Digital Spy

Search Digital Spy
 

DS Forums

 
 

Michael Jackson's blanket of secrecy to be removed?


Reply
Thread Tools Search this Thread
Old 07-08-2013, 16:17
i4u
Forum Member
 
Join Date: Aug 2006
Posts: 22,635
Day 63 06 Aug 2013 (Part 2)

Dr. Murray provided a list of equipment he needed to Wooley, who in turn sent it to Jorrie. She asked Dr. Murray, why he needed a CPR machine, asked if O2 arena didn't have one, he said he wanted one at hand. He also told her it's customary. "Giving Michael's age, giving his age, and that he puts on a strenuous performance, he just didn't want to take a chance," Jorrie said. Jorrie recalled there was other equipment on the list, normally for dehydration purposes, contract said "producer to provide medical equipment portable CPR, saline, catheter, needles, gurney and other mutually approved equipment….”

Murray also let Jorrie know he was licensed to practice medicine in California, Nevada, Texas and Hawaii. Jorrie said she took the information she got from Dr. Murray, went online and checked it out. The attorney said she went to the Nevada Secretary of State to check if GCA Holdings, LLC was indeed a valid company. Jorrie testified GCA was a proper company and Dr. Murray was the manager of it. She added the address on the contract and Dr. Murray's title. Jorrie went on the Medical Board websites and checked his licenses in all. "There was no disciplinary action against Dr. Murray," Jorrie said. She checked in California, Nevada, Texas and Hawaii. Jorrie testified she did the medical license check on June 18, 2009.

She sent email to Wooley asking him to forward the contract to Murray. Jorrie said she also attached a comparison doc with redlines marking the changes she made for easier understanding. Jorrie explained it's her practice to save doc as "final pdf version." She said it is a personal indicator that the final version was sent. The attorney told the jury once the contract is fully executed, she saves it "fully executed."

Jorrie explained she had 3 drafts of Dr. Murray's agreement. Jorrie said Dr. Murray called her again on June 23, 2009 asking for some more changes.

Jorrie said she was asked by the general counsel to see if she could ask Dr. Murray for the medical history for insurance purposes. Jorrie emailed Murray believing Dr. Murray was Jackson's physician, as had told her he had been so for a period of time. Jorrie asked that if Dr. Murray was not the right doctor to provide records, if he could please direct her to the appropriate physician. The attorney said Dr. Murray told her he would help.

Jorrie spoke on the phone with Randy Phillips on 19 June, 2009 on an unrelated matter and Dr. Murray's subject came up. Jorrie testified she told Phillips Murray appeared to be very successful in his practice, may have told him about a million dollar a month. "I definitely told him he's very successful in his practice," Jorrie said. "I confirmed he was licensed to practice in 4 states."

First change was the effective date, from June to May 1, 2009, he said he was promised that when the agreement was signed. When Bina asked about payment provision, Panish objected to prevent Jorrie from expressing her opinion about the contract. Judge said, “I'm going to strike the entire testimony if she keeps interpreting the contract”. Jorrie continued, He wanted to extend, by about 5 months, his engagement. Jorrie asked if Jackson would be paying him even though the tour would be on break. He said yes. End date changed from Sept, 2009 to March, 2010

1- Scope of Services -- it had language saying perform services reasonably requested by "Producer."
Jorrie said provision 4.1 also says "Perform the Services reasonably requested by Producer." Jorrie testified ,”Murray said we need to change that to Artist, it's the artist who's my patient. I said absolutely right, the artist if your patient.” Jorrie said she didn't change it to Artist because Murray didn't draw her attention to that and she didn't remember that language was in there twice. Jorrie said if she had seen it, she would've changed it.


(The above tweets are not easy to follow, I assume these are changes made in previous drafts of the contract.)

On 23 June, 2009 Jorrie discussed with Dr. Murray getting Jackson’s medical history. Jorrie explained it was never her understanding that Jackson's medical records would have been sent to her but to insurance underwriter. On the same day she revised the agreement and emailed it to Dr. Murray saying: 'I have attached a clean pdf version, which is ready for execution.' Jorrie said she sent 3rd version of the draft to AEG Live. She didn't send it to Jackson or his reps, was not in communication with him about it. Late in the evening on 24 June Jorrie received a fax with document signed by Dr. Murray, she forwarded a copy of it to Mr. Trell. Jorrie said neither Michael Jackson nor AEG signed the contract.

Jorrie said she has negotiated with third party vendors before without showing the drafts to the artist. Jorrie explained, the reason being that attorneys for the artist would have the document exactly like they wanted. "Sometimes we enter in agreements the artists never see," Jorrie told the court. Jorrie said this is the first third-party vendor agreement she was involved with a medical doctor. Jorrie said she didn't talk to Murray about specific treatment he was giving to Jackson. "He didn't tell me anything he was doing to treat Jackson." Jorrie said Murray never ask you for payment.

Jorrie explained paragraph 4 of the contract, which detailed the responsibilities of GCA/Dr. Murray.
Jorrie testified she discussed with Dr. Murray the requirement for UK medical license either on 18 or 23 June. Jorrie said 3 July, 2009 was the date Dr. Murray was planning to go to London with Michael Jackson. On Dr. Murray's agreement, under the signatures, it is dated 24 June, 2009. Jorrie said she put that date since she thought the parties would've signed the contract that day. "I do not know if Michael Jackson would've signed the agreement," Jorrie testified. Regarding the reference that AEG hired doctor at request of Jackson, Jorrie said she never did this on any other agreement on behalf of AEG. "Because we're talking about Michael Jackson's physician," Jorrie explained.

Recap: June 15th -- first draft written, sent to Dr. Murray June 18th -- negotiation with Dr. Murray began, over the phone
June 19th -- checked medical license, business standing June 19th -- spoke with Phillips about it
June 23rd - Murray called asking additional changes June 23rd - third draft sent to Murray
June 24th - Murray signed it and faxed it back


Jorrie emailed Dr. Murray one more time after that related to the insurance for the tour.
i4u is offline   Reply With Quote
Please sign in or register to remove this advertisement.
Old 07-08-2013, 16:24
i4u
Forum Member
 
Join Date: Aug 2006
Posts: 22,635
Day 63 06 Aug 2013 (Part 3)

In cross examination, Brian Panish for the family asked if Jorrie is an independent witness. Jorrie said she didn't understand the question. Panish, “Are you being paid for the work you've done in this case?” Jorrie, “I'm not being paid as I sit here today.” Panish asked if her company has received millions and millions of dollar from AEG. She said since 2000, yes. Panish inquired if Jorrie is friends with Randy Phillips and Paul Gongaware. "I'd like to think all my clients are my friends, Mr. Panish," Jorrie explained. "They are business friends. I'm aware that Mr. Gongaware was sued one time, but I want to be absolutely certain," Jorrie said.

Panish, ”Professionals keep itemization of the work they do, don't they?” Jorrie said she keeps tabs of the work she does. Panish asked if Jorrie hires expert witnesses. She said yes. He inquired if professionals keep itemization. She said yes. Panish, “Have you ever paid an expert $700,000?” Jorrie, “I have not.”

Panish asked if Jorrie brought the contract she used as basis for drafting Dr. Murray's contract.
Jorrie said she has it in her office. Panish asked to see it, she said she can provide it, redacting the name of the third party. Jorrie charges AEG $595 per hour. She said she's not billing AEG for the testimony today. Panish wanted know how much has she billed AEG related to the "This Is It" project. Jolie said work started in October 2008, she asked if it included litigation. Panish said yes, he asked if more than 20 million, Jorrie said, “Of course not.” Panish then said 10 million, followed by 5 million, Jorrie answered no twice. Jorrie said she can have her accounting department put together a spreadsheet with all she has billed AEG. Panish wanted to know how many multi-million dollars has her company been paid? Jorrie said it could be over $5 million for that period of time (since 2000).

Panish said Paul Gongaware and John Meglen were sued for stealing the name Concerts West.
Bina for AEG objected, saying the lawsuit was dismissed and Panish was trying to tarnish Gongaware and Meglen's reputation. Judge, ” Was the case dismissed? Panish,”Yes.” Judge,”Then it's not stealing. Please refrain from using that word. Describe it accurately.”

Jorrie said it was not correct she knew Jackson was going on a 3-5 years worldwide tour. Marvin Putnam (AEG attorney) was present when the LAPD spoke to her at her office after Jackson’s death.
Jorrie denied telling the LAPD that Jackson was going on a world tour. Panish asked if Jorrie said European tour was just the beginning and Jackson would be making a worldwide tour, Jorrie testified, "That's not my statement and I don't recall that." She denied telling LAPD that Jackson was going on a worldwide tour after European leg was over. She also denied Mr. Putnam told LAPD Jackson was going to do a world tour for 3 to 5 years. Panish asked,”You denied making that statement?” Jorrie replied,”Yes. Not like that.” Panish asked if Detective Schmidt is called to testify and said Jorrie told him about Jackson going on a worldwide tour, if that's a lie. "He would've been mistaken, Mr. Panish," Jorrie said. "Because he misunderstood what I was saying about the tour." Jorrie said she did not bill for the time she testified at deposition.

