Jacksons vs AEG - Day 11 - May 14 2013- Summary
Katherine Jackson, Rebbie and Trent are at court.
Choreographer Travis Payne and Katherine Jackson spoke briefly in the courtroom before the jury came in. They seemed cordial.(AP)
Travis Payne Testimony
AEG direct
Payne is wearing a black jacket with a gold emblem on the shoulders with the words “MJ” and a pair of wings. (AP)
Payne said he was concerned about MJ missing rehearsals. He didn't know why he wasn't showing up, but MJ was also working on album and book (ABC7)
Payne said he did not think that Jackson had a problem abusing prescription medications. He acknowledged that Jackson missed rehearsals and he saw the singer shivering or appear cold in some of his final rehearsals.(AP)
He worked with Jackson beginning in the 1990s and testified that he never saw Jackson drink alcohol or take any medications. The singer also never discussed his medical treatments, Payne said.(AP)
Payne told the jury he advised MJ he was looking thin and MJ said he was getting down to his fighting weight. "I had no reason to doubt him" (ABC7) Michael Jackson said, "I'm getting down to my fighting weight," Payne testified.(LAtimes) Payne said he noticed that Jackson looked thin but was satisfied with the singer’s response.
“He said, ’I’m getting down to my fighting weight,' which I took to mean that he was preparing for the performances,” Payne testified. (LAtimes)
Payne said there was one day when MJ was cold. He thought the frustration had MJ on edge, but he took it that he was fighting a cold. (ABC7) When Jackson needed to be layered in blankets and required a heater to be comfortable, Payne said, he believed Jackson was merely fighting a cold. (LAtimes)
"There were times he was tired and had to be not convinced but supported," Payne recalls.(ABC7) "Sometimes he was tired and lethargic and had to be, not convinced, but supported throughout rehearsals," Payne said. (CNN)
Payne said that in April, May, June, MJ missed 5 rehearsals with the whole group. He said one time Ortega sent MJ home. (ABC7)
Bina shows an email from Ortega to Gongaware on Jun 14: "We're you aware that MJ's doctor didn't permit him to attend rehearsal yesterday? Without invading MJ's privacy, it might be good idea to talk to his doctor to make sure everything MJ requires is in place. Who is responsible for MJ getting proper nourishment/vitamins/therapy every day? Personally, I feel he should have a top Nutritionist and Physical Therapist working with him on a regular basis. The demand on this guy is mentally and physically extraordinary! The show requirements exhaust our 20 year olds. Please don't underestimate the need to stay on top of this" (ABC7)
Another part of the same email chain, from Gongaware: "Frank and I have discussed it already and have requested a face-to-face meeting w/ the doctor... We want to remind him that it's AEG not MJ who's paying his salary We want him to understand what is expected of him. He has been dodging Frank so far.” (ABC7)
Payne said his understanding was that AEG was paying Dr. Murray's salary not Michael. The doctor was there 2 oversee many things, Payne said. Payne explained he didn't have much of reason to question Dr. Murray since he thought that a doctor selected to work with MJ was top notch. (ABC7)
Payne said he met Dr. Murray at the Carolwood house. "I was going up the steps, Dr. Murray going downstairs, Michael introduced us." Payne was coming up from the basement to the middle floor. Studio was at the basement. Payne said he never went 2 the top floor of the house (ABC7) Stebbins Bina asked Payne whether he ever met Conrad Murray. The choreographer says he met Murray twice. Payne says the first time was at Jackson’s Carrolwood Drive home. The men passed on a stairway and Jackson introduced them briefly. Payne says the second time was at the Staples Center, after a rehearsal and Jackson was leaving for the day. Both meetings were brief. (AP)
On June 19, Payne said he believed he was looking at someone who had blankets and heater. No one else was cold. He had flu-like symptoms. (ABC7)
On June 23/24, as to how MJ performed, Payne though it was in process, not at show standards, but MJ was rehearsing. "He was having his process, I didn't expect him to be like he would in front of a crowd," Payne explained. (ABC7) "He was not at show standards ... I didn't expect him to be as he would be in front of a crowd." Travis Payne on #MJ in 6/09 . Payne: "It ebbed and flowed. Some days were good, some days were not as good." (LATimes) Payne said the performance would float, some days were good, some days were not good. The last two days were good. "I thought he was in his way to the goals he set himself," Payne told the jury. He didn't have any question that MJ would be able to perform (ABC7)
Jackson "was not at show standards, but he was rehearsing," last two nights. Jackson was "on his way to the goals he had set for himself" before his death, Payne says (CNN)
Travis Payne testified he had no doubts about Michael Jackson’s ability to perform in the series of comeback concerts after seeing the singer at rehearsal in the days before his death.
