Michael Jackson's blanket of secrecy to be removed?

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  • MehitabelMehitabel Posts: 936
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    tommytiger wrote: »
    Mehitabel wrote: »

    Because we grasp onto the hope someone says something remotely interesting and relevant.

    Here's hoping since we got nothing from you.

    Oh my! Someone is cranky today. Have a cup of tea, take a nap, and the world will be a sunnier place.
  • haphashhaphash Posts: 21,448
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    i4u wrote: »
    Could exposing Jackson as an addict backfire on AEG ? Will the jury think AEG should have known what he was likely doing, considering he went to rehab in 1993 or will the jury see Jackson was very secretive?

    Drug use is rife in the music industry, they can't be held responsible for whatever substances performers choose to take.
  • i4ui4u Posts: 54,811
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    Summary of Day 80 by ABC7 News...another doctor who regarded Jackson a friend....
    It was the collapse of a stage bridge in 1999 that injured Jackson's back, according to Dr. William Van Valin, who treated him for pain two years later.

    In a video deposition, Van Valin testified that Jackson's injury was real. For a year, he made house calls to Neverland Ranch to give the singer injections of the painkiller Demerol in growing amounts. But doubts began to build.
    One day, the doctor saw a band aid on Jackson, covering a needle mark.

    According to Van Valin, Jackson's response was that he didn't get a shot from another doctor.

    "But it was. He was lying," said Van Valin.
    Another incident that disturbed Van Valin was when Jackson showed him a box of the anesthetic propofol, which he said he used to sleep while on tour. Propofol is the anesthetic that ultimately caused Jackson's death.
  • i4ui4u Posts: 54,811
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    Day 80 06 Sep 2013 Jackson’s vs AEG Extracted from tweets by ABC7 Court News.

    The Jackson family is not present in the court.

    Video depositions of three medical personnel that treated Michael Jackson over the years were played to the jury. Interpreting some of the tweets has proved difficult…

    First Dr. William B Van Valin's video deposition is played for the Jury. He treated Jackson in the early 2000's when Jackson lived at Neverland. In 2001, Jackson came to the office and wanted a Doctor to make house calls. Dr. Van Valin did. Jackson invited the Doctor to Neverland that night. He went with his son, Mason. He describes the interior of Neverland. A friendship started. He remembered one time he got up for work and opened the door to leave and there was Jackson on the door step. Jackson said he just got there but Dr. Van Valin asked Jackson's driver who said they had been there for 35 minutes. Dr. Van Valin invited him in, got his wife up to entertain Jackson and off he would go to work. Jackson would play monopoly, eat pizza, play. By the time Dr. Van Valin got home, the house would be a disaster...

    Dr. Van Valin said he believed Jackson was an insomniac. Dr. would read Jackson a book and when he thought Jackson asleep slip out. Sometimes Jackson was not asleep and would say "goodnight Barney" (nickname). Doctor gave Jackson 6 Xanax tablets, Jackson took all 6 and didn't have reaction. Jackson did discuss Diprivan (Propofol) with Dr. Van Valin. He said he used it between shows on his world tour. Doctor on the tour gave it to Jackson and monitored him, not like the guy who gave it to him and left the room! Putting him to sleep like a dog.

    Jackson said he hadn't slept for 4 days. Dr. Van Valin said he never heard of Propofol , told Jackson he didn't do IV. Doctor talked to anaesthesiologist who said only used in a hospital. Dr. Van Valin went back and told Jackson it was dangerous. Jackson had a box of Diprivan in his bedroom. The medication was from Florida but Dr. Van Valin did not know the doctor who gave it to Jackson or sent it to him. Jackson never asked Dr. Van Valin for Diprivan again.

    Doctor did continue to treat Jackson’s back pain. He remembers going to Jackson’s house and gave Demerol, that time he noticed a drop of blood on Jackson's shirt and a band aid. He asked Jackson if another doctor was giving him pain medications. Jackson said no but Dr. Van Valin knew he was lying. He told Jackson that more Demerol could kill him. He told Jackson he couldn't but did anyway. Dr. talked to Jackson about developing a tolerance and concern for addiction in 2003. He backed off giving Demerol for pain.

    Doctor continued his concern for Jackson’s Demerol use. Several times he would give Jackson dose, and Jackson would wooooo, sing and dance. Then the same dose fine. He was sure Jackson had gotten a shot from another Doctor just did not know who. Dr. Van Valin used the name Phil Sanders for Jackson on his chart. There was a note that he wrote a script in houseman's name for Jackson. Dr. Shannon (Saunders ?) was another Doctor at Van Valin's practice. There were notes in Jackson's file from him. Shannon (Saunders ?) notes Jackson dental work and pain. Shannon injects Jackson with Demerol for the pain but notes that Jackson brought his own medication to the office, Scripted by Van Valin.

    Dr. Van Valin has another talk with Jackson about concern for Demerol use on 10 Oct 2001. Jackson said he knew the risks. Jackson never told Dr. Van Valin about his prescription drug dependence and going into treatment in 1993. Dr. Van Valin didn't think Jackson had a problem because he would get Demerol every few days or even weeks. Most addicts it is every few hours. Eventually he stopped treating Jackson. They would just hang out together. No conversation he just stopped asking for treatment. Doctor’s note 28 Feb 2002 Jackson told he needed a break from his Demerol because his use was accelerating. He needed more and I couldn't give it to him.

    25 Oct 2002 Jackson called with an infection on his abdomen. He had a device placed under his skin about one week ago to decrease Demerol use. Doctor in Florida had inserted a Narcan plug that would deaden the affect of a narcotic. It had become infected, Dr. Van Valin cleaned it out. The doctor described Narcan as a medication used in ER's when a patient comes in comatose and the doctors do not know what was used. Dr. Van Valin knew Jackson must have been getting Demerol elsewhere because he hadn't given it to him in a while. Jackson didn't come back.

    Dr. Van Valin said Jackson was a great father, patient was gentle with kids. Talked about how shy Paris was as a child. She would get on Jackson's lap at dinner and Jackson let her eat dinner there. Very attached to her Dad. The doctor went to Jackson’s house for dinner with his wife, she spotted the stroller and knew there was a new baby in the house. They went up to nursery and Jackson introduced them to Blanket. Said that is what they call him now but he wants all his kids to be named Michael Jackson. Dr. Van Vilan said he thought he and Jackson were best friends. He said he never had a better friend and he didn't think Jackson did either. He said he really didn't know the Pop Star - he knew Jackson the man, the father. He still misses him.

    The doctor said he treated Jackson as he treated all his patients. He also said he did not believe Jackson was his friend so he could get Demerol. Van Valin said it’s possible he gave Jackson Demerol and did not put into chart. Oct 2000 to Jan 2001 he gave Jackson a shot 6 days and one day twice. In 2001 6 times according to the chart. 2002 twice. Then, he never gave Jackson another Demerol shot. Dr. Van Valin never treated Jackson again after Oct 2002. He realised Jackson was getting medication elsewhere and he told Jackson he couldn't give Demerol. Jackson said no sleep was his biggest complaint. Jackson told Dr. Van Valin that on tour he had a doctor who gave him Propofol between shows, would wake feeling refreshed.

    Dr. Van Valin's video deposition ends there.
  • i4ui4u Posts: 54,811
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    Day 80 06 Sep 2013 (Part 2)

    (The following are the tweets as delivered.)

    The next video deposition played is Dr. Neil Ratner an anaesthesiologist from New York. He no longer practices medicine...stopped in 2002. Treated Jackson from about 1990 to early 2000. Jackson told him to call Dr. Hoeffler, Beverley Hills Plastic Surgeon. He had good experience and wanted same. Ratner said he treated Jackson for surgeries. He didn’t recall treating Jackson for pain, sleep or treated him outside America. Dr. Ratner travelled outside US twice with Jackson. Treat him? Don't recall. Treat at house? Don't recall. Asked if he went on tour with Jackson. No. Where did he go with Jackson? Germany, South Africa, and Korea. Were you on the tour? No. Asked if he knew Jackson was on tour? Yes. Did he bring Medical equipment? Don't recall. Treat Jackson? Didn't recall.