Panish: Did you tell the police department Dr. Murray took in $12 million a year? "I said that he told me that his 4 medical practices brought in more than a million dollars a year," Jorrie said.
Panish: Did you say one million dollar a month?
Jorrie: Dr. Murray had 4 practices, I told one million dollars a year and they added up to 12 million.

(That last bit doesn’t appear to make sense, could be the way it’s been written on tweeter?)

And there the Judge adjourned session for another day.

Kath Jorrie will continue on Day 64, probably followed by the return of Kenny Ortega on Thursday & Friday, with Debbie Rowe next week.
i4u is offline   Reply With Quote
Old 07-08-2013, 17:44
i4u
Forum Member
 
Join Date: Aug 2006
Posts: 22,635
Where does Katherine Jackson get all the money from to pay for the trial.......and the lawyers?


Witnesses in the case are being paid huge sums to analyze the pop star's earning power, his health, his popularity, even his inability to get a good night's sleep.

Attorneys representing concert promoter AEG Live on the one side and Jackson's mother and his three children on the other have so far spent around $1 million just on experts.

Dr. Charles Czeisler, a Harvard University sleep expert, testified how propofol may have affected Jackson. He was paid $950 an hour.

"For $950 an hour, can you please keep your answers short?" said attorney Michael Koskoff, drawing laughter from jurors.
i4u is offline   Reply With Quote
Old 07-08-2013, 18:12
johartuk
Forum Member
 
Join Date: Jul 2007
Posts: 6,388
Good question. It must be costing an absolute fortune! I hope Katherine isn't using her grandchildren's inheritence to pay for all this because if she loses the case, she'll be liable for AEG's costs as well. It's a huge risk and one she shouldn't be taking with her grandchildrens' money!
johartuk is offline   Reply With Quote
Old 08-08-2013, 10:36
i4u
Forum Member
 
Join Date: Aug 2006
Posts: 22,635
Good question. It must be costing an absolute fortune! I hope Katherine isn't using her grandchildren's inheritence to pay for all this because if she loses the case, she'll be liable for AEG's costs as well. It's a huge risk and one she shouldn't be taking with her grandchildrens' money!
After her son died, grandma testified she was living on social security. Where were the loving extended family to help? When the Estate provided considerable sums for her and the children, she went back to court for more. I think Trent is now on the payroll and Hayvenhust is being modified.

I like the way her lawyers imply the other side are lying because they get paid. I guess the thought of getting billions of dollars never crossed the mind of her lawyers, maybe they are working for free.
i4u is offline   Reply With Quote
Old 08-08-2013, 10:37
i4u
Forum Member
 
Join Date: Aug 2006
Posts: 22,635
Day 64 07 Aug 2013 Jackson’s vs AEG summary extracted from tweets by ABC7 Court News

Kathy Jorrie was back on the stand for cross examination. Brian Panish, attorney for the Jacksons, doing the questioning. Jorrie brought copy of the contract she used as template to draft Dr. Conrad Murray's agreement. She also gathered an estimate AEG paid her law firm since 2000, covering 14 years of work. Panish asked if it was in excess of $7.2 million. Jorrie’s estimate was that her firm received a little over $ 7 million since 2000, which is about $500,000/year for services for AEG Live. Jorrie confirmed she probably negotiated 75 or more agreements with artists for AEG Live.

Asked if she was representing Michael Jackson when preparing Dr. Murray's contract, Jorrie said she was not. Jorrie was then question about her conversation with the LAPD, she was not represented by Marvin Putnam at the meeting, she was a witness and really didn't feel like she needed representation in that meeting. Jorrie met with LAPD twice in her office. Det Smith questioned her, Putnam and Deborah Brazil, one of the DAs prosecuting Murray, were present. Jorrie was reminded she said she never told LAPD that Jackson was engaged to go on worldwide tour. She was asked if reviewing LAPD's interview, Jorrie contacted Det. Smith to fix it. She said no, read it only months later.

Asked if AEG ever entered into a tour agreement with Michael Jackson that required him to do a world tour? Jorrie said, Yes. Jorrie explained some things had to happen before the world tour could take place. She said the world tour was contemplated, but it didn't mean it was going to happen. Jorrie explained that if the parties agreed, then the tour could go on beyond London.

Jorrie said Dr. Tohme was a manager for Michael Jackson during the time they negotiated the tour and continued until the time of death. Michael Jackson's contract with AEG was signed on Jan 26, 2009, at the time Jorrie had reservations about Dr. Tohme being the 'Real McCoy'. As a first step she googled Tohme and couldn't see he was a music manager. As an alternative Jorrie recommended that a background check be done on Tohme, to her knowledge a check carried out. Jorrie explained she recommended at minimum that someone meet with Jackson to make sure he understands he's entering into worldwide tour agreement.

Jorrie explained promoters and producers can and do negotiate third party vendors agreement as part of the business. The attorney said she was very much involved in drafting Michael Jackson's agreement with AEG. Panish informed the court Jorrie refused to have her deposition videotaped. Jorrie explained she was not properly notified about video deposition. According to Jorrie's deposition, Dennis Hawk, Tohme Tohme and Michael Jackson's company received a copy of Jackson contract with AEG.

Panish asked, “On January 28, Mr. Tohme approved the cost in excess of $7.5 million, correct?” Jorrie replied, “On January 28, Dr. Tohme had provided written approval that Jackson company had approved certain production costs. Jorrie said it's actually June 28, 2009, not January as she previously stated. As she was not privy to everything if anyone approved production costs in excess of $7.5 million that was in the contract. She could not recall ever seeing a written agreement for more than 31 shows as stated on the contract. Jorrie agreed the agreement specified the territory of the tour as the world and it stated the term was Dec 2011 or conclusion of world tour, whichever occur later. Panish asked, if under the contract, Michael Jackson was prohibited to tour except if done with AEG. Jorrie was not allowed to answer, since it calls to interpretation of the contract.

The matter of Tohme ceasing to be Jackson's manager was raised. Jorrie said to the best of her recollection, that issue came up after Mr. Jackson's passing. Howard Weitzman, attorney for Michael Jackson's Estate, told Jorrie about Tohme in connection with litigation several years ago. Frank DiLeo may also have told her, she said. Jorrie said she doesn't recall if Weitzman was the first person who told her about Dr. Tohme not representing Jackson at one point.

On June 28, 2009, there was a meeting at John Branca's office with all the higher ups for AEG and Jackson's representatives. Jorrie said it was correct on that day there was nothing in writing approving $34 million in expenses. Prior to the meeting she believed Dr. Tohme was an officer of Jackson's company, Paul Gongaware may have told her. During the meeting Tohme told Jorrie, personally, that he was an officer of Michael Jackson Company, LLC. Jorrie did not check if Dr. Tohme was an officer of Jackson's LLC, if she felt it was necessary she could have asked Jackson. Not once did Jorrie speak to Jackson.

Jorrie confirmed Michael Jackson signed the tour agreement on behalf of his company. Jackson’s attorney Dennis Hawk had informed Jorrie that Jackson was the sole officer and signatory of the company. Jorrie agreed that before Jackson’s death she had nothing in writing that Jackson was not the sole company officer. At the June 28 2009 meeting they were getting consent from Tohme that production expenses had been approved by Jackson's company, Jorrie was involved in drafting a consent agreement with Shawn Trell for Tohme to sign. That's why they had confirmation he was an agent. She is not sure if the word ‘consent’ was in the document. It was Jorries understanding there was $27 million production costs still outstanding.

Jorrie was shown a letter from Michael Jackson to Randy Phillips on April 22, 2009, terminating Dr. Tohme's representation as his manager. Jorrie said she does not recall seeing it. Letter from Concerts West to The Michael Jackson Company, LLC Jorrie helped draft, dated June 28, 2009.
1. I hereby confirm that Artistco (Jackson) approved the attached budget of expenses which includes Production Costs and Pool Expenses
3. The undersigned Dr. Tohme Tohme represents he's officer of Artistco, has full authority to act on behalf of Artistco/to sign this document
Jorrie repeated Tohme confirmed to her, at the meeting, that he was an officer of the company. She had seen no documents saying Tohme was an agent of Jackson's company. Jorrie did not discuss with John Branca, Jackson's attorney, about Tohme signing the doc or if Tohme was authorised to sign on behalf of Jackson’s company. Jorrie said she did not review the budget given to her by Paul Gongaware that was attached to the document. Panish asked if the budget included payment of $150k/month, times 2 months, for Murray. Since Jorrie testified she didn't read the document, there is no foundation for her to answer the question. Judge sustained the objection.

Jorrie confirmed she never looked at the attached budget. She had nothing in writing that said Tohme was an officer of Jackson's company and she had never seen a single piece of paper saying Tohme was not an office of the company. With that she stated, “Why would the Estate approve the expenses then, sir?” Panish argued Jorrie doesn't know what's on the budget, so how does she know the Estate paid what's requested. Jorrie said she knew Dr. Murray was not paid because he was not entitled to be paid. When Panish asked if Dr. Tohme was on the budget for $200,000, an Objection was sustained (since she had not read it.) Judge told Panish to move on or she will cease the examination. Panish asked if Mr. Trell ever told her about Jackson's termination of Tohme. Defendants objected again, based on attorney-client privilege. Judge sustained the objection.