“I thought he was on his way to the goals he had set for himself,” Travis Payne said, adding that he and others were impressed while watching Jackson rehearse at Staples Center on June 23 and 24, 2009.
“He was not at show standards but he was rehearsing,” Payne said. “He was processing — he was having his process. I didn’t expect him to be as he would be in front of a crowd.”(LAtimes)
Payne, though, said Jackson's rehearsals the last two nights were "impressive" when he "was able to do chunks of the show." "He was not at show standards, but he was rehearsing, he was processing," he said. "I didn't expect him to be as if he was in front of a crowd. The last two days were pretty good." (CNN)
Payne described the day MJ died: He was headed to rehearsal at MJ's home, got a call from his mother who said she saw reports on the news. Payne heard news on the radio, called Staples Center spoke to Stacy Walker, she said they were rehearsing. He was told to go to Staples. "We were optimistic of his arrival," Payne said explaining they were expecting MJ to rehearse at the Staples Center. Payne said Ortega got a series of calls. He remembers Kenny say 'tell me something that will make me know it's you and that this is true' " I remember him (Kenny Ortega) collapsing in his seat and crying," Payne testified. (ABC7)
Payne said he never saw MJ drink alcohol or take medication. "Sometimes, in rehearsal, Michael would appear just a little loopy," though. He recalled Michael being under the influence of something; said it happened mostly when MJ would come to rehearsals after seeing Dr. Klein. Payne also said he appeared groggy in the morning sometimes, which he attributed to lack of sleep.(ABC7)
"Mr. Jackson just explained to me that he had trouble sleeping, that he was tired, and that satisfied me," Payne testified. (CNN)
AEG attorney Jessica Stebbins Bina began day by asking Payne about how Jackson seemed at rehearsals in June. Payne told jury that at times Michael Jackson was lethargic and needed “support” to rehearse. The choreographer said at one point, he and others tried to bring in a top physical therapist who works with Olympic athletes to help MJ. Payne said Jackson didn’t want the physical therapist to work with him, thought it would be a violation of his personal space. (AP) Jackson didn't work w/physical therapist flown in for him. "He was just not comfortable with the invasion of personal space." (LATimes)
“At the last minute we realized that Michael was not going to go through with it,” Payne said. “He was just not comfortable with the invasion of personal space.”(Latimes)
MJ sometimes appeared "loopy" or "groggy" at rehearsals, Payne said.(LATimes) Payne testified MJ appeared "a little loopy" after visits with his longtime dermatologist in the weeks before his death. Travis Payne said he witnessed Jackson's unusual behavior after the singer visited Dr. Arnold Klein, who Payne believed was performing cosmetic treatments on the singer so that he would be comfortable performing onstage again. (AP) Payne said he understood MJ was undergoing "cosmetic procedures so that he could feel great and do a great job." (LATimes)
"Sometimes in rehearsal Michael would appear a little loopy, under the influence of something, but mostly when he would come to the rehearsals from the dermatologist," Payne testified. That happened two to four times in the weeks before his death, he said. "Michael was undergoing personal cosmetic procedures, so he could feel great and do a good job," Payne said. (CNN)
Payne testified that he saw Jackson appear "loopy" two to four times over the course of his sessions with the singer. He says the incidents always followed visits with Dr. Arnold Klein. Payne told that he didn't think Jackson had a problem with prescription drugs but was having cosmetic procedures done to help him feel comfortable returning to the stage for his planned "This Is It" concerts.(AP) Payne said that his understanding was that Michael was undergoing cosmetic procedures so he could feel great and do a good job.(ABC7)
"Sometimes in rehearsal, Michael would appear just a little loopy," Payne said, adding that the singer appeared to be "assisted or under the influence of something." (AP) Payne didn't deem MJ being loopy as a problem with drug addiction. He said that from what he observed he was not concerned at all.(ABC7)
Payne, the choreographer, said he witnessed Jackson's unusual behavior several times in the weeks before his death. The singer also appeared groggy during some morning sessions, Payne said, and Jackson occasionally complained he was having trouble sleeping.(AP)
Payne said Mr. Jackson explained to him he had trouble sleeping. He's not sure how much weight MJ had lost.(ABC7)
Payne mentioned one day in particular at a meeting with Andre Crouch and singers, MJ seemed a little out of it.(ABC7)
Bina played clip of "This Is It" from Jun 4 showing the green screen and making of "Drill" and Michael talking about the cool moves, dancing. Payne said the idea was to show the rehearsals and how things came together. The footage himself wasn't altered, but there was editing. Payne said they picked the best of the rehearsal to include in the documentary. He wanted to reshoot some scenes but was not allowed. (ABC7) Payne, who was an associate producer on the “This Is It” documentary, said the footage of Jackson had not been retouched or altered. (LATimes)
Jackson cross
Attorney Brian Panish cross examined Payne. He asked if MJ ever performed the entire show from beginning to end. Payne said no.(ABC7)
Was he ready to perform for an audience, Panish asked.