    The only time Dr. Ratner was concerned for Jackson's health was the fall in Germany. He said he asked for payment to travel with Jackson because he had to leave his practice. Asked if he ever treated Jackson for pain that was not surgery related? Didn't recall. Or Drug addiction? Not that he specifically recalls. Travelled with Jackson once, not on tour. They went to South Africa to give a cheque for charity raised at a concert to Nelson Mandela.

    The last video is Dr. Allan Metzger who was Jackson's primary Doctor from about 1984 to April of 2009. Jackson was referred to him by Dr. Klein. Metzger was Rheumatologist and Internist. Klein concerned Jackson might have Discoid Lupus but with tests he did not. Metzger thought he was Jackson's primary but Jackson doctor shopped. He would go to other places in the world and have doctors there and not share info. Metzger also had a personal relationship with Jackson but Dr. Klein was closer. Called "Arnie" a mother hen with Jackson. He said Klein sidewalk consult. Sidewalk consult is when the patient calls doctor who will call another doctor instead of patient being told to call right doctor himself!

    Primarily Metzger treated Jackson for back issues over the years and sleep problems. Saw insomnia first hand when he joined Jackson on tour. Travelled with Jackson to Australia as a pseudo-physician and companion. Were you compensated? I was not. When he did the curbside consultation, that information never got into Jackson chart. Happened a few times a year. He was a social friend of Jackson. Went to Neverland 6 to 8 times. Was invited and went to Jackson wedding to Debbie Rowe. Last time he saw Jackson was 18 April, 2009 where he prescribed a sleep medication, they talked about cafeine usage, no news shows before sleep….

    The jury will hear the remainder of the Deposition when they are back in court on Wednesday.
  • i4ui4u Posts: 54,811
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    According to Dr. Van Valin Jackson had a box of Diprivan in his bedroom. The medication was from a doctor in Florida. On 25 October 2002 Jackson called with an infection a week after a doctor in Florida had inserted a Narcan plug that would deaden the affect of a narcotic ie Demerol. Dr Van Valin cleaned it out.


    On Day 55 Dr. Alimorad Farshchian from Florida testified he inserted implant in Jackson's abdomen on 4 Nov 2002. But Michael had a local doctor who didn't know what the patch was and removed it. Jackson would itch it, had some skin rash. On 26 Nov 2002 Jackson had second procedure of Naltrexone ie implant.


    Dr. Allan Metzger testified he saw Jackson on 18 April 2009 and prescribed a sleep medication. On the same day Cherilyn Lee the nurse nutritionist has testified she stayed with Michael Jackson overnight and gave him a herbal medication and ignored his request for Propofol. Meanwhile Dr. Conrad Murray had been ordering Propofol since early April.
  • i4ui4u Posts: 54,811
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    Does this mean the Jackson's have proved AEG Live hired Murray or is the judge giving the jury something to do?
    Superior Court Judge Yvette Palazuelos ruled Monday that lawyers for Katherine Jackson hadn't proven claims that Randy Phillips, CEO of AEG Live LLC, and promoter Paul Gongaware could be held responsible the death of the pop star.

    The judge ruled that a jury should determine whether AEG Live hired the doctor later convicted of giving Michael Jackson a lethal overdose of anesthetic in June 2009
  • johartukjohartuk Posts: 11,320
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    Sounds like part of the case has been thrown out, so the Jury only have to decide if it can be proved that AEG hired Murray.
  • i4ui4u Posts: 54,811
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    More information...
    The ruling will simplify the case for jurors, who could begin deliberations before the end of the month.

    The trial has featured potentially damaging testimony to both sides, with Katherine Jackson's lawyers displaying emails sent by AEG executives describing Jackson in unflattering terms.

    The company's lawyers have shown the jury testimony from several of Jackson's doctors, who described close relationships with the singer and their occasional misgivings about whether he was shopping for doctors or had grown dependent on prescription medications.

    "I really think it would be inappropriate here for this to go to a jury," AEG Live defense attorney Marvin S. Putnam argued Monday.

    Deborah Chang, an attorney for Katherine Jackson, countered that evidence in the case supported the family's position that AEG is responsible for Michael Jackson's death.

    There will be no testimony this week so a juror can visit an ill family member. The lawyers are expected to use this week to take care of important work such as jury instructions and the verdict form. Testimony will resume 16 September when AEG will complete their evidence and the family's rebuttal evidence will begin.
  • i4ui4u Posts: 54,811
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    The case now seems set to resume on Wednesday when AEG are expected to end presenting their case.

    It has been reported AEG have dropped the idea of calling Margaret Jackson as their last witness and instead will show a portion of Prince Jackson's video deposition.
    A Jackson lawyer argued that AEG Live's "intent is to show the lawsuit's purpose is greed," while the judge suggested that any mother could be expected to say "there is no amount of money that would substitute for the loss of her son."

    Marvin Putnam (AEG) has frequently cited in interviews a "statement of damages" letter sent to him by a Jackson lawyer last year capping possible damages at $40 billion, but the judge ruled that he could not refer to it in court because it was not a sworn filing in the case.

    Jackson lawyer Kevin Boyle pointed out that the lawsuit complaint only says that damages would be "according to proof at trial," based on testimony by several expert witnesses who have testified.

    "It is very difficult to assess the value of the King of Pop," Jackson lawyer Deborah Chang told the judge Wednesday. "How do you even do that?"

    The non-economic damages suffered because of Michael Jackson's death could be enormous considering "what happened to Paris Jackson," she said. Jackson's 15-year-old daughter attempted suicide in June and remains in a treatment program.
  • i4ui4u Posts: 54,811
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    AEG wrapped up their defence with a video deposition from Michael Jackson's long term physician Dr. Allan Metzger.
    The trial is in its 21st week and jurors are expected to begin deliberations next week.

    Metzger spoke of Jackson's decision to embark on the ultimately ill-fated "This Is It" tour to eradicate the stigma of his child molestation trial.

    "He wanted to redeem Michael Jackson," said Metzger who visited with the singer at home three months before Jackson died and told of the heart-to-heart talk with him.

    "He wanted to redeem his image," the doctor said. "He felt this was it and he wanted to go out with a flash. He was still terribly hurt about the trial and the accusations. "
    Metzger's testimony contradicted many accounts of Jackson as a tortured figure in his last months, forced to commit to more concerts than he was capable of doing and turning to prescription drugs to chase away his demons and find the elusive sleep he craved.
  • i4ui4u Posts: 54,811
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    More from Dr. Allan Metzger's video evidence.
    "Michael would seek out avenues of sleep helpers, and that’s another aspect of the secrecy. I never knew what he was doing at the times when he wasn’t in L.A.,” Dr. Metzger said in a video deposition played for jurors.

    “Probably he did things in L.A. that I don’t know or Dr. (Arnold) Kline doesn’t know,” he said.

    At one point in the video, AEG lead attorney Marvin Putnmam named several doctors that Michael Jackson had seen over the years who Dr. Metzger had never heard of.
  • i4ui4u Posts: 54,811
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    Day 81 19 Sep 2013 Jackson’s vs AEG Extracted from tweets by ABC7 Court News.

    The Prequel

    In the morning the judge heard several arguments from the attorneys. Judge Yvette Palazuelos ruled that closing arguments and possibly verdict will take place in a much larger courtroom. The trial will move to the same courtroom where jury selection was done in order to accommodate whoever wants to see the proceedings live. The ruling came with objection of AEG's attorneys who wanted to keep everything in the small courtroom the trial took place over last 5 months. During deliberation, the jurors will be partially sequestered. They will have special arrangements for arrival and departure. Jurors will have a room to eat lunch that doesn't require them to mingle with anyone else.

