you have a key? Do whatever it takes."
Choreographer: AEG considered 'pulling the plug' on Jackson comeback
'Trouble at the Front'
Jackson lawyers are also expected to ask Gongaware about e-mails he received that raised questions about Jackson's health in the last weeks of his life.
"This Is It" production director John "Bugzee" Houghdahl wrote to him on June 19, 2009 -- six days before Jackson died -- "I have watched him deteriorate in front of my eyes over the last 8 weeks. He was able to do multiple 360 spins back in April. He'd fall on his ass if he tried now."
Houghdahl's e-mail, titled "trouble at the Front" was written after Ortega sent Jackson home from a rehearsal 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," Houghdahl wrote. "The company is rehearsing right now, but the DOUBT is pervasive."

 

[ivy]

Janet Jackson makes surprise courtroom appearance to hear testimony in brother Michael Jackson’s wrongful death trial
The singer on the witness list for the month-long trial but was not expected to take the stand Tuesday.

BY NANCY DILLON / NEW YORK DAILY NEWS

PUBLISHED: TUESDAY, MAY 28, 2013, 1:32 PM
UPDATED: TUESDAY, MAY 28, 2013, 6:06 PM
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MIKE MARSLAND/WIREIMAGE

Janet Jackson sat in the front row during her Tuesday morning appearance in court.
RELATED STORIES
Michael Jackson’s wrongful death trial opens as lawyer slams AEG Live as ‘ruthless’ for hiring Conrad Murray
Michael Jackson's children, Paris and Prince, slated to testify in trial about their father's 2009 fatal overdose
Michael Jackson wrongful death trial: Katherine Jackson leaves courtroom before jury is shown photo of pop star's corpse
Michael Jackson lawsuit shocker: Concert promoter AEG demanded $300K from estate for doctor’s fee it never paid after King of Pop’s death

Janet Jackson made a surprise appearance in a Los Angeles courtroom Tuesday for a trial pitting her mother against AEG Live, the promoter of her late brother’s doomed comeback tour.

The pop star wore a black trench coat, dark pants and her tawny curls were tied back in a loose ponytail as she sat in the front row next to family matriarch Katherine Jackson.

The Grammy winner, recently declared a “billion dollar entertainer” by Variety, is on the witness list for the lengthy civil trial in the family’s bid to show that AEG Live was negligent in overseeing Michael Jackson’s preparation for the “This is It” tour.

But the “Control” singer was not scheduled to take the stand Tuesday and instead appeared to see AEG honcho Paul Gongaware be called to testify, Katherine Jackson’s lawyer said.

“She wants to hear Gongaware’s excuses,” lawyer Brian Panish said.

The Jackson family contends that the Gloved One was readying for the tour under the care of Conrad Murray, the disgraced physician who is now imprisoned for supplying Michael with the surgery strength anesthetic on which he overdosed in June 2009, shortly before “This is It” was due to kickoff.

Janet first entered the courtroom alongside her older sister Rebbie, and it was Rebbie who exited the room when AEG’s lawyer objected to two family members who are on the witness list being permitted to sit in the gallery.

The judge had earlier agreed Katherine only needed one relative to be at her side to provide support.

As Janet left court for lunch amid tight security, she waved to fans and was flanked by Katherine, Rebbie and brother Randy.

Earlier in the day, Gongaware testified that he was a logistics manager on Michael’s “Dangerous” tour in 1993 but never knew about the King of Pop’s addiction to pain meds until the iconic entertainer publicly announced his need for rehab.

Gongaware said he knew of “two occasions” when Michael used painkillers between shows, but he claimed he didn’t grasp the scope of the singer’s sickness until the taped 1993 announcement.

“I would dispute knowing that he had a problem,” Gongaware said. “I wasn’t aware that there were problems.”


JOE KLAMAR/AFP/GETTY IMAGES

Randy (l.) and Rebbi Jackson, brother and sister of the late Michael Jackson, previously attended a court hearing on April 29.

Gongaware, the company’s co-Chief Executive Officer, was grilled about internal AEG emails that discussed planning for the “This Is It” shows in London.

One message sent from Gongaware to co-CEO Randy Phillips on Feb. 27, 2009 referred to the “Thriller” singer as “Mikey” and urged for him to be shown tough love ahead of a critical press conference announcing the comeback gigs.

“We cannot be forced into stopping this, which MJ will try to do because he is lazy and constantly changes his mind to fit his immediate wants,” read the email projected on a screen for jurors.

Gongaware said his use of “Mikey” was affectionate, not disparaging, and that the “lazy” crack amounted to a “poor choice of words” but one that accurately reflected how Michael “really didn’t like to rehearse” or “do these kinds of things.”

He also defended a March 2009 email that instructed his assistant to adjust the color-coding of a tour schedule so Michael’s workload would appear less rigorous when the singer saw it.

“Figure it out so it looks like he’s not working so much,” Gongaware told the assistant.

Panish, the Jackson family’s lawyer, asked if Gongaware was trying to “fool” Michael into thinking his schedule was easier than it in fact was.

“I wasn’t trying to fool him,” Gongaware replied. “I was trying to present it in the best possible light.”

Katherine Jackson’s effort to argue negligence on AEG’s part depends on proving that the concert promoter failed to properly investigate and supervise Murray, who was convicted in 2011 of involuntary manslaughter in her son’s death.