"I thought he was on his way to the goals he had set for himself," Payne answered. "All I saw was improvement and getting closer to the goals."(CNN)
Payne purchased copy of his deposition and watched it prior to coming to testify. He talked to Stacy Walker yes but not about her testimony (ABC7)
Payne's impression was that MJ loved being a father. He said he saw the beauty of their relationships, loyalty one another. "When we rehearsed, we had meals togethers," Payne recalled, talking about MJ and all three children. Payne thought the relationship between MJ and Prince was awesome, Michael was a proud father, great to see how they interacted. Prince wanted to be a director, Michael would point out things to him during rehearsal should that be his career, Payne remembered. As to Paris Jackson, Payne said be saw a very protective young lady, smart, astute, with knowledge of the production, very hands on. Payne said Paris seemed beyond her age, she was the female of the house, had lots of responsibilities, loved it, protective of the family. Paris was coming to find out MJ's global success, Payne said, adding that she would bless the food they ate. Payne said Paris was the most vocal of the children, always concerned about things in the house, asked what they wanted 2 eat, handled a lot. Blanket was the most quiet of the 3, Payne said, but was always very close by, in the rehearsal room. Michael guided and mentored him. Payne said he would be proud if MJ was his father and agreed the children suffered a tremendous loss. (ABC7) When rehearsing with Jackson at his Holmby Hills residence, Payne said the singer clearly delighted in being a father. Jackson encouraged his son Prince’s dreams of being a director, allowed son Blanket to attend his dance rehearsals, doted on his daddy’s girl, Paris, and shared meals with all three. (LATimes)
“I saw the beauty of their relationships. I saw their loyalty to their father, I saw his loyalty to them."-Travis Payne (LATimes)
Panish: Was Paris a Daddy's girl? Payne: Yes, I believe so (ABC7)
Payne was often inside Jackson's home rehearsing with him during his final weeks. He got an intimate view of what he called "the beauty" of Jackson's relationship with his three children.
Payne saw "their loyalty to their father" and their father "enlightened them and taught them," he testified. "I was very proud to see Michael as such a loving father."
His description of the close relationship Paris, 15, and Prince, 16, had with their father four years ago could foreshadow the significance of the children's testimony later in the trial.
Paris, who was 11 at the time, was "a very retentive young lady who was very, very smart, very astute," Payne testified.
"She had full knowledge of the day-to-day operations, from the time of lunch and what it was going to be, she was hands on -- far beyond her age," he said. "She had a lot of responsibility, which I think she welcomed.
Payne said she was "the female of the house," and also "a daddy's girl."
"She really loved her father," he said. "At that time, she was coming to find out his global successes and presence, so she would wear her Michael Jackson t-shirt, headband and bag," he said.
It was Paris who would bless the food when they were have lunch with their father at home, he said.
"She was always the most vocal of the three children and was very concerned about many of the details of the house, was the temperature correct, what do you want to eat," Payne testified. "She just handled a lot for her young age."
Jackson's relationship with son Prince, then 12, was "awesome," Payne said.
"It was great to see how they interacted," he said. "Prince wants to be a director, so Michael would share conversations with him about that process and point out things during our rehearsals,."
Blanket, who was 7 his father died, liked to watch his father rehearsing his dances with Payne in the basement studio of their home, Payne said.