    As to closing arguments, Judge said they don't want to begin one party's closing on Friday then take the weekend off. Judge said minimum of 3, up to 4 hours for closing for each side. Closing arguments to begin Monday at 10 am with plaintiffs. Closing for defense Tuesday at 10 am. Rebuttal on Wednesday -- not sure how long Panish will take. Best envision to finish pre-instruction Friday by noon, closing Monday, Tuesday and Wednesday, concluding instruction after rebuttal. According to this plan, jury could get the case late Wednesday or Thursday of next week.
  • i4ui4u Posts: 54,811
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    Day 81 19 Sep 2013 Jackson’s vs AEG Extracted from tweets by ABC7 Court News.

    After lunch break, trial resumed . Katherine Jackson was back in the courtroom.

    Attorneys stated their appearance for the jury. Judge Yvette Palazuelos said "really good news: we're in the 9th inning!" She told jurors the closing of evidence will be either tomorrow or Friday. Judge thanked juror number 1 for coming back. Court staff gave jurors October calendar, they are to check it and bring back tomorrow.

    Video deposition of Dr. Allan Metzger resumed. He said he doesn't recall if he treated Jackson for insomnia in the 1980s, needed to look at records. He doesn't think Doctors Klein or Hoefflin were present on the HIStory tour. Marvin Putnam for AEG asked about Dr. Neil Ratner, Dr. Metzger said Ratner was an anesthetist from NY and doesn't remember how he got involved with Jackson. "Michael would seek out avenues of sleep helpers," Dr. Metzger said. "That's was another aspect of the secrecy. I never knew what he was doing at times that he wasn't in LA, and probably he did things in LA I don't know or Klein doesn't know. Michael had several aliases for confidentiality, one was Omar Arnold, Joe Michaels, there might be others I forgot about," Dr. Metzger said.

    Dr. Metzger treated Jackson for lupus, medical issues, back issues or leg issues. He said he doesn't remember anything particular unusual or remarkable, expect helping him sleep. "There were many surgeries related to the injury with fire," Dr. Metzger said. Karen Faye was the most constant person who was around Jackson all the time, Dr. Metzger said. "To me she was the most constant companion." Jackson was mostly vegetarian, except for fish, the doctor testified. "He was adamant about proper nutrition."

    "I was aware he was given Demerol for procedures in the office," Dr. Metzger said. He said he became concerned because of the pain threshold, knew something needed to be done. Metzger heard concerns from Karen Faye, Debbie Rowe, Dr. Steven Hoefflin and Dr.Arnold Klein. Metzger testified Jackson was doctor shopping and took pain medication a normal person didn't. Dr. Metzger, “I think I told Michael Jackson his pain threshold was not average. I do recall prescribing something in Faye's name, I don't remember what.” He went on to say, “There was so much anonymity in Michael Jackson's world. “

    Medical records..
    18 Aug 1993: Dr. Metzger saw Jackson at Century City house for temperature over 100 degrees. He had viral influenza complaint and severe scalp pain and headache. "I remember he was very sick," Dr. Metzger said. Elavil was used for sleep, raise the pain threshold, the doctor said.
    21-23 Aug 1993: No communication from Jackson or doctors, Dr. Metzger wrote on chart.
    24 Aug 1993: Dr. Metzger said the message was that he was in pain. "I don't know if medication was given to him."
    25 Aug 1993: Jackson called, sleeping problems, depression, beginning of tour. "He wasn't able to sleep" Metzger said.
    26 – 29 Aug 1993: No contact

    Dr. Metzger said there are several medications that are analgesics but not narcotics.

    17 Jul 1995: Seen in the office as emergency for severe chest and upper back pain, anxiety, shortness of breath. "Somewhat tearful at times related to severe pain," the doctor wrote on the chart.

    "There were many times he came in as emergency or at the end of the day," Dr. Metzger said.
    Jackson’s neuro receptors, his brain, would detect a grade 7, 8, 10 when average individual would have 3, 4, 5. "Clearly it's a neurochemical issue, but I don't know exactly," he said. Dr. Metzger said Jackson had a documented arrhythmia after he collapsed during the HBO special in New York. "I don't think it was a pain thing, I think it was exhaustion and dehydration thing."

    25 Aug 1996: Patient seen/examined for world tour. The doctor said Jackson needed a physical for the people in charge of the tour. Sometimes they would want a note, or form, or check list. Medications Jackson was taking at the time: Low dose of Xanax - depression and helps sleep. Ambien - sleep only, Dalmain - very mild sleeping medication. Dr. Metzger said Jackson asked him to come on tour to be in his wedding. After Jackson collapsed during the HBO special, Dr. Metzger went to New York City for 3 or 4 days to be with Jackson. "He was dehydrated, he had a gastroenteritis (stomach inflammation with diarrhea)," Dr. Metzger testified. Dr. Metzger said Jackson lost 7 or 8 pounds after each performance, he weighed him to prove Jackson needed to drink more fluids.

    13 Jul 1997: Letter from Dr. Christian Stole from Munich with lab data of Omar Arnold from 5 July 1997 saying Dr. Metzger talked to professor Peter. "I recall the stationary and the letter, but I don't remember professor Peter," Dr. Metzger said. He claimed he never discussed with the German doctors treatment for Jackson. "I believe I never gave him Demerol," Dr. Metzger said. Putnam asked, “Did you prescribe it to him?” Dr. Metzger replied, “That's the same thing, no.” Dr. Metzger told the court Demerol is addictive if used in high doses for a period of time, usually used after surgery. "People who are in constant pain require Demerol or its cousins," the doc explained. "I believe on one occasion I prescribed Vicodin, don't remember Percocet, no Demerol," the doctor recalled.

    He said he prescribes Demerol in hospital setting. He had 2-3 chronic pain patients on oral Demerol. "It's good for post-operative pain." Dr. Metzger said Demerol produces sedation, lethargy, could suppress their breathing, could get a rash and dependency. "I recall Hoefflin trying to get more involved in his care," Dr. Metzger testified. The doctor said Debbie Rowe was in constant assistance when Jackson was under the care of Dr. Klein, that was the beginning of their relationship.
  • i4ui4u Posts: 54,811
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    Day 81 19 Sep 2013 (Part 2)

    Dr. Metzger said he didn't have any conversation with Mrs. Jackson about Jackson's drug use. But he said he recalled it being discussed with Janet once. Janet was concerned Jackson's back was going out too much and be was taking pain medications. Dr. Metzger never discussed addition with Jackson. He said he expressed he wished Jackson didn't use pain medication when he saw doctors Arnold Klein or Steve Hoefflin. Dr. Metzger said, “I think I heard from Arnie he was also trying to reduce the pain medications, but he just accommodated the situation, I guess.” Dr. Metzger never participated in any intervention to help Jackson quit drugs. "He liked painkillers when he was in pain," he said. "I saw that with back issues, knee issues, headaches," he said. "It worked, he was a big baby, he didn't want any pain." Dr. Metzger is not aware of Jackson seeing pain specialist, never recommended one.

    The doctor was never aware of Jackson's use of Propofol. "I was never aware of anyone using that medication other than Murray."

    18 Sept 2002: Insurer sent somebody to Dr. Metzger's office to see him draw Jackson's blood for lab test. Jackson was taking no medications except MS Contin for severe back pain. It's a narcotic, cousin of Demerol, the doc explained.

    Dr. Metzger said over the years, Jackson had numerous plastic surgeries, some A, some B, some nasal. Dr. Metzger didn't know in advance about the great majority of his nasal surgery.

    June 2003: Jackson to have anaesthesia for collagen injection, pre-op examination by Metzger. Dr Metzger told the jury,” That was the first time to my knowledge that he was given anaesthesia for collagen. They must've planned major amount of collagen.” Dr. Metzger does not recall any other patients needing clearance for collagen injection. Putnam asked if that happens frequently, "Virtually never," Dr. Metzger responded. Dr. Metzger said he would often ask Jackson who was prescribing him drugs. "He was secretive about medicine, secretive about procedures, secretive about all that stuff. I was worried someone would give something that would mix with something else. He took great joy in making it a surprise to everyone. I don't think he thought it was serious.” The doctor said Jackson's knowledge about medications was not really sophisticated. He knew what he wanted done, though.