AEG has denied any wrongdoing, arguing that Michael personally hired Murray and kept his use of the surgery strength anesthetic propofol a fiercely guarded secret.

Gongaware briefly addressed the topic of Dr. Murray in his testimony Tuesday by saying he believed AEG had no choice but to work with the Vegas cardiologist.

“In this case, Dr. Murray was recommended by the artist. In fact, the artist insisted,” he said.



Read more: http://www.nydailynews.com/entertai...e-*****-trial-article-1.1356533#ixzz2UdRTEp35

 

[ivy]

Re: Jacksons vs AEG - Day 18 - May 28 2013 - News Only (no discussion)

ABC7 Court News ?@ABC7Courts 1h
Panish elicited contradictory testimony asking over and over about Gongaware's memory, how long he spent with lawyers to discuss testimony

ABC7 Court News ?@ABC7Courts 1h
On the Bad Tour MJ sold out 10 stadiums at 75,000 tickets per night.
Panish: That's a pretty big number?
Gongaware: Huge

Panish: In 2 hours, how many tickets sold?
Gongaware: In initial presale we sold 31 shows
P: The fastest you had ever seen?
G: Yes

"No one knows how many shows we can get with Mikey," said Gongaware. Panish asked about name "Mikey" - he said he used it occasionally

ABC7 Court News ?@ABC7Courts 1h
Email on 2/27/09 from Gongaware to Phillips: We are holding all of the risk, if MJ won't t approve it we go without his approval

ABC7 Court News ?@ABC7Courts 1h
Email cont'd: We let Mikey know just what it will cost him in terms of him making money, and the we go with or without him in London.

ABC7 Court News ?@ABC7Courts 1h
Email cont'd: We cannot be forced into stopping this, which MJ will try to do...

ABC7 Court News ?@ABC7Courts 1h
Email cont'd: because he is lazy and constantly changes his mind to fit his immediate wants.

ABC7 Court News ?@ABC7Courts 1h
"People were aware at this point there would be a press conference. MJ wouldn't show up at the conference, it'd cost money," Gongaware said

ABC7 Court News ?@ABC7Courts 1h
"It wasn't much risk at all, we hadn't spent money," Gongaware said about that point of the tour. This was prior to news conference.

ABC7 Court News ?@ABC7Courts 1h
Gongaware said the situation in London, where they constantly referred to MJ as "***** *****", it would impact marketability to sell tickets

ABC7 Court News ?@ABC7Courts 1h
"He doesn't want to do this kind of things, but it was important to show MJ to the world if he wanted to do a MJ show," Gongaware explained.

ABC7 Court News ?@ABC7Courts1m
Panish talked about an email Gongaware sent to his secretary asking her to change the color on MJ's calendar.

ABC7 Court News ?@ABC7Courts1m
Email: "don't want the shows to stand out do much when MJ looks at it. Figure out so it looks like he's not working so much.

ABC7 Court News ?@ABC7Courts1m
Panish: Did you wanted to change the color of the schedule to show MJ would not be working so hard? Gongaware: Yes

ABC7 Court News ?@ABC7Courts1m
Panish: Were you trying to fool him? Gongaware: Nah, I wasn't trying to fool him, I wanted to present it in the best possible light

ABC7 Court News ?@ABC7Courts2m
Gongaware said it would be obvious when MJ would be working and not and he wasn't trying to trick him.

ABC7 Court News ?@ABC7Courts2m
Email on 3/25/09 from Phillips to Gongaware: "We need to pull the plug now. I will explain."

ABC7 Court News ?@ABC7Courts1m
Panish: Mr. Phillips wanted to pull the plug on the show, right sir? Gongaware: I think he was referring to pull the plug on Karen Faye

ABC7 Court News ?@ABC7Courts1m
"We never talked about pulling the plug on MJ tour. Not that I recall," Gongaware testified.

ABC7 Court News ?@ABC7Courts1m
"Kenny wanted the pull because the way she (Faye) handled the situations," Gongaware explained.

ABC7 Court News ?@ABC7Courts46s
"She tried to control access to MJ and Kenny didn't like that," Gongaware said.

ABC7 Court News ?@ABC7Courts24s
Panish: Who was Mr. Ortega's contract with, sir? Gongaware: I don't recall

ABC7 Court News ?@ABC7Courts2m
Karen Faye expressed strong opinion that the toureas dangerous and impractical for MJ.

ABC7 Court News ?@ABC7Courts1m
Katherine Jackson is wearing a floral jacket and Rebbie a white jacket. Janet is all in black and Randy is wearing a jeans jacket.

ABC7 Court News ?@ABC7Courts2m
Rebbie was in the courtroom accompanying Katherine Jackson in the afternoon. Janet and Randy were seen at the courthouse still.

ABC7 Court News ?@ABC7Courts1m
Panish asked about a chain of emails where Gongaware said the pulling the plug refers to Ms. Faye. "I believe he was," Gongaware repeated.

ABC7 Court News ?@ABC7Courts1m
Email on 3/25/09 from Gongaware to Phillips: It's her (Faye) strong opinion this is dangerous/impractical w/ MJ's health/ability to perform

ABC7 Court News ?@ABC7Courts1m
Response from Gongaware to Phillips: Not sure what to send back... Randy responded: "We need to pull the plug now. I will explain."