"He was quiet, but always right there with his dad," he said. (CNN)
Payne always carries a video camera with him and shot videos of rehearsal. AEG took the footage that Payne shot and never returned to him. Email from Randy to Paul: "Make sure you take out the shots of MJ in that red jacket... He looks way too thin and skeletal." Payne said he was not aware of the email. He said MJ looked thin, but not skeletal. He doesn't know if Paul/Randy took any the footage out (ABC7) He told the jury he thought Jackson was thin, but told the jury he wasn't aware of an email that AEG executives sent seeking to remove footage of Jackson rehearsing from the "This Is It" film in which he was described as looking like "skeletal." The email was not displayed for the jury.(AP)
As to MJ's relationship with Katherine, Payne said there's no secret MJ loved his mother very much. It is kind of common knowledge (ABC7)
Karen Faye is a make up artist. She designed the make up, was always there when Michael was there, Payne testified. Payne said Faye and MJ had a long term working relationship. They spent a lot of personal time together. Faye was concerned and frustrated how Michael looked. She went to Payne kind of in an aggressive way. Payne told her to report to Ortega. (ABC7)
Payne said he wanted MJ to have a physical therapist, nutritionist, massage, have his family around. He said this was a different scenario. "This was the first time MJ was working with AEG," Payne testified, saying he had always been hired by MJJ production before. Payne said this was the first time MJ was not the sole producer of the show. Payne started working without a signed contract. This was the first time he was hired by a company other than MJJ. He was being paid by AEG. Panish showed Payne's written contract. It is between Payne and AEG, beginning April 1, 2009. The contract said only AEG could cancel it. (ABC7) Payne, who had worked with Jackson in the past, said he was usually hired by MJJ Productions and that the concerts represented the first time Jackson didn’t have full control. He testified that there was a delay in his contract with AEG because the salary was not in line with his standard charges, but that things worked out after he had a conversation with Jackson. Payne also said he believed AEG was paying Murray’s salary, not Jackson. (LATimes)
Payne was hired and paid by AEG. His contract was with AEG.
Panish: Who could fire you. AEG?
Payne: I'm sure (ABC7)
Payne said AEG didn't want to pay what he regarded as his standard operating cost. Jackson said to pay him what him and his agent requested (ABC7)
Panish asked if Payne remembers receiving a text message from Karen Faye asking him why he was lying to the media after MJ died. "I do not remember receiving text message from Karen Faye asking why I was lying to the media," Payne explained. (ABC7) Payne asked about text msg from Faye after MJ's death, accusing him of lying to media. Payne did not recall such a thing (LATimes) Things became heated when Panish inquired about a text message Jackson's hair and makeup artist Karen Faye sent to Payne that accused him of lying to the media. Payne said he didn't recall such a message. He said that earlier Faye had approached him in an "aggressive" way about her concern for Jackson's health but he told her to take her concerns to Ortega.(LAtimes)
Panish: Were you upset when MJ died?
Payne: Yes (ABC7)
Panish shows a picture of Payne at the red carpet premiere of "TII" documentary. He agreed he was happy about the premiere. (ABC7) During cross-examination, Payne was shown several photos of premieres for the documentary “This Is It.” In one, Ortega and AEG executive Randy Phillips flank Jackson’s manager, Frank DiLeo, who has a cigar hanging out of his mouth. All three are grinning. Brian Panish, the attorney for Jackson’s family, remarked that everyone looked pretty happy. (LAtimes)
Payne said he wasn't privy to details of what was expected of Dr. Murray. AEG was producer/promoter, but MJ was the star, had to be happy(ABC7)
Panish reminded Payne that he had testified in his deposition that AEG was trying to protect its “investment.”
“I don’t have a dog in this race so I’m not on either side,” an aggravated Payne countered. “I’m just saying I don’t want to be painted as somebody who’s trying to mask anything.” (LAtimes)Payne got frustrated with Plaintiffs attorney: "I don't have a dog in this fight," he said, adding that he felt Panish was being aggressive (ABC7) After several hours of testy exchanges with Panish, his voice quivered and he dabbed his eyes with a tissue.