    12 June 2008: Dr. Metzger had not seen Jackson for 5 years. Jackson called. The doctor said he sounded alert and when not under stress he takes Tylenol pm for sleep. "I was shocked to hear from Michael, that he was in Vegas," Dr. Metzger said. "I don't recall him calling for a prescription, I was really happy to hear from him," the doctor said. “I personally missed him, liked seeing Michael and dealing with him.He was great, a little more boisterous than his normal self, sounded great. Normally he could sleep with Tylenol pm," Dr. Metzger explained. "Under stress, God only knows what he needed to sleep."

    Next time they spoke was 26 Feb 2009. That's when Jackson told him about upcoming major events in Europe and London. "I think it was more of an anxiety call, how he was going to deal with all the 30-50 shows," the doctor said. Dr. Metzger: said, ”I think he was fearful because this is it, he needed to do something he had never done before. He had a lot of pressure from himself, media and people who he was working for. He wanted to redeem Michael Jackson," the doctor explained. "To redeem his image, he felt this was it, and he wanted to go out with a flash."

    Dr. Metzger thought Jackson was still terribly hurt about the criminal trial and accusations, “He was one of the most recognized names in the world and I think he wanted to stay that way.” The doctor said Jackson was excited and scared about "This Is It." It was a positive call, an informational call, he remembered. The doctor said they talked about some different manoeuvres. "I suggested hypnosis, he tried acupuncture years ago and it didn't work." Dr. Metzger said it was nutritious and hydration concern." I was really reminding him about the ordeal he was about to face."

    Putnam for AEG asked, “When you saw the announcement, what did you think?” Dr. Metzger replied, “He looked great! He seemed in good shape, it seemed very exciting to him.” Metzger said Jackson would be in London, maybe he should look for a sleep physiologist there to help him. He said Jackson didn't think he needed one. Jackson never mentioned Dr. Murray to Dr. Metzger, never met him until the criminal trial. Dr. Metzger testified, “I do remember saying 'we're going to help you find someone to help you sleep during these performances'.“ The doctor said Jackson had some chronic back pain off and on. There was no discussion about Demerol.

    18 April 2009: Dr. Metzger visited Jackson at Carolwood home. "Michael called me, and said he wanted me to come visit him. I was ecstatic! I missed him, wanted to see the kids and how they were growing up, was very close to the children when young," the doctor testified. Dr. Metzger said he recalled they let Jackson sleep late, began rehearsal at 11/11:30am. But worked late and Jackson had trouble sleeping afterwards. "He was excited and stressed, it was a huge task," Dr. Metzger said.
    "He was excited to do a great job, excited to come back into the public arena in good light." The doctor said Jackson joked about getting older, 49.

    Dr. Metzger said, “He looked great, he looked trim. You can't say skinny because he was muscular. He was ready to go.” The doctor said he expected Jackson to have a profound sleep issue during the tour. "We talked about someone in London, he never mentioned he already had someone on board," he explained. Dr. Metzger said he talked to some doctors at Cedars, asked if anyone had recommendation of sleep physician in London. "He wanted some intravenous medicine that would put him to sleep," Dr. Metzger testified. "I can't sleep without something special.” The doctor alerted Jackson about potential life threatening: he could overdose, allergic reaction in a hotel, could be given wrong medication. "It just isn't the right thing to do" Dr Metzger told Jackson. He said it was a 5-10 minute talk, and he had no concept whether he was successful.

    He had great fears about responsibility of tour: dehydration, back injury and sleeping. This was the last time Dr. Metzger saw Jackson. Dr. Metzger testified, “I had used the expression ‘juice’ because Jackson would use that, it was a nickname he used for sleeping medications. It was definitely a word he made up years ago. He used the word not often but when things got difficult.” The doctor told Jackson he was going to find people to help, then drove off putting the top of his convertible down. He said the kids loved his car. Putnam read names of several physicians and asked Dr. Metzger if he knew them. "I told you he was a doctor shopper," Dr. Metzger said. The doctor said he purges records after people don't go back for 3, 4 years. He said he never altered Jackson's medical records. Dr. Metzger said Dr. Hoefflin wrote a plan, 20, 30, 40 pages long, to help Jackson with his nutrition and medication. "I think I threw it away."

    Dr Metzger said he had a very close relationship with Michael and the children. "Whenever I was with them, I have seen a lot of interaction. Michael Jackson was an outstanding father," the doctor said. The doctor described the love between Jackson and his children as immeasurably. "He loved his mother greatly," Dr. Metzger said. "I've seen him generous to strangers, to hospitals, institutions, people on the street...Michael Jackson has been generous to me, cordial to my family, a real compassionate human being," the doctor said. “Jackson was shy, but yet not really shy, I think the shy was an act. Fun to be around most of the time. I know his love and care for humanity. I just viewed him as a very wonderful, special person. I never saw him be demeaning to anybody, always trying to be generous and kind.”

    Dr. Metzger said he was surprised Dr. Forecast going along on tour with Jackson then Dr Ratner on HIStory tour and yet another doctor on This Is It tour.

    That concluded video testimony of Dr. Metzger. After a break, Marvin Putnam told the jurors AEG has rested their case.
  • i4ui4u Posts: 54,811
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    Day 81 19 Sep 2013 (Part 3)

    The Rebuttal

    Jacksons' attorneys began their rebuttal case. Their first witness was LAPD Detective Scott Smith. Brian Panish for the family did direct examination. Det. Smith is employed by LAPD. Currently assigned to Robbery Homicide Unit. He has been there for approximately 3 years. He knows Det. Orlando Martinez, within the same department. He has worked on more than 200 homicide investigations. He was working the day Jackson died. He was notified to go to UCLA Medical Center along with Det. Martinez. Det Smith brought a large binder with him. He said at UCLA he met with Jackson's security team, police officers then went to Carolwood house. Det. Smith agreed that at that point it was a death investigation.

    Det. Smith said about two months later the coroner determined the death was a homicide. He said he served subpoenas to find out motive. He got together with the District Attorneys’ office to investigate further. Det. Smith testified they found in Dr. Murray's a contract between him and AEG that also had name of Michael Jackson. Det. Smith interviewed Kathy Jorrie. He said she had contact with Murray in regards to the contract, may had been responsible for drafting it. Det. Smith had a search warrant from the Coroner's office to enter Dr. Murray's car. "It was going to motive," he said.
    He said he was looking into Dr. Murray, who was more than a person of interest, he was a suspect in this case.

    Det. Smith testified that information that was obtained revealed that Dr. Murray financially was in ruins. The detective said Dr. Murray's house was about to be foreclosed, he was in rear of child support for multiple children by multiple women. The detective interviewed Jorrie on Feb. 22, 2001 (2010 ?), took notes. Marvin Putnam was present. "I believe he was there to see what we had to say." Panish showed picture of Kathy Jorrie. Det. Smith recognized her and Putnam for the record. Det. Smith said Jorrie answered most of the questions. Putnam was standing at the back of the room.

    Panish reads transcript from Jorrie's testimony where she was asked if she told LAPD that Jackson was going on a 2 to 3 year world tour. Asked if Ms. Jorrie denied making the statement, Det. Smith testified, "She did state that there was going to be a world tour that would last 2 to 3 years." Det. Smith said he wrote the information down as part of the statement and still has it, brought it to court. Panish asked, “Is there a question in your mind that she said that?” Det. Smith answered,”No question whatsoever. Ms Jorrie and Mr Putnam stated this was only the beginning that Michael Jackson would go on a world tour that would last 2 to 3 years," Det. Smith wrote. "Mr Putnam and Ms. Jorrie said the European tour was just the beginning..." Det. Smith typed in the police log.
    He also typed: "Michael Jackson was going to do a world tour that would last 2 to 3 years." Det. Smith said he takes notes contemporaneously as the interview is being taken. He types the notes once back at the office.