ABC7 Court News ?@ABC7Courts57s
Gongaware said in depo he had no idea what Phillips meant. He said he didn't recall Phillips saying they needed to pull the plug on the tour

ABC7 Court News ?@ABC7Courts1m
"I thought he was in good shape at the press conference, I was there," Gongaware said at the deposition.

ABC7 Court News ?@ABC7Courts1m
Gongaware was at O2 arena and Phillips was with MJ. "MJ was late, Randy was saying I'm trying to get him going, I'm trying to get him going"

ABC7 Court News ?@ABC7Courts52s
Panish: Did Randy tell you MJ was drunk and despondent? G: No, not drunk and despondent. Just said he was having hard time getting him going

ABC7 Court News ?@ABC7Courts44s
As to Dr. Conrad Murray, Gongaware said there was 1 rehearsal he said hello to him. "It was basically a hello, on the floor at the Forum."

ABC7 Court News ?@ABC7Courts28s
"Mikey asked me to retain him for Michael Jackson," Gongaware said about Dr. Murray. "I never hired him."

ABC7 Court News ?@ABC7Courts50s
Panish: Is Mr. Phillips a good friend of your? Gongaware: I work with him

ABC7 Court News ?@ABC7Courts55s
Panish played interview of Phillips to SkyTV after MJ died: The guy is willing 2 leave his practice for large sum of money, so we hired him

ABC7 Court News ?@ABC7Courts51s
"I was told Michael wanted him as his doctor for the show," Gongaware said. Gongaware said MJ did not have any illness that he knew of.

ABC7 Court News ?@ABC7Courts15s
Gongaware: He had taken a physical, he passed the physical and from what I understand there was nothing wrong w/ him. Maybe some hay fever

ABC7 Court News ?@ABC7Courts40s
Panish: Do you know what his blood test showed? Gongaware: It showed it was good?!

ABC7 Court News ?@ABC7Courts37s
Gongaware said he received email from Bob Taylor that everything was fine and that MJ had passed the physical.

ABC7 Court News ?@ABC7Courts37s
Gongaware said he never saw the results of the tests and doesn't know who saw them.

ABC7 Court News ?@ABC7Courts4m
Panish: First you said how much did you want? (to Dr. Murray) Gongaware: Yes Panish: He said he wanted $5 million, right?

ABC7 Court News ?@ABC7Courts5m
Gongaware: That's what he said. He said he had four clinics he would have to close, he would have to lay people off.

ABC7 Court News ?@ABC7Courts2m
Gongaware said Dr. Murray had been MJ's personal doctor for the past 3 years. He said he did not know how many times MJ had seen the doctor.

ABC7 Court News ?@ABC7Courts2m
"MJ insisted on him, recommended him, and that was good enough for me, it was not for me to tell MJ who his doctor should be" Gongaware said

ABC7 Court News ?@ABC7Courts2m
When Panish asked if MJ would get anything he wanted, Gongaware said he tried to make sure he (MJ) had what he needed to do his job.

ABC7 Court News ?@ABC7Courts1m
Gongaware said he could've told MJ to hire the doctor himself. "He wanted a doctor and I wanted him to be healthy for this tour"

ABC7 Court News ?@ABC7Courts1m
Dr. Murray said he wanted more money, but Gongaware testified he told him the offer came directly from the artist and Dr. Murray accepted it

ABC7 Court News ?@ABC7Courts59s
"I think he was willing to accept anything that MJ offered," Gongaware opined.

ABC7 Court News ?@ABC7Courts1m
"We agreed on what the compensation was going to be, but there were a lot of issues to be resolved," Gongaware said.

ABC7 Court News ?@ABC7Courts30s
Gongaware said he recalled meeting with Dr. Murray where he was told the doctor was going to take care of the medical licensing in London.

ABC7 Court News ?@ABC7Courts31s
Gongaware and Timm Wooley are longtime friends. They are currently working on The Stones tour.

ABC7 Court News ?@ABC7Courts1m
Gongaware said he negotiated the price for Dr. Murray, but didn't negotiate the contract.

ABC7 Court News ?@ABC7Courts1m
Gongaware explained that he didn't do the negotiation, he would normally refer that to Wooley.

ABC7 Court News ?@ABC7Courts1m
Panish showed video deposition of Gongaware and a declaration he signed about a month before giving the depo. They contradict themselves.

ABC7 Court News ?@ABC7Courts1m
Dr. Finkelstein and Gongaware have been friends for 35-plus years.

ABC7 Court News ?@ABC7Courts25s
Gongaware said he never offered Dr. Finkelstein the job of being MJ's doctor and said the doctor would be mistaken if he testified otherwise

ABC7 Court News ?@ABC7Courts1m
Gongaware told the jury he called Dr. Finkelstein to ask what a fair price for a tour doctor would be. Doc told him it was $10,000/week.

ABC7 Court News ?@ABC7Courts56s
As to Dr. Finkelstein wanting to be the tour doctor, Gongaware said he didn't recall specifically, but knew he wanted it.

ABC7 Court News ?@ABC7Courts20s
"After his death we hay have talked, but I don't recall specifics," Gongaware said.

ABC7 Court News ?@ABC7Courts46s
Gongaware said he sees Dr. Finkelstein a few times a year, but MJ's subject never came up.

ABC7 Court News ?@ABC7Courts49s
Panish asked Gongaware if Dr. Finkelstein wanted to know if MJ was clean and using drugs. Gongaware said he didn't recall the conversation .