The Judge ordered a break for lunch.
i4u is offline   Reply With Quote
Old 08-08-2013, 10:55
i4u
Forum Member
 
Join Date: Aug 2006
Posts: 22,635
Day 64 07 Aug 2013

The half-time entertainment

Outside the presence of the jury Judge Yvette Palazuelos had some words for the family’s attorney Brian Panish she warned him that he keeps invading attorney-client privilege. As to the budget the Judge said, “She keeps telling you she didn't review it. Any question about the budget is without foundation. I don't want to waste time with that, over and over. I know you understand the ruling, I assume you have nothing better to ask. If you don't move on I'll shut down the examination."

Panish explained what he was trying to do, that Jorrie volunteers and continue to volunteer what is not asked, almost more than any witness. He went on to say, “It's improper what she did, your honor. As member of the bar, she knew as of January that this person was not officer of the company. Nonetheless she, as concerned he was not the real McCoy, brought document to him with $34 million for him to sign off.”

Bina said it was done in good faith, Tohme told her he was an officer of the company. She said DiLeo also told Jorrie that Jackson approved the budget

Panish asked, “When she says my client told that, why can't I ask about communication about that?”

The Judge ordered Panish to move on or she will finish his examination.
i4u is offline   Reply With Quote
Old 08-08-2013, 18:36
i4u
Forum Member
 
Join Date: Aug 2006
Posts: 22,635
Day 64 07 Aug 2013 (Part 2)

After lunch, outside the presence of the jury, Panish told judge he's excluding anything that's potential violation of attorney-client privilege. Panish asked the judge to strike testimony of Jorrie when she issued opinion that the Estate didn't pay Murray because he wasn't entitled. Jacksons attorneys want the judge to tell the jurors to disregard it, since the implication is the Estate didn't recognize contract as valid.

Katherine Jackson is present in court.

Jorrie explained she doesn't recall working on agreements where AEG was both producer and promoter of the show. Jorrie said she never worked on a contract for a doctor to go on tour, except for Michael Jackson. Panish showed an email from Murray to Timm Wooley: [l] I am basically in agreement and reiterate that your memo is correct pursuant to our conversation of May 8, 2009 As for good faith with my client I'm sure that you are aware that my services are already fully engaged with Mr. Jackson.[/i] Jorrie said she doesn't recall receiving or seeing this email. Murray never told her he was meeting with AEG people regarding his contract. Wooley did not tell Jorrie that Dr. Murray's services were being rendered. Asked, ”Did you ever tell Dr. Murray he could not perform work without a fully executed contract?” Jorrie answered,”Of course not.”

Jorrie spoke with Murray about getting medical license to work in the UK. Brigitte Segal was looking for housing in London for him. It was anticipated the contract would be signed by July 3, 2009, they were undertaking acts that were spelled out in the contract. Jorrie was told Murray was the personal physician for 3 years. Jorrie said she took out paragraph 7 about Conflicts from the template contract. Panish asked, “Regarding pay, equipment, starting and ending date provided by Mr. Wooley and not Dr. Murray, correct?” Jorrie replied, “That's not right, Mr. Wooley didn't give me an ending date, for instance.”

Panish played video of Jorrie's testimony in Murray's trial. She said in latter part of May, Wooley advised her he needed contract prepared. May 1, 2009 is the commencement of the contract. Jorrie sent the contract to Dr. Murray on June 15, 6 weeks later. Asked if she ever testified that payments had been promised to Dr. Murray retroactively to May 1, Jorrie said, Yes, once the contract was signed. Panish played another part of Jorrie's testimony in the criminal trial. The District Attorney asked if irrespective of the contract becoming activated, Murray was contemplating compensation from a period retroactively to 1 May 2009. Jorrie answered, “ Yes Panish discussed paragraphs 3 and 4 of the contract, which spelled out the obligations for AEG and Dr. Murray.”

Jorrie agreed AEG could terminate Dr. Murray without the consent of Michael Jackson. Jorrie didn't find a website for Dr. Murray, she googled his name & the names of his two clinics. Murray said he had 4 medical practice, but Jorrie only find addresses for 2 clinics. Jorrie explained she looked up Dr. Murray's medical license and two clinics are named in Nevada & Texas. She assumed they were his companies. The attorney said she spent about 10 minutes researching Dr. Murray online, she doesn’t know if she charged AEG for the time. Asked if she sometimes you do freebies for AEG, she said, “Yes, for all my clients.” Jorrie uses Lexis for legal research, she did not checked how many judgments existed against Dr. Murray, Jorrie didn't check any pending lawsuits, litigation regarding child support or if Dr. Murray's properties were in foreclosure. Jorrie conceded she could've searched Dr. Murray in Lexis.

Jorrie confirmed she definitely said to Randy Phillips that Murray appears to be successful and have told Phillips about his practices making a million dollars a month. Panish put to Jorrie that she determined Dr. Murray was successful based on 2 clinics. Jorrie said, no, it was based on her conversation with him and verifying the fact that he was licensed to practice medicine in 4 states. Jorrie agreed her successful assessment was based on what Murray told her and googled him for 10 minutes, verified licences. Jorrie denied Dr. Murray would have to shut down his practice in order to work for Jackson. She agreed he could keep, sell or have someone else run his practices as to retain the $12 million/year revenue.

Jorrie never communicated with anyone representing Michael Jackson regarding Dr. Murray's contract. She did not send Jackson or his reps any draft of the agreement, but sent them to Shawn Trell at AEG. Dr. Murray called Jorrie on 23 June, 2009 and told her he spoke with Jackson about extending the end of the contract to March 2010. Dr. Murray would receive salary for the 3 months plus the tour was on a break. Jorrie did not check with anyone in Jackson's camp whether the artist had approved the extension of the contract. Jorrie sent the last version to Murray on June 23, 2009. All versions said 4.1- Perform the Services reasonably requested by Producer.

Jorrie's files: Murray Agreement 6-15-09 Revised MJ/AEG/GCA Holdings Agreement 6-18-09 Final MJ-AEG-GCA Holdings Agreement/Dr Murray 6-23-09

Panish concluded cross examination.
i4u is offline   Reply With Quote
Old 08-08-2013, 21:17
i4u
Forum Member
 
Join Date: Aug 2006
Posts: 22,635
Day 64 07 Aug 2013 (Part 3)

Jessica Stebbins Bina did the re-direct of Jorrie. Jorrie said the names of the files included all signatories of contract, "Because it was for Michael Jackson's physician," Jorrie explained. Jorrie said she values the relationship with AEG, but that does not prevent her from testifying in a truthful manner. Bina asked about the time Jorrie represented Gongaware and Meglen. She said it was a lawsuit filed by the children of Tom Hulett against AEG Live, Paul Gongaware and John Meglen. Panish's old firm represented the children, Jorrie said. It was a trademark infringement case. Jorrie said plaintiffs claimed they were using Concerts West name without permission. "We prevailed in all counts," Jorrie said,”My clients received the judgment. It was appealed and the judgment in favor of my clients was affirmed.”

"The tour agreement had a potential to be a world tour" Jorrie said. "In order for tour to continue beyond London, the parties had to agree, Michael Jackson could've chosen not to approve the itinerary," Jorrie said. She told LAPD detective that the agreement had potential to be extended to a world tour, based on mutually-approved itinerary. Bina asked about paragraph 11 of Jackson's contract, which talked about "Approvals." It says no party can withhold approval unreasonably. Contract Section 8.2 -- Production cost Initial production advance not to exceed $7.5 million. Jorrie explained, based on the contract, AEG was to recoup all costs incurred for production. Outstanding balance was Jackson's responsibility.

Jorrie said John Branca requested a meeting on June 28, 2009 to discuss several issues, among which how to unravel the tour. Branca was named executor of Jackson's estate, had to be approved by probate court.

At this point, the judge adjourned the trial.
i4u is offline   Reply With Quote
Old 09-08-2013, 03:34
scout2006
Forum Member
 
Join Date: Aug 2006
Posts: 5,419
Can I just say Thank You" for these updates. It can't be easy putting this together.
scout2006 is offline   Reply With Quote
Old 09-08-2013, 07:09
i4u
Forum Member
 
Join Date: Aug 2006
Posts: 22,635
Day 65, Kenny Ortega called as a witness by the Jackson family returned to complete his testimony, which was interrupted by work commitments.

Jurors heard the strongest statement yet to rebut the claim of Katherine Jackson that her son's tour producer, AEG Live, should be held liable for his death.

The questioning intensified after Kenny Ortega, the director for the "This is It" tour, answered a critical question from AEG attorney Marvin Putnam: Who was responsible for Michael Jackson's health?

Ortega replied, "Adults are responsible for their own health. I didn't think he was being very responsible. It was his responsibility, in my opinion."

About who hired the doctor, the defense showed the jury the differences between contracts -- how Ortega's company was hired only by AEG, and how Murray's contract was based on Jackson's approval.
The families attormey acknowledged Jackson's role, but said AEG wants to point the finger at Michael Jackson and Conrad Murray and they accept no responsibility.

It's reported Ortega kept his composure and was applauded by the jury at the end of his testimony.
i4u is offline   Reply With Quote
Old 09-08-2013, 07:33
i4u
Forum Member
 
Join Date: Aug 2006
Posts: 22,635
Judge indicates it may be sometime before the trial ends.