"I don't have a dog in this race," Payne said at one point. "I'm just trying to have a conversation with you and tell the truth." (AP)
Panish asked Payne if defendants' attorney approached him during lunch to show him some documents. He said yes, saw parts of his deposition. (ABC7)
Under cross examination, Payne acknowledged that some of Jackson's behavior, including grogginess, lethargy, insomnia and occasional paranoia, were possible symptoms of prescription drug abuse. He also said that despite testifying earlier that he worked with Jackson one-on-one five days a week, he couldn't recall how many rehearsals the singer actually attended.(AP)
Plaintiff’s attorney Brian Panish after lunch break got Travis Payne to concede Jackson wasn't present for a May 19, 2009 rehearsal. Payne also conceded that Jackson was a no-show for a June 22, 2009 rehearsal. (AP) Panish confronted Payne saying that yesterday he said he was with MJ at a dance studio on May 19, that they were up on their feet, danced.
Panish: Sir, MJ was not with you May 19, 2009, was he?
Payne: No
Panish: He was at the doctor
Payne: If you're saying, I'm not disputing
Panish said that on May 19, MJ was having a cyst removed at Dr. Klein's office, so he could not have been rehearsing with Payne.
Panish then said on Jun 22 MJ wasn't there either, "wasn't he?"
Payne said he didn't know. Panish said MJ was at another doctor's office (ABC7)
Payne said he may have made a mistake about Jackson’s whereabouts, and he didn't know the pop singer’s personal schedule. Travis Payne had testified yesterday that he and Jackson ran through certain songs on May 19th. He said today he was testifying based on the schedule and notes he compiled and that his recollection might be wrong.(AP)
"We're human, sometimes we make mistakes," Payne explained, saying he's not disputing that MJ was or wasn't there on those dates. (ABC7)
Payne said there was always something for MJ to do. "He needed to come to rehearsal, it was part of the job." (ABC7)
Payne said MJ had hard time picking up some of the material. Email from Ortega to Gongaware: "He has been slow at grabbing hold of the work" (ABC7) Jackson was having trouble learning dances, choreographer Travis Payne says (CNN)
"Prior to June, I notice Mr. Jackson was thinner than I recognized him," Payne said, noting he never saw sudden weight change in MJ. (ABC7)
Second time Payne saw Dr. Murray was the night before MJ died at Staples Center. "I wanted Michael to go home and go to sleep" Payne recalls. Payne said he felt that Dr. Murray didn't look like a doctor to him and didn't feel he was an official doctor who should be working for MJ. Payne knew MJ had sleeping problems and that Dr. Murray was treating him for that. Ortega also knew; Payne thought Gongaware was aware too (ABC7) Payne also said he and Ortega knew that Jackson was having sleep problems. Attorney Brian Panish asks if AEG executives knew. There were several objections, and Payne was only allowed to answer “No” as to whether Paul Gongaware knew about Jackson’s sleep problems. (AP) (Note : There’s a conflicting info here)
Something about Murray felt off, Payne said. “He didn’t feel like an official doctor,” he said. (LATimes)
Panish asked Payne about choosing Jackson’s dancers for “This Is It.” Payne says they were whittled down from 5,000 applicants. (AP) Applicants submitted video clips and their submissions were used to cull down potential dancers from there. (AP) Payne said they received 5,000 applications for dancers, about 2,000 showed up 4 the audition. Payne says about 2,500 people showed up for a casting call. He taught them some dance moves, and the pool was further narrowed down. One note about the backup dancers _ Michael Jackson chose them from a group of finalists. (AP)
Panish then asked Payne whether he knew how many doctors AEG interviewed to work with Jackson on “This Is It.” “No,” Payne says. (AP) He didn't know how many doctors AEG screened (ABC7) Payne also says he isn't aware how much interviewing or investigation into Murray that AEG did. (AP) (Panish’s point appears to be that there was more scrutiny of Jackson’s backup dancers than Conrad Murray. AP)
During preparations for his anticipated “This Is It” performances in London, Michael Jackson at times seemed “under the influence of something” during rehearsals and once couldn’t take the stage because he appeared incoherent, Payne testified. Travis Payne said Jackson had trouble picking up some of the show’s choreography and requested a teleprompter to help him with lyrics — something the singer had never done before. (LATimes)
Payne said he was aware that Jackson had problems sleeping and chalked up the singer’s sometimes erratic behavior to sleep aids or sedatives from his dermatologist visits. (LATimes)
“You have to understand that one always says hindsight is 20/20,” he said. “In the moment I had no inkling of what, ultimately, what was revealed until Mr. Jackson’s passing.” (LATimes)