ABC7 Court News ?@ABC7Courts41s
Panish: You were involved in terminating one of the nannies who took care of MJ's kids? Gongaware: Yes
ABC7 Court News ?@ABC7Courts43s
Gongaware told nanny Grace Rwamba that her serviced would not be needed anymore because AEG was cutting down on MJ's expenses.

ABC7 Court News ?@ABC7Courts1m
"I never read the contract, I was there when Michael signed it, but didn't see what was in it," Gongaware said.
ABC7 Court News ?@ABC7Courts59s
"Doctor Murray was 100% Michael's cost," Gongaware said.

ABC7 Court News ?@ABC7Courts1m
Based on the contract, Gongaware said 95% of the production expenses were MJ's responsibility, 5% AEG.

ABC7 Court News ?@ABC7Courts44s
Panish: Who decided there was a need for a written contract with Dr. Murray? Gongaware: I don't know

ABC7 Court News ?@ABC7Courts40s
Gongaware said that if tour went forward, Dr. Murray would've made $1.5 million for 10 months. Ortega would've made almost that.

ABC7 Court News ?@ABC7Courts22s
"I didn't do anything to check his background. He was MJ's doctor and that as good enough for me," Gongaware testified.

ABC7 Court News ?@ABC7Courts1m
Panish asked Gongaware if he approved budgets for April-July including Dr. Murray as production expense.

ABC7 Court News ?@ABC7Courts59s
He said he didn't know which budgets he approved. "It's my job to get that show on the road," Gongaware said.

ABC7 Court News ?@ABC7Courts36s
Gongaware said he had to know how much the production had spent on any given time, but didn't have time to read the budget.

ABC7 Court News ?@ABC7Courts1m
Panish: Do you think you're good at your job, sir? Gongaware: Yes Panish: Very good? Gongaware: I think so

ABC7 Court News ?@ABC7Courts25s
Gongaware said he doesn't remember how many meetings he attended at Carolwood house. He didn't recall a meeting where a vase was broken.

ABC7 Court News ?@ABC7Courts1m
"There was a meeting where he signed the contract," Gongaware recalled, saying there were more but he doesn't remember specifics.

ABC7 Court News ?@ABC7Courts47s
At the meeting in early June, Gongaware he was present along with Kenny, Randy, Frank DiLeo, Dr. Murray and Michael.

ABC7 Court News ?@ABC7Courts40s
"The meeting was about making sure MJ and Dr. Murray had everything they needed to care for Michael," Gongaware explained.

ABC7 Court News ?@ABC7Courts1m
"Yes, we did talk about health-related issues," Gongaware said." It was more a general meeting about what Dr. Murray would need."

ABC7 Court News ?@ABC7Courts1m
As to the June meeting, Gongaware said Michael Jackson was a little off. "He was just coming back from visiting Dr. Klein," Gongaware said.

ABC7 Court News ?@ABC7Courts1m
"I believe he was under the influence of something," Gongaware said. Meeting was about Michael and what he needed for the tour.

ABC7 Court News ?@ABC7Courts1m
"Health issues were discussed at the meeting and Dr. Murray was there," Gongaware admitted.

ABC7 Court News ?@ABC7Courts52s
Gongaware told the police the topic of the meeting was Jackson's overall health, i.e., diet, stamina and his weight.

ABC7 Court News ?@ABC7Courts1m
Judge Yvette Palazuelos adjourned session for the day. Trial resumes tomorrow at 9:45 am PT with Gongaware on the stand. See you then!

 

[ivy]

AEG Live co-CEO testifies in Jackson lawsuit trial
Modified: May 28, 2013 at 8:15 pm • Published: May 28, 2013 • 0
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FILE - In this June 23, 2009 handout photo provided by AEG, pop star Michael Jackson rehearses at the Staples Center in Los Angeles. A top executive of the company that was producing Jackson's "This Is It" tour has acknowledged he negotiated a deal for the doctor, Conrad Murray, who the pop star had chosen to accompany him. AEG Live executive Paul Gongaware testified Tuesday, May 28, 2013, in a Los Angeles trial in Jackson's mother, Katherine Jackson's negligent-hiring lawsuit, that he never investigated Murray's background and merely accepted Jackson's recommendation. (AP Photo/ Kevin Mazur, AEG/Getty Images, file) ** MANDATORY CREDIT. NO SALES, ARCHIVE OUT **
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LOS ANGELES (AP) — A top executive of the company that was producing Michael Jackson's "This Is It" tour acknowledged reluctantly Tuesday that he negotiated a deal for the doctor that the pop star had chosen to accompany him.

But AEG Live executive Paul Gongaware testified his only role in the matter was negotiating the price of Dr. Conrad Murray's services in compliance with what Jackson asked him to do.

Gongaware said that neither he nor anyone at the entertainment giant investigated Murray's background or credentials.

"The fact that he had been Michael Jackson's personal physician for three years was good enough for me," Gongaware said.

Gongaware, the Co-CEO of AEG Live, testified in the Los Angeles trial as a hostile witness called by lawyers for Jackson's mother in her negligent-hiring lawsuit.

He came under aggressive examination by plaintiff's attorney Brian Panish on whether AEG or Jackson was responsible for hiring Murray, who was ultimately convicted of involuntary manslaughter in the superstar's death.