The judge in the Michael Jackson wrongful death lawsuit said Thursday that she doesn’t expect the case, now in its fourth month, to go to the jury before late September.

Superior Court Judge Yvette Palazuelos said she thought jurors needed an update on the case, which has moved slowly.

The judge gave jurors no explanation for the length of the trial.

“It is what it is,” she said.
My explanation would be the family attorney Brian Panish, how many times does he have to ask someone the same question, which is unrelated to whether AEG hired Murray.
i4u is offline   Reply With Quote
Old 09-08-2013, 09:50
i4u
Forum Member
 
Join Date: Aug 2006
Posts: 22,635
Day 65 08 Aug 2013 Jackson’s vs AEG

The Prequel

Judge Yvette Palazuelos advised jurors she had come up with a new time estimate for the trial. That the case will probably be submitted to the jury at the end of September. "It is what it is," judge said. Outside the presence of the jury, AEG attorney told the judge he will be done 1st week of September or so. Panish said he has 4 rebuttal witnesses.

The court will not be in session for a lot of days at the end of the month and into September, one jury member has already indicated they may not be able to continue beyond August.
i4u is offline   Reply With Quote
Old 09-08-2013, 11:04
johartuk
Forum Member
 
Join Date: Jul 2007
Posts: 6,388
Judge indicates it may be sometime before the trial ends.



My explanation would be the family attorney Brian Panish, how many times does he have to ask someone the same question, which is unrelated to whether AEG hired Murray.
Not to mention all the completely irrelevant testimony about what a wonderful person MJ was and how he loved his kids and his mum, visited children's hospitals, cured the sick, brokered world peace, solved the world hunger problem and saved the world's rainforests...all before lunch!
johartuk is offline   Reply With Quote
Old 09-08-2013, 18:14
i4u
Forum Member
 
Join Date: Aug 2006
Posts: 22,635
Day 65 08 Aug 2013 Jackson’s vs AEG Summary extracted from tweets by ABC7 Court News

Katherine and Trent Jackson were present in court.

Judge said they are bringing Kenny Ortega back on the stand out of order to finish his testimony.
Ortega is under cross examination by AEG's attorney Marvin Putnam. Ortega had professional engagement overseas, not available until today.

Putnam showed Ortega a "Certificate of Employment -- Loan-Out," which Ortega said it's certificate that he works for The K.O. Company, Inc. AEG Live had an agreement with K.O. Company for the services of Ortega. Ortega understood he was an employee of K.O. Company not AEG Live. "I was only contracted, and we were only focused, on the London tour at this time," Ortega explained.
Ortega's contract was executed on April 26, 2009. "I believe I was paid in advance of signing," Ortega said. In his deposition, Ortega was shown documents to refresh his recollection. Putnam showed him the same documents. Ortega looked at the document and said he was paid on May 11, 2009, which is after he signed his contract.

Ortega said he has put himself in the position of working prior to signing a contract. He agreed if agreement was not reached he could work and not get paid, he’s sure in his 40-something years in the business that has occurred. In Ortega's contract, there is a provision for bonus in case "This Is It" tour went around the world. "The shows were not booked or guaranteed," Ortega said. "That's what I think Michael hoped to do, but wasn't booked." Ortega understands in his contract he already had what his bonus would be, his contract does not have a signature line for Michael Jackson. Putnam read Murray's contract were it says it is is not valid unless Jackson consented to it and asked if Ortega has that in his contract. Ortega went thru all the pages of his contract and said: "I do not see that anywhere."

Ortega said although called a tour ‘This Is It’ it was 1 venue, more like an event. Ortega doesn’t remember who reached out to him, in his deposition for this trial and for Lloyds of London he said it was Dr. Tohme but at the criminal trial he said it was Paul Gongaware. Ortega said he didn't really know who Dr. Tohme was he said he called on behalf of Jackson. Ortega testified he never really fully understand Dr. Tohme's role related to Jackson. He thought he was a friend. Regardless of who contacted him first, Ortega said he was hired because Michael Jackson wanted him as director.

Ortega said AEG Live and Jackson were co-producers of the show. Ortega reported to Michael Jackson for the creative side of the tour and regarding budget/financial matters he reported to Paul Gongaware. Ortega explained he dealt with Gongaware regarding technical things, like moving dates to new rehearsal venue, delivery of stage parts, etc. Ortega would discuss with Michael about hiring someone and the director would go to Gongaware to get the contract drawn and the person hired. Ortega testified he and Jackson would talk about things and with Michael's blessing he’d go to Gongaware and say this is what they’d like. Ortega could not recall Gongaware denying anything, "He would just make it happen," Ortega said. Jackson had final creative say because he was brilliant, "At the end of the day, creatively, we trusted Michael knew what we needed," Ortega said.

Ortega said February, March and April Jackson was very involved in the creation of the show, would show up a lot, meaning 3-4 times a week. He said things changed as they were moving to the Forum, which was end of May. Ortega didn't think of Jackson as his boss, he thought of him as his partner. Jackson always had the final creative say in all the years they worked together. Ortega testified he felt AEG Live supported Jackson and he never saw AEG pressure Michael in any way. Ortega said he would ask Gongaware for more and more things to create the show. Gongaware never denied anything. Ortega said, “I think we were getting in a place where we had a ceiling, because we were already with a fat budget. But at the end, I believe they thought Michael had what he wanted.”

Ortega said he learned from Randy Phillips that Dr. Murray was responsible to get Jackson to rehearsals on 15 June, 2009. He explained he didn't think Phillips was involved as much in Jackson's scheduling, but was overseeing it. Ortega said he never spoke with Timm Wooley about scheduling.
Ortega testified he looked at Randy Phillips as Michael's promoter and producing partner. Ortega thinks they were trying to create a schedule to factor in all of Michael's needs (like family) and still could come to rehearsal.

Asked about 19 June 2009, Ortega said, "I'll always remember 19 June." Putnam asked if Ortega testified before he thought Jackson had a really bad case of flu. "I supposed I might have suggested it could look that way," Ortega said. "It would've been a really, really bad flu." Ortega agreed that throughout the night of 19 June Jackson got better, he was coherent, warmed up a bit, more engaged and calm. "I felt somewhat calm when we left," Ortega said. But he said he was still concerned, thus the email he sent, he thought Phillips and Gongaware should know. It never crossed Ortega’s mind it could be drugs he was thinking it was something else, emotional. He had never seen Jackson like that before.
i4u is offline   Reply With Quote
Old 09-08-2013, 19:38
i4u
Forum Member
 
Join Date: Aug 2006
Posts: 22,635
Day 65 08 Aug 2013 (Part 2)

Ortega then gave his account of the meeting that took place the next day at Carolwood. Ortega thought it was a responsible way to deal with the situation and pretty immediate after the fact. Ortega recalled, Dr. Murray told him to quit being an amateur doctor and that Jackson was physically fit to show, and to leave Jackson's health for him to take care of. Asked if Jackson assured him that he was fine, Ortega said he didn't feel assured. Jackson said to Ortega, ‘don't leave me, I'm gonna take the reins, you'll see I'm going to change this’. He seemed absolutely committed at that point. Murray started up saying Ortega had no right to not allow Michael to rehearse that night and no right to send him home. Ortega testified he said: 'Wait a minute, that's not at all what happened.' The director recalled Dr. Murray said Jackson told him that.

Ortega looked at Michael and asked him to tell what had happened, that he didn't forbid Michael of anything. Ortega said, at one point, Jackson told him he was going home, "I said yes, go home, tuck your children in, feel better." Ortega did think it was right Jackson didn't rehearse that night, he thought it was the right thing he went home. Ortega said Dr. Murray told him to be the director and to quit his concerns with Michael Jackson's health because it was not his job. Ortega said, “I'd like to think that Michael would not set me up that way, I'd like to think Dr. Murray misunderstood Michael.” Michael explained in the meeting that what Dr. Murray said was not what had occurred. Ortega believed Dr. Murray didn’t offer any explanation of what happened the night before.

Ortega told the court, “I worked with 10,000 people in the Olympics, how can I be responsible for everybody's health? Adults are responsible for their own health," Ortega opined. Asked if Jackson was being responsible with his own health, Ortega said, “I didn't think he was being very responsible, but it was his responsibility, in my opinion.” It was reported the Jurors were writing vigorously at this point and juror number 6 looked over at Katherine Jackson. Ortega said he wanted to take care of Michael, ”You want to take care of someone when something is not right, but you can't be responsible.”


Ortega never asked Jackson about his rehab stint or any drug use. Ortega had no reservation to work with him after rehab, "He was moving on with his life in a healthy way, hopefully." Ortega said. Ortega said he would talk to Jackson, as a performing artist, and ask if he was focusing on nourishment, health, warming up, stretching, sleeping. Jackson wasn't really fond of massage, Ortega said. "Don't forget to eat, get some rest," Ortega would tell Jackson. The singer would smile and answer "okay" in a very loving way. Ortega said Jackson liked to be in a certain kind of place (weight) to execute his moves and to get the look he wanted. "I might have been a little concerned (with his weight) when I brought that up, yes," Ortega testified. In the early years Jackson was light, lean performer, he was strong. But 20 years later, when Ortega worked with Jackson on "This Is It," the director said he was much different.

