I would like to admit that I don't follow this trial so religiously like most of you on this forum.
I would also like to concede that of all the zillion people that have testified to date, Kenny Ortega (KO) testimony was by far the most useful. the rest, especially experts on both sides, were expensive distractions, bringing little to no substance to the case.
KO really helped a lot and his testimony does in my view hurt the plaintiffs more than it does help them.
here are some excepts which i think will highly influence the jury final verdict.
ABC7 Court News ‏@ABC7Courts 8m
Putnam: Have you ever worked on a tour where artist was unable to pay his personal doctor?
Ortega: I don't think so, assumption on my part.
Expand
ABC7 Court News ‏@ABC7Courts 8m
Putnam: Have you ever worked on a tour where the promoter/producer was advancing all daily expenses?
Ortega: It's possible, I don't know.
Expand
ABC7 Court News ‏@ABC7Courts 9m
Putnam: Have you ever worked on a tour where the artist could not afford his daily expenses?
Ortega: I don't believe so.
AEG was making the point that they were advancing all monies for all MJ living expenses including his medical expenses since MJ was in financial difficulty. The services of CM was paid for by AEG as part of that arrangement. i,e in the form of advances that MJ would later repay with his share the of the TII proceed. Again, this really helps a lot in understanding the context of the arrangement between AEG, MJ and CM and who was actually calling the shots.
Putnam: Do you think it's responsible for a studio to hire Kenny Ortega if he were in debt?
Ortega: I've been there and they hired me.
Putnam asked if being in debt diminishes your capability. "I don't think so," Ortega responded.
Ortega: Being in debt doesn't change your talent, your gift, your ability.
Expand
ABC7 Court News ‏@ABC7Courts 9m
Putnam: Have you ever worked on a tour where an artist was $400 million in debt?
Ortega: Not to my knowledge.
Expand
ABC7 Court News ‏@ABC7Courts 10m
Out of twitter jail, finally...
Expand
ABC7 Court News ‏@ABC7Courts 48m
Putnam: You just don't know some of those things, right?
Ortega: Yes.
Now if MJ could find work with a $400m of debt tagged to his name, why shouldn't CM be able to do the same?
KO could find work even though he's previously been in debt. So how can CM being in debt constitute a red flag? how does that help predict that this man would kill MJ someday?
ABC7 Court News ‏@ABC7Courts 7m
Putnam: Who introduced you to Dr. Murray?
Ortega: Michael
P: Did AEG introduce you to him?
O: No
P: What did MJ say?
O: This is my doctor.
Again, very powerful. It shows the nature of the relationship between the three parties. if CM was hired and sought by AEG and forced upon MJ, surely you would expect AEG to at least acknowledge it around instead of MJ. this is even more significant because MJ and KO were friends.
ABC7 Court News ‏@ABC7Courts 6m
Putnam asked if AEG checked if the doctor was licensed and if he had been disciplined, if it was responsible thing to do. Ortega said yes.
ABC7 Court News ‏@ABC7Courts 50m
Ortega: I didn't think he was being very responsible, but it was his responsibility, in my opinion.
Expand
ABC7 Court News ‏@ABC7Courts 50m
Putnam: Do you think MJ was being responsible with his own health?
Expand
ABC7 Court News ‏@ABC7Courts 50m
"Adults are responsible for their own health," Ortega opined.
Expand
ABC7 Court News ‏@ABC7Courts 50m
Ortega: I worked with 10,000 people in the Olympics, how can I be responsible for everybody's health?
Very powerful. this clearly shows the line of responsibility. In the end MJ was the master of his own health. nothing stopped him from going to the hospital and seeking adequate help. the jacksons claim AEG should have done something. but was that really their responsibility? was MJ under their care? is my employer responsible for my health? by the was MJ and AEG were business partners. still, was AEG responsible?
Putnam: Were you concerned MJ was doing drugs before "TII" in 2008?
Ortega: No, I saw him.
ABC7 Court News ‏@ABC7Courts 49m
Putnam: Did you have any reservation to work with him after rehab?
Ortega: No
P: Why not?
Expand
ABC7 Court News ‏@ABC7Courts 49m
Ortega never asked MJ about his rehab stint or any drug use.
this rebuffs the so-called red flags the jacksons claim by saying because MJ had flirted with drugs before in the early 1990s, AEG should have been concerned.
Ortega: He seemed healthy, ready and happy, there didn't seem to be any left over issues from the 19th.
Expand
ABC7 Court News ‏@ABC7Courts 40m
Putnam: Completely different?
Ortega: Completely
Expand
ABC7 Court News ‏@ABC7Courts 41m
Ortega said the meeting on June 20th was at MJ's Carolwood home. On June 23rd, Ortega testified MJ was in great spirits, ready to work.
ABC7 Court News ‏@ABC7Courts 37m
MJ also rehearsed and performed. Ortega said he was feeling they were back on track, believing they were in a new chapter.
Expand
ABC7 Court News ‏@ABC7Courts 37m
Ortega said MJ was almost as good on the 24th as the 23rd. He seemed a little tired from the day before but talked about things for the show
Expand
ABC7 Court News ‏@ABC7Courts 37m
Ortega: Everybody felt there was a different Michael in the room.