    Jessica Bina for AEG did cross examination. Jorrie agreed to meet with the police, Det. Smith said. He said she was very cooperative. Det. Smith said he writes down a summary of the interview, not like a court reporter. "I'd imagine some things are missed," he said. Det. Smith told the court he could not recall word for word what Kathy Jorrie said. Asked it was in any way relevant to his investigation into Dr. Murray, Det. Smith said,”None whatsoever.” Det. Smith agreed people with financial problems could follow the law.

    Panish, in re-direct, asked if contract between AEG and Murray drew his attention to the figure the doctor was going to be paid. Det. Smith said yes. He had serious concerns about that contract and Dr. Murray's financial issues. Det. Smith didn't know anything about how much money Kathy Jorrie had been paid by AEG. Panish asked, “You have no recollection whatsoever of Jorrie or Putnam saying it was a *potential* world tour?” Det. Smith answered, “No, sir.”

    Bina for AEG, in re-cross inquired, ”Does it matter to you it was Jackson was paying Dr. Murray?” Det. Smith responded, “ No, ma'am.” Det. Smith confirmed he was not investigating AEG Live. Bina asked,”It wasn't who was paying, just the amount?” Det. Smith replied,”Definitely the amount.” The interview with Kathy Jorrie was approximately an hour, Det. Smith said he was given copy of the contract.

    Witness was excused, judge adjourned court until 10am Thursday.

    Outside the presence of the jury, Brian Panish for the family said he wants to call Dr Metzger. Judge inquired extensively about what Dr. Metzger will say that it's new. She doesn't want cumulative testimony. Kevin Boylefor the family argued Dr. Metzger was to be called by AEG live. Marvin Putnam for AEG countered that they (the family) should've done it in their case in chief. Judge said she's willing to give Panish one hour to question Dr. Metzger, who will come as live witness.
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    Day 82 report by ABC7 News.

    Having seen his video deposition Dr. Allan Metzger was called as a rebuttal witness by the Jackson lawyers.
    Jackson's habit with pain meds was spotlighted in a video deposition presented by the AEG defense on Wednesday. Metzger said he heard Jackson "was doctor shopping and took pain medication that the average person wouldn't." He said he heard that from four sources, including Jackson's wife Debbie Rowe and two other doctors.

    On Thursday, Metzger testified that "doctor shopping" to him meant Jackson shopped for the best qualified doctors when he was traveling outside Los Angeles.
    Metzger testified that he advised Jackson two months before his death that use of the anaesthetic Propofol was potentially life-threatening.

    But Metzger said he couldn't remember a previous instance when he allegedly prescribed Propofol himself. Rowe testified that ... Metzger enlisted two doctors in Germany to administer Propofol to Jackson in a hotel room... The defense displayed a signed letter indicating Metzger ordered it.
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    Further report on Day 82 from New York Daily News, includes some photos of Jackson and Metzger together and recording of 'We Are The World'.
    His testimony struck an emotional chord in the five-week wrongful death trial against concert promoter AEG Live when the iconic video for “We Are The World” was played for jurors.

    “We kind of saved it,” Katherine Jackson’s lawyer, Deborah Chang, told the judge as she argued to have the video admitted.

    Katherine Jackson’s side called Metzger to elaborate on why he called Jackson a “doctor shopper” a half-dozen times during videotaped deposition testimony previously played for jurors.

    Metzger said Thursday that his characterization only meant Jackson had to “shop” for “quality” doctors for his family when he moved to new cities.

    He said he didn’t believe his friendship with the “Thriller” singer was dependent on his prescription pad.

    “Did you ever believe or suspect he sought pain killers for a high or sheer (pleasure)?” Chang asked Metzger.

    “No, Michael abhorred medicine and only used it when he was in pain. I don’t believe this was in any way a recreational phenomenon,” he said.

    Metzger’s testimony was scheduled to end Thursday, but it didn’t due in large part to a dispute over his relationship with Jackson’s famous sister Janet and prior reprimands by the Medical Board of California. The board rapped Metzger in 2000 for writing prescriptions for Janet Jackson using someone else’s name. The judge put Metzger’s history of reprimands off limits and had to strike some testimony when an AEG lawyer asked a related question.
    .
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    Day 82 19 Sep 2013 Jackson’s vs AEG Extracted from tweets by ABC7 Court News.

    Before the jury came in, the attorneys argued about the scope of Dr. Allan Metzger's testimony. Katherine Jackson is present with grandson (and bodyguard) Trent Jackson. Judge Yvette Palazuelos told the jury she's allowing Jacksons attorneys to reopen their case briefly.

    Plaintiffs called Dr. Allan Metzger. Attorney Deborah Chang did direct examination. He said he was traveling, returned 2-3 weeks ago. He gave his deposition in September of 2012, about 3 years after Michael Jackson died. He worked with Jackson for 25-30 years. The doctor explained he didn't have all the medical records when he gave deposition, they were spread around coroners & attorneys. When Chang asked if Dr. Metzger reviewed trial transcript of Debbie Rowe, AEG attorneys objected and asked for a sidebar. Side note: Dr. Metzger and Debbie Rowe have the same attorney, Eric George, the son of former California Chief of Justice Ronald George.

    Dr. Metzger treated other celebrities during his 46-year medical career. He said it's not unusual for them to use aliases. The doctor said he became very close to Michael Jackson. He started seeing him in 1983 for discoid lupus. After, there was the burn incident. "His pain became unbearable," he explained. Dr. Metzger's daughter was the first one to visit Neverland. She went as part of a charity organization visit, DreamStreet Foundation. The doctor said Neverland was a place of peace. He visited it 12-15 times, sometimes with friends, family, help feed the kids. Jackson supervised.

    Dr. Metzger said Jackson dealt with a lot of adversity with generally a positive attitude. "I don't know anyone can share his degree of charity," the doctor said. Dr. Metzger said sometimes Jackson would ask about a disease he wanted to know about, but generally didn't discuss with him the charities. Normally, Michael was very protective of his short films. But he trusted some people, and Dr. Metzger was one of them. Over the next several years, he had a terrible burn, issues with his back and neck, he said. The discoid lupus was very scary to him, Dr. Metzger said, and the burns came on top of the discoid. The discoid could travel from his scalp to his face, leading to disfigurement.

    Dr. Metzger said Lionel Richie approached Jackson and in one day he wrote "We Are The World" song. Richie did the music. "He and Lionel were able to get so many influential people for charity," Dr. Metzger said. Chang played part of "We Are The World" video clip, with major music stars singing it. The song raised money for humanitarian efforts.

    Dr. Metzger worked together with Dr. Klein, Sasaki and Hoefflin. Jackson's diseases were incurable (lupus and vitiligo). He said he did pre-operative examination before Jackson's surgeries. "I always liked to review what kind of medications he was taking to make sure there was no interaction," Dr. Metzger testified. The doctor agreed the first 10 years he saw Jackson were very difficult. Chang asked about Metzger's reference that Jackson was "doctor shopping." He explained it was a slang doctors used by the doctors who treated Jackson. When Jackson was out of the doctors presence, because he travelled so much, he would use hotel doctor. Jackson had to shop around in the city for quality physicians for himself and his children.

    Dr. Metzger said he was always involved in Jackson's medical care because he wanted to make sure Jackson was safe. "Michael was very private," Dr. Metzger opined. He said often he wanted to know about his medical care, but often didn't. "He'd rely on others and had faith in the medical profession," Dr. Metzger said. "He often bounced things off me." The doctor believed Jackson did not look for doctors to get drugs and strongly denied Jackson was his friend so he could get prescription drugs, ”Absolutely not! I never gave him Demerol or any hard narcotics.”

    Dr. Metzger stated, “I worked with Karen Faye, Debbie Rowe, Grace Rwamba. I was in touch, not as spies, but wanted to have fingers on the pulse of what was going on with my buddy.” On numerous occasions, Debbie Rowe would talk to Dr. Metzger when she thought other doctors were giving Jackson too many painkillers. He said he thinks it's because Rowe thought he could do something about it. The doctor said he saw Jackson groggy but said, "I did not ever see him intoxicated with too many pain medications." Dr. Metzger wasn't concerned about anaesthesia, he was always concerned about too many surgeries. Dr. Metzger agreed that Jackson needed the majority of the surgeries he underwent, especially after the burn.