Ortega's first time working with Jackson was in the "Dangerous" tour. He said he may have been director of the project. It was in 1992-93. Ortega said he usually likes to stay in tour until everything is working to everybody's satisfaction. He said it may be 4-5 shows or 8-10. Ortega had no concerns Jackson might have been using drugs then. They never rehearsed at Jackson's ranch, but a stage in Los Angeles.

Ortega was called to help Jackson with the HBO special (Dec 1995). Ortega said Jackson seemed tired and unhappy, stressed. At no time did he think Jackson was using drugs. Ortega was present at Beacon Theatre when Jackson collapsed. He said security responded quickly, everybody stayed away to give paramedics room to work. Jackson was transported to the hospital. Ortega didn't go, because he said he wasn't invited. "Certainly concerned," though, he explained. "HIStory" tour rehearsal was done in Los Angeles, Ortega said. He didn’t recall having any concerns with Jackson's health or his mentally. Ortega said he had dinner with Jackson a couple of times, he looked fined.

The director described Jackson being very excited, even not knowing yet what "This Is It" was going to be, but feeling exhilarated. Ortega said Jackson was being approached by someone from American Idol, also Randy Phillips approached him, they wanted to do something with him. "I think sitting in a theatre for 5 years in Las Vegas wasn't really attractive to him," Ortega explained. "Michael wanted to get out on the road. I was happy for him, because he had been through so much, I wanted him to be the King again.” Ortega thinks the arrival of Jackson’s children in his life brought something he didn't have before. "He seemed exhilarated, excited, like the Michael I always knew," Ortega described. “He was unbelievable! His reasons for doing the tour were incredible. He was motivated.”

Ortega testified, on 23 June 2009 Jackson was in great spirits, ready to work, completely different.
Ortega said, “He seemed healthy, ready and happy, there didn't seem to be any left over issues from the 19th.” Ortega said Jackson was always a little chilled, but not like on the 19th. The director was surprised how quickly Jackson got better. "It was like metamorphosis," he said. Putnam asked if Ortega inquired of Jackson what had happened. "I didn't pry in his personal live," he replied. The rehearsal was great. It was one of the best rehearsals we had up until then. Jackson was there a number of hours, Ortega said. He went through a number of songs. Ortega agreed that Jackson had taken the reins. Ortega testified Jackson was in charge. Not only capable to do rehearsing but to talk about other aspects of production, like films, the effects, costumes. Ortega said he just embraced it and went with it. "We were all delighted" Ortega recalled. "The energy in the room changed, hope returned. Everybody felt there was a different Michael in the room.”

Ortega said Jackson was almost as good on June 24th as the 23rd. He seemed a little tired from the day before but talked about things for the show. Jackson also rehearsed and performed. Ortega said he was feeling they were back on track, believing they were in a new chapter. Ortega felt deeply grateful about Jackson's come back. "Maybe it was a lot of rest," Ortega opined. "He did seem rested, stronger." He had no concern on the 23rd or 24th Jackson was taking drugs. Ortega said excitement was pretty unanimous among all the people working on "This Is It."

That ended the cross examination by Marvin Putnam for AEG.
i4u is offline   Reply With Quote
Old 09-08-2013, 22:03
i4u
Forum Member
 
Join Date: Aug 2006
Posts: 22,635
Day 65 08 Aug 2013 (Part 3)

In re-direct, Brian Panish for the family asked, “Prior to June 23rd, you thought Michael got real organic sleep?” Ortega, “Yes.” Someone who wasn't sleeping might have been a factor in the symptoms Jackson had. Asked to assume Jackson was getting Propofol for 60 days then didn't have Propofol a few days before his death, Ortega said, “I assumed sleep had to be a part of it, he looked rested.” Ortega stated, it seemed like it was doctor related, so it wasn't like taking drugs but just being under the influence. Ortega had never heard of a producer involved in hiring a doctor for an artist. Ortega said he thinks it's unusual for producers to engage attorneys to hire a doctor for an artist. Ortega clarifies that the only artist, "the" artist, was Michael Jackson.

Panish asked if Jackson could've been fired by AEG. "No, he was a partner," Ortega responded. He said Michael told him that. Ortega was asked if the producer could fire him if they wanted, Ortega said he thinks Michael would not be happy with that. "I assume they could do that but I doubt it would last more than 24 hours." Ortega responded. Asked if he was ever involved in a show where promoter was buying CPR machine, saline, catheter, needles for a doctor? Ortega said, ‘No.’ He had not seen a CEO for promoter/producer involved in artist rehearsal attendance/schedule but had seen producers/promoters. He had not seen a situation where a CEO for promoter/producer set rehearse schedule with artist's doctor.

Panish asked, “Did you think you were not being demanding enough of Jackson's attendance and schedule?” Ortega replied, “No.” The email was shown from Woolley to Bob Taylor saying Randy Phillips and Dr. Murray were responsible for Jackson rehearsal and attendance schedule. "I recalled that Dr. Murray was going to be responsible for the schedule," Ortega said.

Ortega told the court that he thinks if done right, that Jackson would be the highest draw on the planet. Panish asked, “You don't think Celine Dion would be bigger?” Ortega replied, “I think the Stones come close, McCartney come close. But if Jackson was not the number one, he was very close. He sold 50 shows, pretty awesome, historical."

Ortega said he disagrees with anyone who says there's no way Jackson could've done 50 shows. Ortega had never had assistant producer say she was afraid an artist would die in weeks of a show and they actually did die. Ortega agreed Jackson being a perfectionist would be something that people would have called him, “Most of us have never seen anyone work as hard to accomplish something as Jackson.” Ortega didn't see Jackson at practice for a long period of time in June. "It was fairly obvious he was not moving forward in the rehearsals with this sort of tempo," Ortega testified. Ortega had concerns about Jackson’s physical condition on 14 June. He might have told someone Jackson should've been taken to the hospital. Panish asked, “Did you say that after Jackson died?“ Ortega replied, “No, I think I'd have said it sooner than that.” Ortega suggested another physician, not Murray, come to check Jackson out. Panish, “You didn't think Dr Murray was doing a good job?” Ortega,”No”.

Asked if he thinks Jackson was irresponsible. Ortega said it seemed to him that Jackson was in trouble. That Jackson was very cool, bold, strong in his ideas and what he wanted all through the beginning of the process. "Eventually he started to decline and disappear," Ortega recalled. Asked to assume that AEG Live hired Dr. Murray, Ortega agreed he would expect them to hire a fit and competent doctor, also he’d expect AEG to check them out, not being under conflict of interest situation.

Panish asked if Ortega was doing his job when he sent email with his concerns. "More than just doing my job, looking out for my friend", he said. Ortega said Dr. Murray did not have the same mindset as him in the 20 June meeting. Ortega agreed Phillips didn't do anything to stop Dr. Murray's admonishment of Ortega in the meeting. Ortega never heard that Phillips was grabbing Dr. Murray's arm. Panish asked if Ortega knew how much pressure AEG was putting Jackson and Dr. Murray on, he said no. Panish,”Did you hear Murray walked out and said he couldn't take this s**t anymore?” Ortega, “No, I never heard that.” Ortega then opined, “If Michael ever heard you talk like that it would not be appropriate. Isn't that right Mrs. Jackson?” Katherine Jackson nodded in agreement. "In respect of why we are all here for, that's not nice," Ortega said on the stand. Ortega said he never told Karen Faye Jackson had to face his fears; used the word tough love, may have said the show could be cancelled if not ready.

Marvin Putnam for AEG did re-cross. Ortega told the court,“Michael had not performed in 10 years. Whether he'd command the world like he had before remained to be seen. However, the sell out at the o2 for 50 shows showed he still had drawing power.” Ortega said he would not have used the word deteriorate to describe what he saw of Jackson over the weeks. The week of 15 June is when Ortega grew concerned with Michael Jackson. Ortega said nobody came up to him on the 23rd or 24th expressing concern about Jackson. They did on the 19th but not after Jackson came back on 23rd. It would not be surprising to Ortega that the Rolling Stones have a doctor on tour with them right now. He just don't know some of those things.

To Ortega’s knowledge he’d never worked on a tour where an artist was $400 million in debt, nor on a tour where the artist could not afford his daily expenses. It’s possible but he doesn’t know if he ever worked on a tour where the promoter/producer was advancing all daily expenses. Asked if he ever worked on a tour where artist was unable to pay his personal doctor, Ortega said, “ I don't think so, assumption on my part.”

Dr. Murray was introduced to Ortega by Michael, who said, “This is my doctor.” Ortega agreed it was a responsible thing to do if AEG checked if the doctor was licensed and if he had been disciplined. Asked if they weren't hiring Dr. Murray, would that responsibility be above and beyond anything they needed to do, in his mind? Ortega said he thinks that would've been responsible. Putnam, “Did Mr. Phillips ever tell you he wanted Jackson to come on tour?” Ortega, “No.” (World Tour?)

In re-re-direct Panish asked,” Would it be responsible to place a doctor in a conflict of interest had they hired him?” Ortega said, “In my opinion, no.”