Expand
ABC7 Court News ‏@ABC7Courts 38m
Ortega said he just embraced it and went with it. "We were all delighted" Ortega recalled. "The energy in the room changed, hope returned"
Expand
ABC7 Court News ‏@ABC7Courts 38m
Ortega: He was in charge. Not only capable to rehearsing but to talk about other aspects of production, like films, the effects, costumes.
ABC7 Court News ‏@ABC7Courts 36m
Ortega said said excitement was pretty unanimous among all the people working on "This Is It."
Expand
ABC7 Court News ‏@ABC7Courts 36m
Putnam: Did you have concern on the 23rd or 24th he was taking drugs?
Ortega: No.
How can anyone expect AEG to show concerns here, especially after hearing something like this?
Panish: The producer could fire you if they wanted, right?
Ortega: I think Michael would not be happy with that.
The same way MJ would not be happy had AEG on its own dismissed Murray without consulting with MJ since AEG and MJ were business partners. MJ was the reason Murray was included in the team. it was at his own request.
Putnam: You were paid after the contract was executed, right? Ortega: That's what appears in this document.
Öffnen
ABC7 Court News ‏@ABC7Courts 55m
Ortega looked at the document and said he was paid on May 11, 2009, which is after he signed his contract.
Öffnen
ABC7 Court News ‏@ABC7Courts 55m
In his deposition, Ortega was shown documents to refresh his recollection. Putnam showed him the same documents.
Öffnen
ABC7 Court News ‏@ABC7Courts 56m
Ortega's contract was executed on April 26, 2009. "I believe I was paid in advance of signing," Ortega said.
Öffnen
ABC7 Court News ‏@ABC7Courts 56m
"I was only contracted, and we were only focused, on the London tour at this time," Ortega explained.
Öffnen
ABC7 Court News ‏@ABC7Courts 56m
Putnam: Did you understand you were an employee of AEG Live? Ortega: No P: What were you employee of? O: K.O. Company
Öffnen
ABC7 Court News ‏@ABC7Courts 56m
AEG Live had an agreement with K.O. Company for the services of Ortega.
Öffnen
ABC7 Court News ‏@ABC7Courts 56m
Putnam showed Ortega a "Certificate of Employment -- Loan-Out," which Ortega said it's certificate that he works for The K.O. Company, Inc.
Öffnen
ABC7 Court News ‏@ABC7Courts 56m
How is this any different from Murray? Murray contract was never executed until MJ had to sign, which he never did.
"It's sort of common in the industry," Ortega said. Putnam: If you don't reach an agreement, you could work and not get paid? Ortega: Yes
This explains why Murray was secretly taping MJ. This was his insurance in case at the last minute MJ decided to dump him by not signing that contract.
Putnam: Is it fair to say you were the "TII" director because of MJ? Ortega: Yes.
Öffnen
ABC7 Court News ‏@ABC7Courts 36m
"He told me he only wanted me," Ortega said about Michael Jackson's wished that he be the director.
Öffnen
ABC7 Court News ‏@ABC7Courts 36m
Very similar to the Murray situation.
Ortega: I thought of MJ as my partner, I didn't think of him as my boss. But MJ always had the final creative say in all the years we worked
Öffnen
ABC7 Court News ‏@ABC7Courts 24m
Putnam: Who did you consider your boss? Ortega: Michael.
Öffnen
ABC7 Court News ‏@ABC7Courts 24m
Isn't that similar to Murray's situation? Plus, both had contracts with AEG. KO contract was executed while Murray's was not pending MJ final signature.
Putnam: Did you ever see AEG pressure Michael in any way? Ortega: No Putnam: Did you feel AEG Live supported MJ? Ortega: Yes
Öffnen
ABC7 Court News ‏@ABC7Courts 22m
This undercuts the plaintiffs accusation that AEG was pressurizing MJ. and this is coming from the man who was close to MJ.
He said there were professional discussions like 'is this something you really feel it's going to benefit,' 'do you really need this.'
Öffnen
ABC7 Court News ‏@ABC7Courts 21m
Ortega said he would ask Gongaware for more and more things to create the show. Gongaware never denied anything.
Öffnen
ABC7 Court News ‏@ABC7Courts 21m
Ortega: Everything we brought to AEG, in terms of enormous creative needs, that AEG was very supportive in doing all they could.
Again this undercuts the plaintiffs accusations that AEG was trapping MJ financially. AEG went over the budget because they truly believe that it will pay off in the long run for everyone involved. They supported additional ideas from MJ because they truly believed in him. they trusted him. so why not support his creative ideas?
ABC7 Court News ‏@ABC7Courts 4m
"I wouldn't think it would be something that would be the norm," Ortega responded.
Expand
ABC7 Court News ‏@ABC7Courts 4m
Putnam in re-re-cross asked if it's common practice to check a doctor's credit report prior to hiring him.
Again this lend support to AEG contention that doing credit check as part of the background check was not customary, especially on a doctor. if this was an accountant that would be a different story.
In conclusion, reading KO testimony felt so much like fresh air without all the bizarre noises about drugs and so on. Even though I can't read the jury's mind, it's hard not to see them not being influenced by his testimony in their final deliberation.
Correction: Removed the testimony about MJ collapsing during the HBO rehearsals as it does NOT prove anything in terms MJ dependency on drugs. The collapse was due to dehydration (see link, courtesy of gerryevans,
http://www.heraldonline.com/front/story/1458834.html). Thanks to Vici for raising that point.