    Dr. Metzger said he did several examinations of Michael for insurance prior to tours. During the Dangerous tour Dr. Metzger was informed Dr. Forecast would be taking over the medical role, and he would not be needed because of the distance. Dr. Metzger later got a call that there were a couple of issues related to dehydration and Dr. Forecast administering Demerol. That was the first time Metzger was aware of the sleep issue, didn't have problems on Bad tour, the doctor said. Asked if he tried to work with Dr. Forecast to resolve the issue, Dr. Metzger thought they had 2-3 discussions on how to lower the dose of Demerol. “I don't know if he didn't follow my recommendations or it didn't work,” the doctor said.

    Chang showed a photo of Dr. Metzger with Michael Jackson dressed as the white mayor from the short video “Ghost”. Dr. Metzger said Jackson loved going out incognito. The doctor said Jackson always had a message in his short film, that humans should be human beings to each other.
    Chang played clip of "Heal the World" film and "Earth Song." Dr. Metzger watched them with sombre face, shook his head to the beat at times. "It's hard to see that," Dr. Metzger expressed after the movies were played, somewhat emotional.

    Metzger said Jackson approached him to go on "HIStory" tour. He thought it would be fun, wanted doctor to be best man on his wedding to Debbie Rowe. Chang showed letter from Metzger to insurance company that he'd be accompanying Jackson, cast members and crew (180-190 people) on HIStory tour. “I basically asked for nothing (payment). I knew this would be an honour, would bill based on being needed,” said the doctor. He said he would've charged his normal house call rate, if they needed him during the tour. On the tour, his main responsibility was with Michael Jackson. He said he was never approached by a promoter/producer with a contract. Dr. Metzger said he never had the issue where he had to put Jackson in danger to continue the tour. "I never put in jeopardy his health for performance," he said.
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    Day 82 19 Sep 2013 (Part 2)

    Deborah Chang for the Jackson’s showed Murray's contract to Metzger and asked if he was ever given a contract that says doctor could be terminated by the producer. "I've never seen a document like this," Dr. Metzger said. He said he would've never signed a document that had that clause in it, it's a conflict of interest. Asked where would his allegiance fall, with the producer or patient, Dr. Metzger said “Of course the patient, regardless if it was Jackson or not.”

    Dr. Metzger said he knew Jackson was going to get married to Debbie Rowe during the HIStory tour. During the tour he found out Rowe was pregnant. The doctor said Jackson always wanted to be a father. Dr. Metzger said Jackson enjoyed very much being a father, the relationship was extremely loving, non fearful. The doctor said Jackson did a wise thing over the years of not exposing the faces of his children, so they could go out and not be recognised. "It was a beautiful, caring, solid relationship," Dr. Metzger explained.

    The doctor said he saw several Jackson shows, but nothing like what he saw in Sydney, Australia. Chang played snippet of the show. Dr. Metzger saw all the shows in Australia. He said Jackson would lose 7-8 pounds after each performance. In his deposition, Dr. Metzger said he didn't remember who Paul Gongaware was. He said he didn't have all his records with him. As the HIStory tour doctor, he was concerned with Jackson's sleeping disorder during the second leg of the tour. The doctor wrote a letter detailing a plan to help Jackson sleep. He said he sent a copy of it to the producer, Jackson, Karen Faye & Debbie Rowe. "I know that Michael can't sleep when he's creating, or after he was creating, he always wanted to make it better," Dr. Metzger recalled. The doctor said he didn't think there was a plan for Dangerous tour. He didn't think a good job was done then. Dangerous was cut short so Jackson could enter rehab. Dr. Metzger said Dr. Forecast gave Jackson too much Demerol. "I wanted to be proactive and ready," the doctor said about HIStory tour.

    In court Dr Metzger testified he sent a copy of the plan to Gongaware, as producer. "Michael Jackson was really tired and very frustrated, he felt he wasn't performing well," Dr. Metzger said about his sleepiness. Asked if in the 26 years the doctor worked with Jackson did he ever ask for Propofol before the HIStory tour Metzger said, “Those words were never said by Jackson.” Dr. Metzger also testified Jackson never asked him to find someone to infuse anaesthesia in him. When not under stress, the doctor said Jackson could sleep on Tylenol PM, which generally worked.

    Dr. Metzger said he had one phone conversation with Jackson in 2009 and visited him in April 2009. The doctor testified at that time, Jackson did not ask him for any narcotic or prescription drugs, nor did he ever seek painkillers to get high. Dr. Metzger said, “I don't believe this was in any way recreational.” Dr. Metzger said Jackson was more stressed when he saw him in April 2009 than during the phone call in Feb 2009. The doctor said the stress was related to "Can I do 50 shows?" Jackson indicated he could not sleep, the doctor said. "This time he was in a totally different place," Dr. Metzger said. The doctor told the jury he had free access to the house and the children. "I was ecstatic to see the children," the doctor said. He was allowed upstairs at Carolwood, did not see any locked doors, medical equipment or oxygen tanks.

    "I had a feeling that any IV given in a home is potentially precarious," Dr. Metzger explained. After leaving the house, Dr. Metzger said he called a few colleagues to see if there was any other medication or avenues to help Jackson sleep. He spoke with the head of anaesthesia at Cedars Sinai, since anaesthesiologists have to manage pain and sleep. "I needed advice getting him to sleep and I also asked about a doctor in London," Dr. Metzger explained. "I don't remember if I called back or just relayed the message I couldn't help," the doctor said “Basically he said any IV treatment is potentially dangerous, that he didn't know anyone who would administer IV anaesthesia.” One of the things discussed was Diprivan. April 18, 2009 was the last time Dr. Metzger saw Jackson alive. Chang showed Dr. Metzger the picture of Jackson during fitting on June 19, 2009, asked if Jackson looked like that the doctor said not at all. Asked if he would have been concerned Dr. Metzger said, “Oh yes, oh yes.”

    The court broke for lunch, during which the jury were given a security briefing for sequestration during deliberation.

    Outside the presence of the jury, Deborah Chang for the family argued she doesn't think it's appropriate for the court to sanction her for giving 38 pages of Debbie Rowe's testimony to Dr. Metzger to read. The Judge had ruled that non-retained expert witnesses should not be given copies of other witnesses' testimony. Chang argued, ”I don't think it was intentional violation of court's order. I believe we acted in good faith.” The Judge responded, ”The good faith exception, huh?” The Judge then precluded plaintiffs from asking anything related to the issue of German doctors and Propofol used to sleep. Jessica Stebbins Bina for AEG said, “He (Metzger) already testified without the taint of someone else's testimony. Even if she acted in good faith, it irreparably tainted his memory, she's asking for fair remedy here, which is keep this part out of Dr. Metzger's. Chang corrupted the witness by giving another witness' version of the events so he was able to tailor his answer according to hers.”

    Kathryn Cahan for AEG said the 38 pages of Rowe's testimony detailed the setup of the anaesthesiologist in Germany, logistic, what drugs have been provided. "There's no other way to fix this other than keep it out," Cahan urged the judge. Brian Panish for the family said, “What we did, show him the testimony, is appropriate. Non-retained experts can be refreshed.” Bina argued, “This is about refreshing his recollection with someone else's memory." To which Panish said, “Defense will argue Michael Jackson had long history of use of Propofol. The evidence here is that Propofol was used in connection with surgeries.” In response Bina said, “We can never get back what Dr. Metzger's memory actually was.” After which the Judge declared, ”Ok, I'm ready to rule. I'm excluding it.”
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    Day 82 19 Sep 2013 (Part 3)

    The Jurors returned to the court after lunch. Dr. Allan Metzger resumed testimony. Deborah Chang continued with her questioning, “Do you recall having a conversation with Paul Gongaware about Jackson's inability to sleep?” Dr. Metzger, “Yes, I do.” No further questions.