Putnam in re-re-cross asked if it's common practice to check a doctor's credit report prior to hiring him. "I wouldn't think it would be something that would be the norm," Ortega responded. Putnam enquired, ”Do you think it's responsible for a studio to hire Kenny Ortega if he were in debt?” Ortega said, “I've been there and they hired me.” Putnam asked if being in debt diminishes your capability. "I don't think so, being in debt doesn't change your talent, your gift, your ability." Ortega responded,

Panish in re-re-re-direct asked, “Do you have access to a prescription pad?” Ortega, “No.”

Putnam and Panish apparaently took turns in asking out-of-the-ordinary questions regarding responsibility to Ortega. Jurors were laughing out loud with the exchange between the attorneys. The director kept his composure and responded to all questions.

Ortega was dismissed, subject to recall in AEG's case in chief.

When the director got up, all jurors clapped for him. He thanked the jurors, kissed Mrs. Jackson, shook hands with Shawn Trell and left.

Judge adjourned the session.
i4u is offline   Reply With Quote
Old 10-08-2013, 09:18
i4u
Forum Member
 
Join Date: Aug 2006
Posts: 22,635
Day 66 - Micheal Jackson's brother Randy testified on video that the family attempted numerous times to stop Michael taking prescription medications. He claimed Katherine was in denial and only went along once or twice.

Full report from Associated Press

A jury heard videotaped testimony Friday from Randy Jackson, who described more than half a dozen interventions his family attempted....

....they occasionally brought interventionist doctors to try to convince their brother to go into rehab. The superstar always refused.....

Randy Jackson says the interventions took place in various locations including New York, Las Vegas, Jackson's Neverland Ranch and Taiwan....

He said almost every time he tried to intercede it was after a call from a nanny (Grace Rwamba) who cared for Michael Jackson's children and told him the singer was over using prescription drugs....

He said he later fired the nanny after he encountered her at a pharmacy picking up prescriptions for the singer.
i4u is offline   Reply With Quote
Old 10-08-2013, 09:27
i4u
Forum Member
 
Join Date: Aug 2006
Posts: 22,635
Day 66 - ABC7's report on Randy Jackson's video testimony.

When Michael Jackson was living at Neverland Ranch, he was struggling with prescription medications and was in denial, according to his brother.

"He just said he's fine," Randy Jackson said in a video deposition. When asked if he thought his brother had a problem, he said, "Yes."

Randy Jackson said that in 2005, his brother was under the influence of something and collapsed. Randy said he called a doctor who was able to revive him.
Miriam Hernandez ABC7's reporter at the court house twittered that AEG claimed Randy didn't want to testify in person; the Jacksons say AEG didn't want him to come in person.
i4u is offline   Reply With Quote
Old 10-08-2013, 17:54
i4u
Forum Member
 
Join Date: Aug 2006
Posts: 22,635
Day 66 09 Aug 2013 Jackson’s vs AEG Summary extracted from tweets by ABC7 Court News

Katherine Jackson is not present in court today.

Kathy Jorrie is back on the stand. Jessica Stebbins Bina resumed re-direct examination. Bina showed Jorrie Jackson's contract. Paragraph 13: Artistco hereby represents/warrants that Artist does not possess any known health condition injuries or ailments that would reasonably be expected to interfere with Artist's first class performance. Lorrie confirmed it was signed by Michael Jackson. Jorrie said she never had any information that Jackson was not in good health or that he had drug problems or insomnia or sleep problems.

Jorrie confirmed she believed Tohme was an officer of Jackson company. Asked if Mr. Panish showed any documents that he was not an officer, Jorrie said, “He did not.” To Jorrie’s best recollection on she was informed Tohme was an officer of Jackson's company and Tohme himself represented to her he was an officer. The meeting on 28 Jun, 2009 was called by John Branca, co-executor of Jackson's Estate, co-executor John McClain was on the phone. Frank DiLeo and various AEG reps were also present and Tohme was there speaking about things having to do with Jackson. "Nobody challenged Dr. Tohme or his presence." Jorrie testified. Tohme signed the consent document. She said she has seen Frank DiLeo's signature as well approving the expenses.

Jorrie was aware that the Estate reimbursed some costs. She said it was correct Weitzman told her Tohme had been fired but nevertheless the Estate agreed to reimburse AEG for production costs. Woolley did not forward Jorrie an email saying Dr. Murray was fully engaged in Mr. Jackson's treatment in May. She was not surprised Dr. Murray was fully engaged and treating Jackson in May 2009, because Murray told her he was Jackson's personal physician for 3 years. Jorrie did not tell Dr. Murray to stop treating Jackson until they had an agreement, the reason is that Dr. Murray was Mr. Jackson's physician and it would not be her place to tell him not to provide services. Jorrie confirmed Murray did not need an agreement from AEG Live to perform services to his patients, including Michael Jackson.

Jorrie read paragraph 9 of the contract, "Artist Consent." It says that without the express written consent of Jackson the contract was not valid. Jorrie explained this is an independent contract agreement. Dr. Murray was Jackson's physician, retained to and in the expense of the artist. Asked, “You didn't put any provision for Dr. Murray to be supervised by AEG Live?” Jorrie responded,”Of course not.” Jorrie said there were no wording in the agreement that says Murray can only use medical equipment approved, bought by AEG, there was also no wording about Dr. Murray having to use only equipment provided by AEG to treat Michael Jackson. Murray never asked Jorrie for any equipment. Jorrie explained why she didn't check with Jackson or his reps Murray changing the contract, they were negotiating a contract to a place where Dr. Murray was happy with the agreement. She said it would then be presented to Jackson and his representatives for approval.
Jorrie never sent the signed agreement to Jackson because he had passed away.

Jorrie used as template an independent contract agreement used in the King Tut exhibition. There is no mention of artist consent in that contract, it was not a service to an artist. Jorrie said she took out the conflict provisions because they dealt with conflict of interest for the individual working for a competitor. She said that provision was no applicable to Murray. Jorrie understood Murray’s medical practice brought in a million dollars a month, from which he had to pay his expenses, nurses, medical equipment. From her conversation with Dr. Murray she did not understand he was going to close his medical practices to go on tour. Jorrie explained, Murray said he was leaving the practices, to go on tour, he never told her he was closing his practices. Jorrie said she found Dr. Murray was licensed to practice medicine in 4 states, no disciplinary action against him in any state. The clinics she found were in Nevada and Texas, Jorrie said. It was just spot check, she checked his medical licenses, there were no disciplinary actions, company was legit, everything matched. There were no red flags. Jorrie didn't think it was her place to check Michael Jackson's physician, who he had for many years.

Panish for the family then did re-cross of Jorrie. Jorrie said GCA Holdings was a legitimate company, its license had not been suspended. Panish again questioned Jorrie about her 10 minute research on Dr. Murray, wanting to know if she billed AEG or kept a time entry of the research. Jorrie said a red flag is when things come up that alerts her to evaluate further. She confirmed her search raised no red flags on Dr. Murray. She was checking to make sure the information Dr. Murray gave her was correct. Jorrie said she went on the Delaware Secretary of the State website to check Michael Jackson's company, she believes she has a copy of when she checked Jackson's company. Again she was asked if she billed her client for that work, she said she’d have to look at the time and see whether or not she billed them.

Jorrie never received any document from Shawn Trell stating anyone else was officer of Michael Jackson's company. Never contacted Delaware Secretary of State to see if Dr. Tohme was an officer of Jackson’s company. Did not contact John Branca, co-executor to be, to check if Dr. Tohme was an officer of Jackson’s company. Jorrie said Tohme did not sign the consent document in her presence, she gave him the document for review. Asked if she was aware Dr. Tohme was supposed to get paid $200,000 for signing the document and if she were aware the budget called to pay Dr. Murray $450,000, she said she was not aware. Jorrie said the budget had to be approved prior to any payment.

Jorrie said she saw Dr. Murray was licensed for cardiovascular something, he was also licensed in internal medicine. Panish asked, “Is your testimony that Dr. Murray was licensed in internal medicine and cardiovascular?” Jorrie replied, “It's my testimony under oath that's what I saw 4 years ago, yes.” Jorrie said she told Dr. Murray he would get paid once the contract was fully executed.
Jorrie sent all drafts of the contract to Trell and AEG, but never sent them to Michael Jackson or his representatives. This was the 1st time Jorrie negotiated a contract for an artist's physician. She never researched about third party contract for artist/doctor. Jorrie said she did not go out of her way to check Dr. Murray's credit report, debts, outstanding child support claims.

Panish asked if Jorrie was copied on any of the chain email "Trouble at the Front." She said she was not. Jorrie said the only medical check she's aware of that Michael Jackson underwent was for the insurance company. Jorrie said Howard Weitzman may have told her about the dispute in termination of Dr. Tohme.

In re-re-direct, Bina for AEG asked Jorrie why didn't she ask John Branca if Dr. Tohme was officer of the company? Jorrie explained Branca was a co-executor to be and she believed he would not know the answer. He had been Jackson's attorney for a week. She thought Dr. Tohme would be the most appropriate to ask whether he was an officer of Jackson's company or not. Regarding Murray’s contract she said, "I believe that there wasn't contractual conflict of interest." Jorrie explained Jackson’s and Dr. Murray's interests were aligned, to treat him and keep him healthy while performing at the O2 arena.