Jackson died in 2009 after being given a powerful anesthetic.

Asked if he knew that Murray was in financial difficulties when he took the job as tour doctor, Gongaware answered no.

He said that Murray initially asked for $5 million to travel to London with Jackson and tend to him during the tour.

"I just told him it wasn't going to happen," he said, recalling that Jackson then suggested offering him $150,000 a month.

"Michael Jackson insisted on it and recommended him and it was not for me to tell him no," said Gongaware, who is a defendant in the multibillion-dollar lawsuit.

"I wanted to provide what was necessary for him to do his job...He wanted a doctor and I wanted him to be healthy."

Even after the offer of $150,000, Murray wasn't satisfied.

"He started saying he wanted more and I said, 'The offer is coming directly from the artist," Gongaware said.

Minutes later, he said Murray accepted.

"Did that seem desperate to you?" asked Panish.

"No," said Gongaware. "He just accepted Michael's offer."

During Tuesday's court session, Katherine Jackson was accompanied to court by her singing star daughter Janet who sat beside her for the first half of the day. Later, her sister, Rebbie took the seat.

Gongaware often pleaded poor memory of events. He said he may have met with Jackson as many as 10 times, but could remember only two of the meetings and only one when Murray was present.

Prodded by Panish, he remembered a meeting at which Jackson arrived late from a doctor's appointment and had slurred speech.

"He was a bit off," he said, "that was the only time I saw him like that."

At the heart of the case is who hired Murray. At first, Gongaware insisted he did no negotiating with Murray, but, confronted with emails and his previous testimony, he changed his position and said, "The only thing I did with Dr. Murray was negotiate a price."

He indicated that he was so shocked by Murray's demand that he consulted a doctor friend to see what he would charge for the same job. The other doctor said he would have gone on tour for $10,000 a week.

"Did you ever convey that to Michael Jackson?" asked Panish.

"I don't recall," said Gongaware whose testimony was peppered with that phrase.

 

[ivy]

AEG exec testifies he never checked Jackson's budget

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By Corina Knoll and Jeff Gottlieb
May 28, 2013, 7:54 p.m.
A ranking AEG executive testified Tuesday at the Michael Jackson wrongful death trial that he didn’t pay attention to the tour budgets that he approved, even though he was the tour manager.

Paul Gongaware said he didn’t read through the budgets, instead trusting that the tour accountant for Jackson’s planned comeback concert series “knew what he was talking about.”

A defendant in the civil suit filed against AEG by Jackson’s mother and three children, Gongaware testified that Dr. Conrad Murray’s salary, although included in the company’s budget for several months, wasn’t something he saw as an actual payment that would be made.

“If there’s a potential for cost we put it in our budget so there are no surprises later,” he said.

The civil trial that began more than four weeks ago hinges on whether it was Jackson or AEG who controlled Murray, now serving time for involuntary manslaughter after giving the singer a fatal dose of the anesthetic propofol.

Gongaware said he spoke on the phone twice with Murray. The first time, the doctor requested $5 million to join the “This Is It” tour as Jackson’s physician. The second time, Murray agreed to a salary of $150,000 a month, which was a figure suggested by Jackson.

“He started in saying that he wanted more and I said that offer came directly from the artist and he immediately accepted,” Gongaware said of their second phone conversation.

He added: “It wasn’t a done deal. We agreed on what the compensation would be, but there was still a lot of open issues that had to be resolved.”

Gongaware testified that he asked a doctor friend how much he would charge to do the same job. The friend said $10,000 a week.

Gongaware said although AEG never did a background check on Murray, in his view they had “checked out” the doctor according to their standard practices.

“When we check out someone, we either rely on if we know the person or if they’re known in the industry or if they’re recommended by the artist,” he said. “And in this case, Dr. Murray was recommended by the artist — in fact, the artist insisted.”

The Jackson family’s attorney pressed Gongaware. “You did nothing to verify anything about Dr. Murray, isn’t that true, sir?” Brian Panish asked.

“Well, Michael Jackson insisted on him, recommended him and that was good enough for me,” Gongaware replied. “It’s not up to me to tell Michael Jackson who his doctor should be.”

Panish asked: “You could have told Dr. Murray at any time that his services were no longer needed, couldn’t you?”

“No,” Gongaware replied.

Panish then pointed out that the AEG executive had fired Jackson’s nanny after being asked to do so by the singer’s aide.

Gongaware said he attended a meeting at Jackson’s Holmby Hills home in June 2009 with other AEG executives; Frank Dileo, Jackson’s manager; and Murray. Gongaware said the hourlong meeting was not about Jackson missing rehearsals, but about “whether Dr. Murray and Michael had everything they needed to take care of Michael’s health.”

Jurors were later shown a police summary of the meeting.

“The topic of the meeting was Jackson’s overall health, i.e., diet, stamina and his weight,” the document read. “Jackson had missed a rehearsal and was thought to be dancing at home. However they discovered he was only watching video. Doctor Murray was receptive to their concerns and indicated he would take care of the situation.”

Gongaware said in a separate meeting with Jackson, the singer had slurred speech and “was a little bit off.... I believe he was under the influence of something because he wasn’t quite right.”

Gongaware testified that landing Jackson, whom he felt was the biggest artist of his era, was huge for AEG.