Payne saw MJ tired and fatigued. He agreed that those symptoms could be signs of drug addiction. Payne was aware that MJ was losing weight during rehearsals and he had not seeing him lose weight like that before. "He was not in great physical shape and was sore," Payne said. Payne felt that the reason MJ was groggy was because he was getting some sort of sleeping medication. "He just seemed assisted" (ABC7)
Payne says at one point, he told Kenny Ortega that Jackson appeared “assisted” _ meaning that he thought he was on drugs\meds. (AP)
Payne said some people were concerned about the goals not being met, including Randy Phillips and Paul Gongaware. (ABC7)
Payne said that he thought MJ was under some type of sedative after the came back from Dr. Klein's office; he would have cosmetic work done. Payne learned what Demerol was after MJ died. He also remembers a mention of Demerol in the song "Morphine". (ABC7)
"He was losing weight, he was sore, working up his stamina. Lack of sleep and proper nourishment were starting to show," Payne explained. (ABC7)
Panish asked if MJ knew the lyrics of his songs. "I think he did, he knew most of them, but he wanted to have a TelePrompTer for safety" Michael asked for the TelePrompTer, he didn't want to make any mistake, 2 refresh his memory. Also to use for sequence of songs, Payne said . Payne agreed that it was very unusual for MJ to have TelePrompTer with the lyrics of his own songs. He never used it before. (ABC7) He also asked that a teleprompter be placed near the stage to help him remember song lyrics, something Jackson had never used before during a concert, he said. (CNN) He said Jackson wanted to use a teleprompter during the shows as "extra security," but it was an aid the performer had not used in his two previous tours.(AP) Payne didn't specify which songs Jackson wanted teleprompter for, but said MJ had never used one on tour before. It was plaintiff's attorney Brian Panish who questioned whether Jackson could remember words to his songs. Travis Payne said the teleprompter was "extra security" for Jackson and would inform of him of changes in show, words for speeches.(AP)
Payne said a body double was requested for MJ. Misha Gabriel was MJ's body double, but shorter than him. Some of the scenes in the documentary are with the body double, Payne testified. Payne remembers at the Culver Studios in Smooth Criminal there was a stunt and Misha was asked to jump thru glass plate. (ABC7)
Payne said most it the time, MJ was present at rehearsals. "It wasn't s big deal," he expressed.(ABC7)
Panish showed an email from the band leader Michael Bearden: "MJ is not in shape enough yet to sing this stuff live and dance at the same time," Bearden wrote. "He can use the ballads to sing live and get his stamina back up, Once he's healthy enough and have more strength I Have full confidence he can sing the majority of the show live. His voice sounds amazing right now, he needs to build it back up. I still need all big dance numbers to be in the system so we can concentrate on choreography." (CNN)
Payne was aware that AEG was considering in mid June pulling the plug on the show. He said MJ looked exhausted and paranoid on Jun 19 (ABC7) Jackson's condition and missed rehearsals led to talk within the last 10 days of Jackson's life that AEG Live LLC, which was promoting "This Is It," might cancel the concert series.(AP) "It was 'We've got to get this together or the plug may be pulled,'" Payne says (CNN)
"It was 'We've got to get this together or the plug may be pulled,' " Payne testified. Jackson was having trouble learning some of his dances in the final weeks, he said. The jury saw an e-mail from show director Kenny Ortega saying Jackson had "been slow at grabbing hold of the work." (CNN)
Payne was working for AEG and said he relayed his concerns about Jackson's possible prescription drug use to tour director Kenny Ortega. Jackson was struggling to get into shape for the shows, and Payne said his voice coach suggested using a voice track for fast-paced songs until the singer's stamina improved. Travis Payne said he expressed concerns to the director of the "This Is It" shows that Jackson might be misusing prescription medications and was exhibiting troubling signs of insomnia, weight loss and paranoia in his final days. (AP)
Payne went to MJ's house on June 20. He was cold and had to light the fireplace and rub his hand and feet to warm himself up. (ABC7)
Panish showed a picture of MJ on June 24 rehearsing Thriller. Payne said MJ improved but was not at his best yet. (ABC7)
Payne knows of one incident, June 19 at the Forum, where MJ had to be wrapped around in a blanket and be in front of a heater. (ABC7)
Panish: Around June 20, was Ortega in the mindset that MJ was not ready for this?
Payne: Yes (ABC7)
Payne said MJ was not ready, it was not the MJ he knew. He died four days later. But he didn't see anything that alarmed him on June 23/24 (ABC7)
Panish: Did you see that MJ was getting pressured to get everything done in the last days?