In re-re-cross, Panish asked if Jorrie has expertise in medical conflict of interest. She said she's not an expert in medical conflict. Jorrie said she read that Branca represented Jackson about 10 years before. Panish asked, “AEG didn't have to have a contract with Dr. Murray, right?” Jorrie responded, “It was an accommodation, sir.” Panish asked if there was anything preventing AEG from preparing the contract with Dr. Murray and giving it to Jackson. She said no.

In re-re-re-direct, Bina asked if Jackson specifically asked AEG to draft the contract for Dr. Murray and advance funds necessary? Jorrie said, “Yes.”

in re-re-re-cross, Panish rebutted by asking, “And AEG could've refused it, right?” Jorrie replied, “Yes.”

Jorrie was then excused. Judge broke session for lunch.
i4u is offline   Reply With Quote
Old 11-08-2013, 13:16
i4u
Forum Member
 
Join Date: Aug 2006
Posts: 22,635
Day 66 09 Aug 2013 (Part 2) Jackson’s vs AEG Summary extracted from tweets by ABC7 Court News

Be warned Randy Jackson’s testimony can be confusing.

The afternoon session ….Jessica Stebbins Bina said AEG is calling Randy Jackson via video deposition. The first deposition was on 6 Nov 2012.

Asked if he knew Grace Rwamba, Randy said yes and fired her too, because his brother Michael asked him to. The attorneys stipulated the firing occurred in 2004/2005. Randy said he and Michael were pretty close, since they were close in age. Randy said he doesn't remember when it was the last time he spoke with Jackson. He said Jackson was traveling. Randy could not remember if he called or saw Michael in 2009. Randy said Frank DiLeo was Jackson's manager. "From what I understand until my brother passed," he explained. There was a time he was the manager, then not manager, then manager again, Randy said.

Randy testified there were 3 or 4 times Michael didn’t want to see him, when Randy wanted to check Michael was ok. Randy remembered 3 interventions being attempted, in Vegas, then in NY then LA. Randy recalled around the time of the trial (molestation?) not sure if before or after, he received a from Grace Rwamba that Michael had been abusing prescription drugs. Randy, Jackie, Rebbie, maybe Janet and Marlon went to Vegas were Michael was staying. He and other siblings spoke to Grace may have been a conference call. Grace had called Randy 2 or 3 times before about Michael using prescription drugs, Randy said he confronted Michael every time Grace called him. Randy had believed Michael was abusing prescription drugs before.

Randy said security told him Michael didn't want to see him. The gate was open and he just drove in and walked in. Randy saw Michael and told him he was taking him to rehab, Michael said he was not going. Randy said the other siblings told Michael the same thing, to go to rehab. They were with Michael for 2 hours, he didn’t go to rehab. Michael did say whether or not he had a problem with prescription drugs at that time. Michael told Randy not to worry he was ok, he wasn’t going to go to rehab. At the time Michael seemed ok, but Randy left thinking his brother had a problem. Randy said that may have been the last time, they had a discussion. "It was just around the Santa Maria trial," Randy said. "It was after, I think."

Up until the time of his passing Randy said he never discussed it with Michael again, asked why not Randy said he hadn't gotten call from Grace or anyone. Randy said Leonard Rowe told him Michael may have a problem with prescription drugs. He guessed it was around time shows in London were being prepared. ”No, let me correct that. Initially we were playing on our tour, the brothers tour. There was concern then.” When Randy discussed it with his parents they were displeased with Michael not getting the help he needed, he doesn’t know if his parents talked to Michael.

Randy testified he and Janet had an experienced interventionist with them for the Vegas intervention, Randy knew the doctor was experienced because he told Randy he was. Randy couldn’t recall if it was Mr. Webb, they had not met before, maybe internet. There was a second guy present, arranged by Janet. Besides Michael, just security was present. They talked to Michael that the family loved him, wanted to help. Randy spoke to the doctors, he wanted to know just what they do and what is the procedure, what they suggest. Randy said he told the doctors there had been prior attempts to get Michael help and they weren't successful, needed professional help. Randy did not speak with the doctors again after that.

Randy believes the New York attempt happened prior to the Vegas time. He said he was worried about Michael, about "prescription abuse." Grace called him and said, "You need to get down here." She didn't need to say anything else. "Because, my brother," Randy explained. He called Janet, Rebbie and Tito, Randy went with them to New York intervention. It happened in early to mid 2000. Asked if Michael agreed to see him, Randy said, “I guess, I just walked in.” Randy attempted to take Michael to rehab but he wouldn't go. Randy doesn't remember whether Michael admitted or not abusing prescription drugs. Randy didn't tell the parents, he said he didn't want to stress them out. Randy called Grace. "She told me that he cleaned up." Asked how, Randy said, “Because I was there, probably.” Randy testified the brothers just talked to Michael to tell him his family loves him, concerned for him. Randy said Michael cleaned up after the Las Vegas intervention, learned it from Grace, pretty much Grace. Randy doesn't know how Michael cleaned up.

The intervention at the Neverland Ranch occurred after New York, again a call from Grace "You need to get down here." Randy told siblings, Rebbie, brothers, Janet. They had another conference call, the parents were not on the call. Randy thinks his mom found out about the Grace. He thinks his mom went with him this time, as did Janet, Rebbie, no Marlon, not sure LaToya, no Jermaine, Tito maybe, Jackie. Randy said he just walked in. One the brothers went over fence to open the gate, because security won't let them in, they don’t ask. Again Michael didn't want to go to rehab . The brothers stayed a few hours, it was just family, no doctors. Randy believed his brother had problem with prescription drugs. Michael denied he had a problem with prescription drugs, Randy and other family members didn't believe him. Randy said his mum didn’t believe Michael had a problem, "But it's my mom, she didn't want to believe it."

After the Las Vegas intervention, Randy said he watched Micahel clean up. He was around, it was around Santa Maria trial. "He just did it and got ready for the trial," Randy explained. Michael never discussed any drug problem with Randy ever. They were at the Ranch for 2/3 hours. Randy discussed with Michael the Ranch intervention after. "I told him I wanted him to go to the therapist with me," Randy described. He said this was after Santa Maria trial, which took over things. Randy said he went to visit Frank DiLeo in the hospital after he was in a coma. He knew DiLeo for 20-30 years. Randy learned DiLeo came back as Jackson's while the O2 show was being put together. Randy described DiLeo as a good manager.

Michael did talk to Randy about his burned scalp, said it was painful. "I went to visit him at the hospital," Randy said. He never discussed with Michael insomnia, sleeping problems. Randy did not know about Michael was taking anaesthesiologists on tour. Randy said he never saw Michael take prescription drugs or illegal drugs. He never heard of propofol or diprivan prior to Michael's death. Michael never discuss taking medication to sleep, Randy never got a call about illegal drugs.

To be continued....
i4u is offline   Reply With Quote
Old 11-08-2013, 16:22
i4u
Forum Member
 
Join Date: Aug 2006
Posts: 22,635
Day 66 09 Aug 2013 (Part 3) Jackson’s vs AEG

Randy testified the first time he believed Michael had a problem with prescription drugs was in Los Angeles around the year 2000. Grace called him and told him she was concerned Michael was using prescription medication too much. Randy said the medicine was sedatives. Randy didn't talk to Michael about it at this point. He talked to Rebbie, was investigating, talked to people around Michael. Randy recalled calling a doctor in Vegas and a doctor in Florida, but they wouldn't talk to him about it. Randy said he forgot the doctors' names. He talked to doctor friends he knew about his concerns of Michael's prescription drug abuse.

Randy didn’t know if Michael was addicted, he wasn't clear on it. “Just excessive use, maybe, I don't know if I would call that an addict, I'm not a doctor.” said Randy. Michael never told Randy he had a problem with prescription drugs. Randy did discuss with his mother that he believed his brother had a problem with prescription drugs. That was after the second attempted intervention at Neverland, Randy testified, which was the same as the one his mother attended. Randy said he had a phone call with his mother, he initiated the conversation. "I told her that we need to plan an intervention and that, her being a mother, because she was there." Katherine never told Randy she believed Michael had a problem with prescription drugs.

Randy said he and his father tried to call Michael while he lived at Carolwood. "We were unsuccessful," he said, “There was a drug issue. He wasn't eating. All of these things were happening at the same time. And, you know, a lot of pressure. Leonard Rowe was involved very much in the shows and was giving reports to me that he didn't look too good.” Randy said they were concerned about prescription abuse around the time Jackson was living at the Carolwood house. Randy had already selected a rehab facility to take Jackson. It was in the Bay area, San Francisco. The same place were interventionist worked. Randy said his brother didn't drink. From 2000 there were periods when Randy believed his brother didn't have a problem with prescription drugs.

Second part of the deposition was taped on March 26, 2013.

Randy said Michael enjoyed touring. Asked why he said that, Randy explained, “ Well, because we like to tour, perform.” Randy saw no signs Michael was on prescription medication on tour. Other than the times Randy described in the last deposition, he said he saw signs Michael was on prescription medications at home. This was in 2005 at the Shadow Wood home in Beverly Hills. Grace, Michael’s nanny, would tell him all the time, "You need to get over here. Something's not right.” Grace called Randy again to come over. "She needed help with him. He wasn't doing so well."