    Kathryn Cahan, for AEG, began the cross examination. Cahan inquired about the time of the deposition whether Dr. Metzger had Jackson's medical files. ”Some of my records were given to my attorney at the time, didn't keep medical records. There may be an insurance file and one major file,” the doctor said. His counsel did not give his medical record prior to his deposition. Dr. Metzger said that at the time of his deposition, he received a great amount of the file back, but it was out of order and missing pages. "I told the truth to the best of my ability," Dr. Metzger said about his deposition and his trial testimony. The doctor said he looked at some of Jackson's medical records over the past several days. "I did not look at 26 years of medical records."

    Dr. Metzger said he had, in bits and pieces, taken care of other Jackson's family members, including Jacksons's children. The doctor was very close to Jackson and moderately close to the children. In deposition Dr. Metzger's was asked, ”And it seems like you also had a very close relationship with Michael's children, correct?” to which he replied, “Yes.” Dr. Metzger told the court he had a moderately close relationship with the children in comparison with his relationship to Jackson. He said there were times the children went to his house for dinner, went to the movies.

    Dr. Metzger met Katherine Jackson many years ago, he said. He provided some medical care to her last Summer. He gave Mrs. Jackson advice about traveling because of her health. “I advised her to fly to Arizona for a concert. I do not know where she was in Arizona, I did not advise her to go to a spa. Janet and Randy asked me to evaluate her health," Dr. Metzger said. "I've previously taken care of Janet many years ago. I'm well acquainted with the immediate Jackson family and some other members," the doctor said. "I viewed Michael as a very good friend of mine and I think it was vice-versa," Dr. Metzger testified.

    Dr. Metzger said he spoke with Deborah Chang on the phone about 2 weeks ago and met her in person with his attorney 2-3 nights ago for an hour. The doctor said he was out of town from middle of July until mid-Aug. Early July he advised plaintiffs' counsel about his absence. Dr. Metzger first spoke with plaintiffs' attorneys about testifying back in April or May. He has been subpoenaed. Dr. Metzger said Chang told him she had an attorney to refer that she thought would suit his needs. She recommended Eric George.

    Cahan, “Did plaintiffs' counsel help you find an attorney?”
    Dr. Metzger, “ Yes.”
    Cahan, “Are plaintiffs' paying for your attorney in this case?”
    Dr. Metzger, “I believe so.”
    Cahan, “How much does he charge?”
    Dr. Metzger, “I don't know.”

    The doctor said he reached out to Debbie Rowe after seeing in the media that she testified in this case. He wanted to give her some support. At that time, Rowe also said Eric George was a good attorney. Cahan asked if the doctor is charging plaintiffs anything to be here today. Dr. Metzger replied, “I'll be sending a bill at the end of the trial. I believe it's reasonable for my time reviewing the records, giving deposition and testimony in this case.” The doctor said he's spent about 6 hours of his time. Cahan asked how much he charges and he said he was not comfortable disclosing his rate. Cahan asked the judge to order him to answer, which judge did. He said he charges approximately $1,000 an hour. "There were no negotiations, I basically said this is my fee and they said ok," Dr. Metzger explained. As to his attorney, Metzger said he knows there's an arrangement for payment by the plaintiffs and there's also an arrangement between the two.

    Asked if he has spoken with Jackson's family members about this lawsuit? Dr. Metzger said basically no, "My recollection I did not speak with any single member of the family about this lawsuit," Dr. Metzger testified. The doctor said his relationship with Michael Jackson was the closest he has ever had with any patient. He went to Neverland 12-15 times. He went to Jackson's Century City house, saw Jackson at Dr. Klein's house and office, saw him in New York, Australia and was best man of his wedding to Ms. Rowe. "He was both," Dr. Metzger said about Jackson being a friend and patient. "I always had his best interest at heart. I don't believe I ever crossed any ethical boundaries with Michael Jackson," Dr. Metzger said. The doctor said he understands the Hippocratic Oath to have his patients first, do no harm. “In my view, I always maintained proper boundaries. A lot of physicians would not socialize with patients. Michael Jackson was the most social I was with my patients.
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    Day 82 19 Sep 2013 (Part 4)

    Metzger said of Jackson, "He really didn't like taking medicine. I think he needed medicine because he had low pain threshold when undergoing surgery. He needed it, he didn't take it for joy." Dr. Metzger said he believes he never gave Jackson Demerol. "Absolutely not," he responded to the question. The doctor told the court, “At some juncture on that tour (Dangerous), I believe I arranged for Karen, Debbie or security team to bring some medicine to Michael Jackson.” He could not recall if that was in August 1993, he remembered sending some form of pain medication. Asked if he remembers sending some Demerol, Dr. Metzger answered, ”I don't personally believe I prescribed Michael Jackson Demerol. It could've come from Dr. Klein if it was in the package. I don't remember ever writing a prescription for Michael about Demerol."

    Dr. Metzger admitted he used Karen Faye's name to prescribe medicine for Jackson. "I've done it on rare occasions, almost exclusively for Michael and Janet," Dr. Metzger said. The doctor knew it was illegal but explained he did it to protect their anonymity. When Cahan asked if he had ever been reprimanded or disciplined for writing prescriptions in someone else's name Chang for the family asked for a sidebar.

    Outside the jury's presence there was discussion about Cahan asking if Metzger was reprimanded for writing prescription under other people's name. Jessica Stebbins Bina for AEG said,”Dr. Metzger pled no contest to a misdemeanor for misconduct. There's a petition for suspension of Dr. Metzger's medical license.” Bina argued the appropriate remedy should be to strike the question and bar the line of questioning. Cahan apologised saying she misunderstood the court order. She said she thought it had to do with other patients other than Michael and Katherine Jackson. Brian Panish for the family said, “She did it intentionally, was setting him up. It was a premeditated plan. It's not admissible, she severely prejudice this witness. Panish wants an admonition read and wants to be allowed to talk about the German doctors. Chang argued Cahan did it in bad faith. "The jury is left with the idea that he's a criminal, that he'd do anything for Michael Jackson," she said. "I honestly don't know what to do to fix it," Chang said. "I just want to throw myself on the floor and cry."

    The Judge will read an instruction to the jury that Cahan's question was improper and they should disregard it or anything implied by it. Judge admonished Cahan not to ask anything about it.


    Dr. Metzger said he travelled to Australia with Debbie Rowe, was there for about 2 weeks. This was HIStory tour. Dr Metzger never rejoined the tour after he came back to LA. "My schedule and Jackson particularly wanted me there for the wedding and Australia. He didn't need me and I didn't need to be there," he said. Dr. Metzger recalled treating Jackson for mild dehydration while in Australia. The doctor talked about the plan he wrote to help Jackson sleep. He said Jackson gave permission for him to share plan with Rowe, Faye and security guards. "Michael needed to be told what to do," Dr. Metzger said. The plan detailed what to do before flights and after performances. "He was uncomfortable and a little fearful of flying," Dr. Metzger explained.

    Cahan asked, “Did doctor shopping include Mr. Jackson segregating physicians?” Dr. Metzger testified, ”Often I'd not hear about other physicians. I'd hear from security or the ladies if it was serious. At times, I think he probably did keep things from me because he didn't want me to worry. I always asked him to go thru the hotel, because the hotel had responsibility to hire a competent physician.” Asked if Jackson wanted to keep information from one doctor to another so he could more or less do what he wanted? Dr. Metzger said, “No”. Cahan played video deposition in the insurance company lawsuit where Dr. Metzger said Jackson would segregate his doctors. Dr. Metzger on deposition, “I think he didn't want to appear he was doctor shopping.” Dr. Metzger said, “I think he didn't want one medical group to know about another medical group so he could, more or less, do what he wanted.”

    Judge adjourned the trial for the day, Dr. Metzger to resume testimony in the morning.