In a 2008 email to AEG Live President and Chief Executive Randy Phillips, Gongaware described how the company should approach Jackson and his manager about a possible comeback tour.

“We need to start at the fundamentals. How we do it. The difference between [Live Nation] and us is huge. We are artist-based, they are Wall Street-driven,” Gongaware wrote.

"We are smart people. We are completely honest and transparent with everything we do. That’s how [founder] Phil [Anschutz] wants it.”

 

[qbee]

Jacksons vs AEG - Day 19 - May 29 2013 - News Only (no discussion)

Jacksons vs AEG - Day 19 - May 29 2013 - News Only (no discussion)

Use this thread to post any and all news stories from day 18 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 8m
Ortega replied: “Super. Not a minute too soon. Let’s turn this guy around!”
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Anthony McCartney ‏@mccartneyAP 8m
“We are on it,” Gongaware wrote to “This Is It” tour director Kenny Ortega, noting that AEG has sports teams and could find the right people
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Anthony McCartney ‏@mccartneyAP 8m
One of Gongaware’s emails was sent on June 15, 2009 - 10 days before Jackson’s death. It was titled “Nutritionist and Physical Therapist.”
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Anthony McCartney ‏@mccartneyAP 10m
“I was trying to find a nutritionist, but I wasn’t involved in his nutrition,” Gongaware said.
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Anthony McCartney ‏@mccartneyAP 10m
Panish showed emails in which Gongaware emailed others at AEG telling them Jackson needed a nutritionist and physical therapist.
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Anthony McCartney ‏@mccartneyAP 11m
Panish then asked Gongaware whether he was involved in getting Jackson a nutritionist. Lots of back-and-forth on this issue.
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Anthony McCartney ‏@mccartneyAP 11m
“I didn't know what he was under the influence of, but he was a little bit off,” Gongaware said of the meeting.
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Anthony McCartney ‏@mccartneyAP 11m
Panish asked Gongaware about another meeting at Jackson’s house in which the singer showed up late after a visit to Dr. Arnold Klein.
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Anthony McCartney ‏@mccartneyAP 11m
Gongaware said he thought at the meeting they discussed Jackson’s nutrition, not his health (i.e. sleep issues.)
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Anthony McCartney ‏@mccartneyAP 12m
“Here I think we were talking about making sure Michael Jackson was engaged and focused,” Gongaware said.
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Anthony McCartney ‏@mccartneyAP 12m
That change was read to the jury, leading attorney Brian Panish to question Gongaware about what he meant by word “engage.”
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Anthony McCartney ‏@mccartneyAP 12m
At depo, Paul Gongaware said the meeting “was about Dr. Murray and engaging him.” Gongaware later changed testimony to state “him” meant MJ.
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Anthony McCartney ‏@mccartneyAP 12m
At one point, a portion of Gongaware’s deposition was played in which he discussed a meeting at Michael Jackson’s house with Conrad Murray.
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Anthony McCartney ‏@mccartneyAP 12m
About 10 minutes into Gongaware’s testimony, AEG Live CEO Randy Phillips walked into the courtroom. (He left before the lunch break.)
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Anthony McCartney ‏@mccartneyAP 13m
Gongaware told jury he’s never looked at Conrad Murray’s contract to serve as Michael Jackson’s tour doctor.
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Anthony McCartney ‏@mccartneyAP 13m
“It’s always been there,” Paul Gongaware said about whether his memory was refreshed by his lawyers.
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Anthony McCartney ‏@mccartneyAP 13m
Plaintiff’s attorney Brian Panish asked him whether he’d met with AEG’s attorneys to refresh his memory.
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Anthony McCartney ‏@mccartneyAP 14m
We're on the lunch break in Jackson vs AEG Live. Paul Gongaware, the co-CEO of Concerts West, a division of AEG Live, returned to the stand.
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Anthony McCartney ‏@mccartneyAP 1h
We're getting a late start in Jackson vs AEG Live. Judge was handling other cases this morning. Trial is about to resume.

 

[ivy]

Anthony McCartney ‏@mccartneyAP8m
Plaintiff’s attorney Brian Panish then asked Gongaware about a friend of AEG CEO Randy Phillips who was going to work with Jackson.

Anthony McCartney ‏@mccartneyAP7m
Gongaware said he didn’t know whether this friend of Phillips was a nutrition specialist. He told Panish he’d have to ask Randy Phillips.

Anthony McCartney ‏@mccartneyAP8m
Panish then asked Gongaware about his attendance at Jackson’s rehearsals. Gongaware said he didn’t attend many.

Anthony McCartney ‏@mccartneyAP8m
Gongaware said he watched Jackson perform “Thriller” two days before he died, but that was the only time he spent at that rehearsal.

Anthony McCartney ‏@mccartneyAP7m
(The "Thriller" performance may have been on June 24th -- conflicting dates were cited in court this morning.)

Anthony McCartney ‏@mccartneyAP7m
AEG exec Paul Gongaware was then asked whether there was anyone responsible for handling AEG’s interests at rehearsals.

Anthony McCartney ‏@mccartneyAP6m
Gongaware responded yes, that was Kenny Ortega.

Anthony McCartney ‏@mccartneyAP7m
Panish asked Gongaware whether he thought Ortega was overreacting about Jackson’s health? “Perhaps,” Gongaware replied.

Anthony McCartney ‏@mccartneyAP7m
“I knew when the house lights went out, he was going to be out there and on,” Gongaware said of Jackson.