Randy testified when he got there Michael was certainly under the influence of something that was altering his normal way of functioning, his speech was slurred. Randy said of Grace,"It was ironic because she was giving it to him but complaining about it." Randy said some prescription drugs were in Grace's name. "It was upsetting to me. I think she had a hard time saying no to him." Randy testified he made Grace show where everything was, he didn’t want to leave stuff there. Randy said he could talk to Michael but he'd wait till his brother would be a bit more in tune. Michael did not specifically say what he was taking.

Whilst Randy was downstairs having something eat people ran downstairs and said Michael had collapsed, Randy went upstairs, picked Michael up and put him on the bed, it was pretty late. Randy called his own doctor who lived literally around the corner. The doctor came over and took care of Michael, said he'll be ok. Randy testified the doctor gave Michael something that would help counter whatever it was he had done. The doctor advised to let Micahel rest it off, somebody should sleep next to him, make sure he doesn't vomit or choke. Randy instructed one of the Cascios to sleep next to Jackson. He stayed overnight as well. Next day Randy asked Michael if he remembered what happened. He said Michael replied "no, no, but I heard." Randy testified, "He said he took it to help him sleep, and he said it was a mistake and that he was sorry about it. I was just kind of taken aback by it, maybe." Randy did have concerns about Michael at that point.

Randy said he staged several interventions and set up, tried to get Michael help many times. Randy confirmed Grace would call but was getting Michael medication, a few times Randy would meet her at the pharmacy. Randy said there may have been 4 or 5 interventions at Neverland, it was around 2004-05, or 2005-06. Randy said he was spending a lot of time with Michael, so he kind of got close look at what was going on. Randy wrote letters to his family about Michael's problem and that they had to do something to help. He said he made sure everybody knew it, including his mother. “He's an addict, and at this point, addicts aren't so responsible for what they do. So this is where the family needs to step in and do something about it because their desire becomes physical.” He wrote the letter down on paper and had assistant copy it. He said not everybody in his family looks at email. Asked if he got responses, Randy said, “I think everyone was in shock, maybe a little denial. I always got responses, my dad, Rebbie and Janet, always. My mom no. As a mom, I guess maybe it was hard for her, you know, for a mother to see that.”

Last part to come....
i4u is offline   Reply With Quote
Old 11-08-2013, 17:24
Keyser Soze
Forum Member
 
Join Date: Mar 2005
Posts: 16,108
So it turns out Michael wasn't the only strange one in the family. Who knew?
Keyser Soze is offline   Reply With Quote
Old 12-08-2013, 09:11
i4u
Forum Member
 
Join Date: Aug 2006
Posts: 22,635
Day 66 09 Aug 2013 (Part 4) Jackson’s vs AEG

The 4-5 interventions at Neverland were between 2004-2006. "One of them included my mom," Randy said. Rebbie and Janet went on all of them, except one or two. Randy was asked to describe the 3-4 additional interventions, “First one at Neverland, not the one that Katherine was present. Janet, myself, Rebbie. Maybe my mom was at that one. I think my mom was there.” Katherine was at one intervention only, Randy said. "That must've been the first one, around 2002-2003, at Neverland. Randy said Rebbie and Janet were always supportive, always with him. "My dad also."
Asked what happened when he arrived at Neverland, Randy said, “I think that time he wasn't there.
Randy didn't speak with Michael that day.” He said people would tip Michael off.

After Vegas, there were no more interventions, Randy said. "I tried to get him help but I couldn't get as many people to stage intervention." Randy tried to jump the gate a few times. "My dad and I tried a few times to get him help." Shadow Wood home was 50-thousand square feet. Randy said he hated it, it was just too big. Randy stated Michael wouldn't want to really be around his family too much, Randy thinks because he didn't want the family to see him that way, especially Randy. “When I was helping with the situation in Santa Maria I was able to make it stop. I fired Grace, stopped it from coming in.” said Randy.

Michael really enjoyed being around his children. He would cook for them. "He was in a great place," Randy said. "Then Grace came back around and he started using it again. I was very pissed off about it." Randy said he started right before Santa Maria trial but he got Michael clean. Randy told Rebbie, "Don't leave his side" because he didn't trust Grace. Randy fired Grace again, he noticed when she was around there was a pattern. Whenever she was around, Michael was wasted. So he fired her again. Asked if all of the interventions were before the Santa Maria trial, Randy said there was one after, the Vegas was after.

Randy told of a People Magazine article coming out talking about Michael’s drug use, Grace told him that Randy was behind the article. “Grace and actually Raymone Bain because I fired them both. I fired them both that's probably why they said it," Randy opined. "It had nothing to do with me." Randy said Michael got people in his family to sign a letter that was on People Magazine saying he never used drugs, "I was really disturbed by that." Randy said he wasn't behind the article, but didn't sign the letter. Janet, Rebbie and his dad didn't sign it either. The letter was Michael's idea, Randy said. Katherine, LaToya, all of Randy’s brothers signed the letter. Randy said, “My mom, you know, she would never want to believe it. She's a mom, you know. I felt bad for my her.” Asked if Katherine
ever believed Michael had a problem, Randy replied, “Yeah, but I think she was in denial, she didn't want to believe it.”

Michael didn't want to talk to Randy too much. “Because maybe I wasn't afraid to say no to him. He would get physical with me, I wouldn't be afraid to say no. But he was 90 pounds, it wouldn't do much,” Randy testified. Michael was really scared before the Santa Maria trial and somehow Grace was able to get him something. Michael didn't want to go to court. He didn't show up to court, and Randy was freaking out because it was on the news. Randy went to the hospital, Michael said, "I don't know what you're thinking. I'm not walking into that courtroom so don't even think about it Randy.” Randy said to Michael, “Okay, but you are going to court." Michael goes "No, I'm not."

Randy testified Michael was not in hospital because of drug use, he was there because he didn't want to go to court. Randy said that when Grace was around Michael, he was under some kind of influence. "But we had him go to court and had the doctor with him." Randy later found out Grace had gotten Michael a patch. Randy was livid, he doesn't know what kind of patch it was. He said Michael had slurry speech. "He was really frightened to go to that courtroom."

According to Randy his brother didn't know who to trust, because people around him were lying to him, telling him things just to secure their positions. Those were the only two times Randy saw Michael under the influence. "I'd get calls from Grace all the time," he said. Randy said the last time Grace called was a long time ago. "I made my presence known, there wasn't lot more. She didn't need to call." Randy said Michael was doing good in Ireland from what he recalls, around 06-7, 07-08. Randy said Michael had no issues sleeping that he knew of. Randy and his dad tried to get into the house at Carolwood. The security guard wouldn't let him through, his brother didn't want him to see him like ‘that’. Randy was told Michael was not there. After being turned away, Randy would then go home. After that he and his father took no other action.

There was another intervention, Michael was doing shows in Taiwan, Randy went with Rebbie and some family members. Randy said what spurred him to go to Taiwan was the fact that Michael needed help, he was far away, we said we need to go. They had heard things, that's why they were there. Randy said in Taiwan they visited him, gave him family love, wanted to make him feel comforted so he wouldn't think about doing those things. Michael seemed to be using drugs, his speech was slurred, but nothing terrible. That was probably the first intervention, Randy said. Michael would isolate himself. Randy confirmed Michael was isolating himself for parts of the 5 years before his death. Asked if he spoke regularly with Michael, Randy said he doesn’t talk to anyone in his family regularly. "Sometimes he would isolate himself because he didn't want people to hear his voice" Randy said, because he might be using drugs.

”After Michael died, everyone was shocked. I was really displeased with all the stuff that was going on in court with Branca, Weitzman. We were still trying to figure out how to grieve, and these people are in court, and the Will, and this nonsense. I haven't even buried my brother yet." Randy said. He pushed everything to the side and was getting together the memorial for Michael and did it with AEG, Kenny Ortega and those guys. Randy was asked, “Did you have a positive experience with AEG?” He replied, “Horrible! (laughs) No, I'm just joking. They were nice. They were very nice.” Randy doesn’t remember telling Randy Phillips that he sees that Michael was fortunate to have AEG involved in his return to the stage, but that doesn't mean he didn't say it. Randy kind of felt that way at the time.

That was the end of Randy's deposition. Court was adjourned.
i4u is offline   Reply With Quote
Old 12-08-2013, 14:23
i4u
Forum Member
 
Join Date: Aug 2006
Posts: 22,635
So the week started with Jackson's head of security saying there were incidents but rare, and ended with Randy claiming there were numerous incidents in the same period of time and trashing his mother's evidence.

Eric Briggs I think demolished Arthur Erks figures, and for the Jackson family to nit pick the over the source of the figures, when their own man relied on Wikipedia...was amusing.

Did the jury believe Kathy Jorrie that the draft agreement having 'producer' instead of 'artist' was a mistake? The argument over drafts being shown to Jackson's reps seemed a false one, Jackson & his people had the final say, Murray's contract was the only requiring Jackson's signature. Could the jury decide although there was no written agreement there was a verbal one.

Did Kenny Ortega do enough to persuade the jury Katherine's claim was futile, he said Gongaware & Phillips did not put pressure on Jackson, they supported Jackson in his efforts for the shows. Or will the jury out of sympathy for a mother who's lost her son go against corporate AEG Live but limit the damages?
i4u is offline   Reply With Quote
 
Reply



Thread Tools Search this Thread
Search this Thread:

Advanced Search

 
Forum Jump


All times are GMT +1. The time now is 04:28.