    PLAN AS OF NOW, ALL SUBJECT TO CHANGE: -

    Friday Witness done morning, arguments and motions in the afternoon.
    Monday Jury to be instructed.
    Tuesday Closing plaintiff
    Wednesday Closing defendant
    Thursday Rebuttal plaintiff
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    Day 83 the testimony ended with the last witness being Eric George the attorney for Dr. Allan Metzger who had previously worked for Debbie Rowe on the case. Report by Associated Press.
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    Day 83 report by ABC7 News.
    Attorneys for Katherine Jackson say that AEG Live knew or should have known that the star for the This Is It tour had a history of prescription drug dependency and should have monitored Conrad Murray, the physician who provided him nightly infusions of the anaesthetic Propofol.
    Attorneys for AEG say Jackson's longtime habit caught up with him.

    "Michael Jackson was a grown man who kept all of his addiction -- including his biggest addiction, propofol -- secret. Therefore, I think one has to look to personal responsibility here," said AEG attorney Marvin Putnam.

    The Jackson attorneys claim the agreement drawn up by AEG pressured Murray to do what Jackson wanted.
    "They are right. It is about responsibility. They just don't want to accept any," said Panish.

    AEG say they only facilitated what Jackson wanted.
    "AEG Live never hired Dr. Conrad Murray," said Putnam.

    Katherine Jackson had a victory on Friday, it was ruled she was financially dependent to at least some extent on her son for necessities of life, and is entitled to damages if jurors find AEG Live liable for her son's death.
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    Day 83 20 Sep 2013 Jackson’s vs AEG Extracted from tweets by ABC7 Court News.

    Katherine Jackson was present in the courtroom to watch the last day of testimony.

    Dr. Allan Metzger resumed his testimony. Kathryn Cahan, attorney from AEG, continued her cross examination. Cahan asked if the doctor met with Jacksons attorneys and other things he did last night to prepare for his testimony. "Tried to sleep and chilled out," Dr. Metzger responded. Dr. Metzger said he will bill the plaintiffs $1,000 an hour for testifying today. He'll bill 6 or 7 hours for the time on the stand yesterday. Cahan asked if Dr Metzger were to do this for 8 hours per day he'd make $240,000 a month. "I'd never do this 8 hours a day," he answered. The doctor said he retired earlier this year from seeing patients.

    Dr. Metzger said he told Jackson he wanted to have as much information as he could about his health wherever he was. Sometimes he got it, sometimes he didn't. The doctor discussed with Jackson his concerns about doctor shopping. Dr. Metzger said he explains to all of his patients he wants to know all the doctors they are seeing due to potential harm of medications. Cahan asked, “Regarding the risks of taking medication this way, was it your impression he didn't take you seriously?” Dr. Metzger answered, ”I believe he took it seriously, but I believe he forgot it at times since he was too busy.” Cahan played video deposition of Dr. Metzger where he said he was frustrated that other doctors were giving Jackson medication he didn't know. "I don't think he took it very seriously because he trusted doctors to take care of him," Dr. Metzger said in the deposition. "I think he really didn't take it seriously he could have a reaction from taking different medications," Dr. Metzger testified.

    Cahan asked, “You said Jackson took great joy in making it a secret to everybody and that it was part of his mystique, correct?” Metzger responded, ”It was part of his privacy, his mystique perhaps. There were concerns of Nichael Jackson seeing several doctors. I'd not call it doctor shopping.” Cahan played Metzger's video deposition where he said he heard concerns from Debbie Rowe, Karen Faye, StevenHoefflin & Arnie Klein that Michael was doctor shopping. "He took pain medication the average person wouldn't," Dr. Metzger testifies in his deposition. Metzger said privacy and secrecy played a role in Jackson's medical care. He didn't recall seeing pill bottles with doctor's name he didn't know. At times, Jackson was secretive about the doctors he was seeing, the medications he was taking and the procedures he was having, Dr. Metzger said.

    Dr. Metzger said he had no restrictions of where to go in Jackson's Carolwood home during the 18 April 2009 visit. Cahan played video of deposition where the doctor said he never went upstairs at Michael's house. But he said in court he went to the second floor's landing to get a cat and saw into all the rooms. Cahan asked which one was the truth, whether he went upstairs or not. Dr. Metzger said he did not go upstairs with Michael. “I went up to the landing where you could see the room where the kids said Michael was and the doors were wide open,” said Dr. Metzger. The doctor claimed he didn't see any medical equipment in Jackson's house. "He was certainly anxious and desperate over sleep," he said. Describing how Jackson looked on 18 April 2009 Dr. Metzger said, “He looked fit, he was bouncing, the same Michael I knew, lucid. There was no suggestion of medication I could detect." He said Michael was always trim and muscular. "He was ready to go, except worried about sleep," Dr. Metzger testified. "I think he was handling stress better than I thought he would" he said. "I've seeing him before other tours, he seemed more anxious. He seemed in charge and ready to go, he was excited, anxious."

    There were no further questions from defendants.

    In re-direct by Deborah Chang, Dr. Metzger said that on 18 April 2009 he was not aware of Jackson having any intravenous medication. Chang asked if on 18 April 2009 Jackson looked skeletal like the picture from 19 June 2009, "Absolutely did not look like that," he responded.

    Regarding Chang's recommending Eric George to be his attorney, Dr. Metzger said Chang was enthusiastic about him. In fact, he said, Chang didn't even recommend that the doctor talked to anyone else. Dr. Metzger and Chang met with George for about 1 hour. Chang asked, “Is it terrifying to testify in front of the entire world?” Metzger answered, “Yes. I wanted to make sure I knew how to answer properly about Michael Jackson.” Chang said she wanted to clear up that her firm is not paying Dr. Metzger's attorney Eric George. She asked if he had any reason to believe that was not true. He said no. Dr. Metzger said, “I have not received any bills from Eric George yet.”

    Dr. Metzger said $1,000 per hour is the standard rate he charges any attorney when he does depositions or testifies in court. Dr. Metzger charged AEG $9,000 for 9 hours of deposition in this case. He said he charged the same hourly rate for the Lloyds of London deposition. Asked if the rate was pretty standard for doctors, Dr. Metzge said, “It's standard in my office.” Dr. Metzger said the fee he charges does not influence his testimony in any way.

    The doctor said Paul Gongaware was the producer at Jackson's tour in Sydney, Australia. Chang asked, “Did you believe it was any secret in Australia that Michael could not sleep after the performances?” Dr. Metzger said, “No, I think everyone understood that. He was a perfectionist, Michael could not sleep after the shows.” Dr. Metzger opined, "Whatever he did it, no matter how magical it was, he wanted to make it more magical." The doctor said it was for the fans and for Jackson himself, he was a perfectionist. Chang asked, “When someone cannot sleep, does it make someone more anxious?” Dr. Metzger said, “Yes, and it lowers the pain threshold.”

    The Doctor was asked if during the Dangerous tour in 1993 if he came to learn that too many prescription drugs were given to Jackson, “Absolutely!” said Dr. Metzger. Regarding prescribing medication under Karen Faye's name, Dr. Metzger said it was Latisse for eyelashes, Rogaine and cold medicine. He said he never prescribed Demerol under Faye's name for Jackson, as to doctor shopping, Metzger said his concern about it was in the early 90's. "I'm not aware of any doctor shopping and use of drug that was not appropriate from 1995 and later," Dr. Metzger testified.
    Chang asked if Dr. Metzger had any proof Jackson was taking medications from different doctors. "The only proof I had was word of mouth," he answered. "Michael never told me about many doctors and many medications," Dr. Metzger testified. It was put to the doctor he didn't have any real evidence, Dr. Metzger said, “I did hear bits and pieces of medication being prescribed by other doctors in LA.” Dr. Metzger agreed he was Jackson’s long time doctor and friend for 26 years. "I was concerned about sleep issue and him being groggy," Dr. Metzger said.

    Dr Metzger testified he met Paul Gongaware on the HIStory tour. As to using intravenous medication to sleep, Dr. Metzger repeated he told Jackson it was dangerous and he should not do it. The doctor confirmed Paul Gongaware never offered to pay him $150,000 a month.
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