Payne: Yes (ABC7)
Payne said he could sense something was wrong, but didn't know what it was. (ABC7) "You could sense that something was wrong, you just didn't know what it was?" plaintiff's attorney Brian Panish asked. Yes, Payne replied. (AP)
Payne said he had not seen MJ in the condition he saw him on June 19. Last two days were better. (ABC7)
Payne cried when he said he never doubted MJ and that part of his responsibility was to help getting him there, ready for the tour. (ABC7)
Payne said Jackson’s performances in the final days of his life were impressive, and it felt “like we were definitely on an upswing.”
“I never doubted Michael because he was the architect of this and he wanted to do it, so part of my responsibility was to help him get there,” Payne said, his voice racked with emotion. (LATimes)
Panish ended his direct examination of choreographer Travis Payne with three questions.
Panish: Did you see that Michael Jackson appeared to be pressured to get everything done at the Staples last rehearsals?
"Yes," Payne said
Panish: "The pressure about the shows started to manifest itself physically in Michael Jackson."
"Yes," Payne replied.
Panish: You could sense that something was wrong, you just didn't know what it was."
Payne responded "Yes." (AP)
AEG re-direct
Payne’s demeanor changed after Panish finished questioning him. He was holding back tears when AEG attorney started re-direct examination. For the next several moments, Payne blinked and dabbed both eyes with a tissue. It was first time he’d gotten emotional on stand. (AP)
Bina in re-direct asked: Do you think you could get him there?
Payne: Absolutely! (ABC7)
On re-direct examination, AEG attorney Jessica Stebbins Bina asked Payne again about how many rehearsals Jackson attended. Payne replied that it was a “significant” number, but he couldn’t recall dates, precisely how many that Jackson attended. (AP) Payne said MJ was present a significant amount of the days he was scheduled to work. (ABC7)
As to Gongaware email regarding what was expected of Dr. Murray, Payne said the inconsistencies with MJ missing rehearsals warrant a talk. Payne said he thought Dr. Murray was there to care for his patient, making sure right nutritionist was there, to get him ready for the show. Payne never discussed with MJ about his doctors or personal affairs. Payne and Faye were professionals with each other, but not friends. (ABC7)
"Production felt he wasn't coming to rehearsals enough, and that was frustrating to some of the staff," Payne testified. "I had a concern we needed to create a show Michael would enjoy doing it," Payne explained. (ABC7)
She also showed Payne photos from the “This Is It” premiere. Photos were of the choreographer with Jackson’s brothers. FStebbins Bina also showed another image of smiling Jermaine, Tito, Jackie and Marlon with Payne at “This Is It” premiere. First photo is of Payne shaking Jermaine Jackson’s hand at the “This Is It” movie premiere. Stebbins Bina also showed another image of smiling Jermaine, Tito, Jackie and Marlon with Payne at “This Is It” premiere. (AP)
Payne said Jermaine was at the premiere. Bina shows pic of Payne and Jermaine shaking hands; pic of Jermaine, Kenny, Tito, Jackie, Marlon. Payne cried saying he had been through so much and the rough part was behind them. He was pleased to show the fans what the show was to be. (ABC7)
Jackson re-cross
In re-cross, Panish notes that none of MJ's brothers are part of this lawsuit. (ABC7)
Plaintiff’s attorney Brian Panish then asked Payne whether Katherine Jackson and singer’s kids went to premiere. They didn't. Panish says Katherine Jackson, her grandchildren didn’t go to “This Is It” premiere because they weren’t over Jackson’s death. Payne said he didn’t think anyone was over Jackson’s death with the film premiered in late 2009. (AP)
Payne said he saw MJ cold once at his house, MJ asked him to feel his hands, another at Staples -- MJ was wrapped in a blanket, w/ heaters (ABC7).
Payne's understanding was that Dr. Murray was to provide what the artist needed, as far as nourishment, rest. As to Gongaware's email, Payne said he took to understand that Mr. Jackson needed to have proper nourishment, care, and masseuse. Payne believed the doctor needed to assure comfort of the star so they could have productive rehearsals. (ABC7)
“My understanding was that Dr. Murray was to provide whatever the artist needed as far as nourishment, the ability to rest well, so he could have productive rehearsals,” Payne said.(LATimes)
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No court on Wednesday May 15 as one of the jurors will be attending a funeral. Court resumes Thursday May 16 afternoon.