Anthony McCartney ‏@mccartneyAP7m
On whether Kenny Ortega was overreacting about Jackson’s health, Gongaware also said: “I wasn’t concerned as he was.”

Anthony McCartney ‏@mccartneyAP4m
Gotta head back toward court. There were a couple other issues that came up this morning that I'll address later, if possible.

 

[ivy]

Re: Jacksons vs AEG - Day 19 - May 29 2013 - News Only (no discussion)

ABC7 Court News ?@ABC7Courts2h
Katherine Jackson and daughter Rebbie just entered the courtroom. We're still outside waiting to get in.

ABC7 Court News ?@ABC7Courts2h
Katherine is wearing a navy blue jacket and Rebbie is wearing a black and white dress with black jacket.

ABC7 Court News ?@ABC7Courts7m
Brian Panish resumes questioning of AEG's Paul Gongaware. Plaintiffs called him as adverse witness.

ABC7 Court News ?@ABC7Courts5m
"My understanding Michael Jackson is a party (to the contract)," Gongaware said about Dr. Murray's contract. He said he never saw it, though

ABC7 Court News ?@ABC7Courts5m
Panish: Why did AEG have to enter into a contract with Dr. Murray? Gongaware: I don't know

ABC7 Court News ?@ABC7Courts5m
About AEG terminating Dr. Murray, Gongaware said he didn't believe they could do it, because he was Michael's doctor.

ABC7 Court News ?@ABC7Courts5m
Gongaware said it was fair to say he didn't know why AEG would enter into a contract with a doctor for Michael Jackson.

ABC7 Court News ?@ABC7Courts4m
Panish asked Gongaware if MJ negotiated the price/contract with Dr. Murray. "I believe he did through me, he instructed me what to offer"

ABC7 Court News ?@ABC7Courts4m
Gongaware said he didn't know for sure whether Karen Faye was an independent contractor or not.

ABC7 Court News ?@ABC7Courts5m
"Dr. Murray would've been 100% charged to Michael Jackson," Gongaware testified.

ABC7 Court News ?@ABC7Courts4m
Gongaware said he didn't know what the $300k budgeted for medical management was for.

ABC7 Court News ?@ABC7Courts4m
Panish tried 'impeaching' Gongaware, which is the process of calling into question the credibility of an individual who's testifying.

ABC7 Court News ?@ABC7Courts3m
Yesterday and today the plaintiffs' attorney would ask a question then play parts of the deposition to catch Gongaware in contradiction.

ABC7 Court News ?@ABC7Courts3m
Gongaware told the jury he was concerned in getting MJ involved and focused, engaged mentally.

ABC7 Court News ?@ABC7Courts3m
"I believe that was Kenny's concern, that he wanted him to be focus," Gongaware explained.

ABC7 Court News ?@ABC7Courts3m
MJ had gone before without rehearsing, Gongaware recalled. "When he got to London, MJ was going to be sensational."

ABC7 Court News ?@ABC7Courts2m
Gongaware said Dr. Murray didn't discuss with him MJ's sleeping problems. In his deposition, Gongaware said he didn't remember.

ABC7 Court News ?@ABC7Courts1m
Panish asked Gongaware what made him remind that Dr. Murray didn't talk to him about MJ's sleeping problems; example of impeaching witness

ABC7 Court News ?@ABC7Courts1m
"I don't know way he was on, he was a little off," Gongaware said, adding that he didn't know what kind of drugs Dr. Klein was giving MJ.

ABC7 Court News ?@ABC7Courts57s
"Obviously I was looking for a nutritionist for him, but I wasn't involved in his nutrition," Gongaware said.

ABC7 Court News ?@ABC7Courts56s
Panish played Gongaware's deposition where he said he was not involved in finding a nutritional person.

ABC7 Court News ?@ABC7Courts47s
Gongaware explained he believes nutritional person and nutritionist were not necessarily the same.

ABC7 Court News ?@ABC7Courts24s
On June 15, 2009, Gongaware sent and emai to Ortega in response to request for nutritionist and physical therapist for MJ.

ABC7 Court News ?@ABC7Courts12s
Email: We're on it. AEG owns major sports teams in this market so we think we can find the right people quickly.

ABC7 Court News ?@ABC7Courts37s
Kenny responded: Not a minute too soon. Let's turn this guy around!

ABC7 Court News ?@ABC7Courts28s
Gongaware testified he remembers someone named David Loughner working with MJ. Panish pointed out Laughner is Randy Phillips' friend.

ABC7 Court News ?@ABC7Courts20s
"I don't know if he was a nutritionist, it was someone in charge of making MJ eat," Gongaware explained.

ABC7 Court News ?@ABC7Courts38s
Gongaware: He's a guy who's dealt with artists quite a bit Panish: Artists in trouble? Gongaware: Artists in general

ABC7 Court News ?@ABC7Courts23s
Gongaware said he doesn't know what Laughner did, but he's seen him working with JLo and Enrique Iglesias.

ABC7 Court News ?@ABC7Courts49s
Gongaware didn't know why MJ would need a nutritionist when he had a doctor hired. "Kenny asked for it," Gongaware explained.

ABC7 Court News ?@ABC7Courts10s
Gongaware said he told Dr. Murray he wanted him to have everything he needed. He said Michael Jackson had always been thin.

ABC7 Court News ?@ABC7Courts38s
Gongaware said he didn't attend rehearsals frequently. "I was at the rehearsal facility at all the times but I wasn't in the arena much."

ABC7 Court News ?@ABC7Courts51s
"We were always concerned about MJ's health and well being," Gongaware explained, saying he was responding to Kenny Ortega's requests.

ABC7 Court News ?@ABC7Courts5m
Gongaware said Kenny Ortega was responsible for keeping an eye on everything, including MJ and his health.

ABC7 Court News ?@ABC7Courts5m
Panish: Do you think Ortega was overreacting? Gongaware: Perhaps. I knew that when house lights went up, he was going to be there

ABC7 Court News ?@ABC7Courts3m
Panish: You think Ortega was overreacting when raised concerns about MJ's health? Gongaware: I think I wasn't concerned as he was

ABC7 Court News ?@ABC7Courts3m
Talking about the email Gongaware wrote saying he wanted to remind him (Dr. Murray) that it's AEG, not MJ, who's paying his salary.

ABC7 Court News ?@ABC7Courts3m
In his deposition, Gongaware said he didn't know what he meant to say in the email.

ABC7 Court News ?@ABC7Courts3m
Gongaware testified he spent some of the time himself looking at this email, putting it in context with the rest of the material he had.

ABC7 Court News ?@ABC7Courts3m
Panish: After meeting with your lawyers and talking about an hour or two about this email, did you refresh your memory what you meant?

ABC7 Court News ?@ABC7Courts3m
"I did come to conclusions a lot on my own, then I discussed it with my attorneys," Gongaware explained.

ABC7 Court News ?@ABC7Courts3m
Gongaware: After you go through you remember the facts Panish: You didn't have psychotherapy to refresh your recollection? G: No

ABC7 Court News ?@ABC7Courts2m
"I still don't recall writing it," Gongaware said, "I don't recall writing it, but I admit I wrote it."

ABC7 Court News ?@ABC7Courts3m
Panish went through every word of the email, which was to Kenny Ortega and Frank DiLeo.

ABC7 Court News ?@ABC7Courts2m
Panish: You're referring to Dr. Murray and what's expected of Dr. Murray, right? Gongaware: Yes

ABC7 Court News ?@ABC7Courts2m
"We did talk about Dr. Murray's salary, but a deal was never consummated," Gongaware said.

ABC7 Court News ?@ABC7Courts2m
"His responsibility was to take care of his patient," Gongaware said about Dr. Murray.

ABC7 Court News ?@ABC7Courts2m
Panish asked if he thought Dr. Murray knew what his responsibility was, so the need to remind him what's expected of him?

ABC7 Court News ?@ABC7Courts2m
"This thing was shorthand between me, Kenny and Frank," Gongaware explained.

ABC7 Court News ?@ABC7Courts5m
He said he should've been more careful choosing his words. He claimed he was referring to Kenny's email re nutritionist, physical therapist

ABC7 Court News ?@ABC7Courts4m
"I certainly feel Dr. Murray should be competent to do that (be a nutritionist). He's a doctor!" Gongaware testified.

ABC7 Court News ?@ABC7Courts5m
Panish asked why Gongaware thought they needed a nutritionist when they had a doctor hired. "Kenny asked for one," he responded.

ABC7 Court News ?@ABC7Courts4m
"If MJ were signed the contract and if MJ would've instructed us to pay him, we would've pay him," Gongaware said about Dr. Murray.

ABC7 Court News ?@ABC7Courts5m
"I was writing in shorthand," Gongaware explained the email.

ABC7 Court News ?@ABC7Courts3m
Here's the email: Frank and I have discussed it already and have requested a face-to-face meeting with the doctor, hopefully Monday.

ABC7 Court News ?@ABC7Courts2m
Email cont'd: We want to remind him that it is AEG, not MJ, who's paying his salary. We want him to understand what's expected of him.

ABC7 Court News ?@ABC7Courts1m
Email cont'd: He's been dodging Frank so far.

ABC7 Court News ?@ABC7Courts1m
"Michael didn't like to rehearse, it didn't surprise me," Gongaware expressed, saying it was known that MJ didn't go to rehearsals.

ABC7 Court News ?@ABC7Courts46s
In May, Gongaware sent an email to Tim Leiweke's secretary, Carla Garcia, asking her to pray for him, since everything was a nightmare.

ABC7 Court News ?@ABC7Courts23s
Email on 5/5/09 from Gongaware to Carla Garcia: Pray for me. This is a nightmare.

ABC7 Court News ?@ABC7Courts3m
Email cont'd: Not coincidentally, I have them now every night. Cold sweats too. Life used to be so much fun...

ABC7 Court News ?@ABC7Courts4m
"Carla is an absolute babe, I was trying to chat her up," Gongaware explained.

ABC7 Court News ?@ABC7Courts3m
"I wasn't trying to hit on her. I don't have cold sweats, I don't have nightmares, I sleep great!" Gongaware said.

ABC7 Court News ?@ABC7Courts3m
Panish asked him if he was lying in the email, white lie? Gongaware: Let's just say I was joking

ABC7 Court News ?@ABC7Courts3m
Panish: You ask people to pray for you joking? G: I did there

ABC7 Court News ?@ABC7Courts3m
We're currently on lunch break. Trial should resume shortly with more Gongaware on the stand.