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Prosecutor Wanted Katherine Jackson To Seek Restitution From Michael Jackson Death Doc

Staatsanwalt wollte, dass Katherine Jackson Restitution (Schadensersatz/ Entschädigung) von Michael Jacksons Todesarzt anstrebt

Posted on Jul 7, 2013 @ 8:21AM | By Jen Heger

Katherine Jackson was “implored” by the Deputy D.A. who successfully put Conrad Murray behind bars to seek restitution from the disgraced former physician, RadarOnline.com is exclusively reporting.

Michael Jackson’s mother refused to pursue that option though, because her attorneys in her wrongful death action against AEG Live convinced her it would jeopardize their case, a source close to the Jackson matriarch tells us.

Even though Murray was broke at the time of his conviction, former Deputy D.A. David Walgren “implored Katherine to seek restitution, mainly, to prevent him from profiting off of her son’s death in the future, the source explains.

“Murray had already been paid for an in-depth interview that he did before being convicted, during the trial. The D.A. knew that Murray would absolutely try to make money off Michael in the future, like he did with the recording of Michael seemingly slurring his speech on his iphone that was played during the trial for jurors,” the source says.

However, in a stunning development during the scheduled restitution hearing after Murray was convicted, Walgren announced to Judge Michael Pastor that Katherine didn’t wish to pursue it.

“It absolutely gutted the D.A. because he wanted Murray to be held accountable once he was released from jail. Murray has never accepted any responsibility for Michael’s death, and blames everyone but himself,” the source says.

If Katherine Jackson had sought restitution, “Judge Pastor certainly would have been inclined to give it to her. Neither Murray, nor his associates would have been able to profit from voice mail messages, future interviews, book deals, etc., because all of that money would go directly to Katherine,” the source explains.

http://radaronline.com/exclusives/2013/07/conrad-murray-prosecutor-wanted-katherine-jackson-to-seek-restitution/

Anthony McCartney ‏@mccartneyAP 5m
The video is being finalized right now, so jury should be brought in soon. I’ll have updates later this morning.
7:22 PM - 8 Jul 13

Anthony McCartney ‏@mccartneyAP 5m
Court will begin this morning with plaintiffs playing the deposition video of Dr. Stuart Finkelstein.

Anthony McCartney ‏@mccartneyAP 5m
We’re back in session in Jackson vs. AEG Live. Katherine, Rebbie and Trent Jackson are all in court this morning.
7:21 PM - 8 Jul 13

Quelle: MJJC ~ Eintrag #44 ~ User: Ivy
http://www.mjjcommunity.com/forum/threads/129265-Katherine-Jackson-vs-AEG-Live-Daily-Trial-Testimony-Summary/page3



Jacksons vs AEG - Day 42 – July 2 2013 – Summary

Katherine Jackson is in court.

Testimony was delayed by a lengthy argument over an EEOC printout that was shown in court yesterday. Plaintiff’s attorney Brian Panish argued the document was a non-binding policy and shouldn’t be raised during trial. Judge Yvette Palazuelos said questions about the document could be asked, but it wouldn’t be allowed into evidence. Panish was also concerned because Palazuelos told the jury the guidance against employment-related credit checks was a law, which isn’t. She’s having the attorneys craft a statement to read to the jury when they come in and HR expert Jean Seawright resumes testifying. (AP)

Outside presence of the jury, attorneys/judge discussed the Equal Employment Opportunity Commission (EEOC) document shown to jurors yesterday. Panish: They don’t consider credit checks to be a prohibited practice at all. This is a lawyer making misleading statements, hearsay. Panish: She says “it is a law," it is an official policy. It is not an official policy. It is a guideline at the most. Panish said EEOC guidelines are not controlling law. "This is not a law. If the court is confused, the jury is going to be confused." It is a guideline that has been revoked in a court case, Panish told the judge. Bina said it was DMV photos that were assessed in that case, not EEOC policy that failed in that case. Panish raised his voice, said AEG never claimed this (credit check may be discrimination,) it has never been raised before. "You yourself were misled, your honor, over my objections," Panish said. Bina said she plans to say credit checks are controversial, must be job related. Companies might use care in using credit checks. Panish: Trell never mentioned an EEOC concern. This is not a law or regulation. The document wasn’t raised in deposition with Seawright. Judge told the attorneys to put their heads together and she will read an explanation to the jury. (ABC7)


Jean Seawright Testimony


AEG cross

Before Seawright resumed testifying, the judge read a statement telling jury that the EEO document wasn’t a law. Judge Palazuelos’ statement included language that she would instruct jurors’ on evidence once testimony concludes in the case. (AP) Judge told jurors that yesterday there were references made to an EEOC document. It was not a regulation, but rather a guide. Judge said the document had not been admitted into evidence. Jurors nodded, indicating they understood the explanation. (ABC7)

Bina asked if Seawright was familiar with that EEOC guideline. She said yes, it provides guidance. Seawright explained that Title 7 says that an employer cannot discriminate. Bina: Are there studies that show relationship between debt and manslaughter? Seawright: Not that I am aware of. Bina: Are there studies that show relationship between debt and malpractice? Seawright: Not that I am aware of. (ABC7)

Bina asked if Seawright knows Dr. Murray's history of treating patients, and he had no record of harming patients. Seawright explained she examined his financial history only, and once he failed that she didn't see need to go any further. Seawright said that, based on Dr. Murray's credit history, he was 180 days behind in his mortgage. (ABC7)

Bina asked why background checks are necessary. Seawright said it was because you are putting customers at risk. Dr. Murray wasn't being placed in charge of AEG business, Bina argued, saying he was in charge of the artist. Seawright explained his responsibility was Mr. Jackson's health during the tour. Bina: Does that fact that MJ had a long term relationship with Dr. Murray weigh in your analysis at all? Seawright: No, there's no bearing. Bina: If a contractor had been with hundreds of tours would that person have to be background checked? Seawright: It depends on the position. Seawright said you might have some historical knowledge of how the person performed but need to see if there were problems. If time has passed since you last hired someone, Seawright said you need to go back and check again, it's a rehiring; whole new period. (ABC7)

Bina: Lets say MJ had engaged Dr. Murray for 3 years and was going to continue. At that point, would MJ have to do background check?
Seawright: I can't give an answer without evaluating the circumstances (ABC7)

Bina asked if it's ever appropriate to have different processes for different positions. Seawright said it depends on different risk factors. Bina: Is it ever appropriate to have some policies for employees and others for independent contractors? Seawright: The label doesn't make a difference. (ABC7)

Most of AEG defense attorney Jessica Stebbins Bina's questioning centered on doing credit checks on employees. Stebbins Bina walked Seawright through a survey of 158 HR professionals who answered questions about performing credit checks. According to the 2010 survey, 30% of respondents did credit checks on employees in fiduciary duty roles. Much less in other categories. For employees' with "safety sensitive" roles (which Seawright believes Conrad Murray qualified as), credit screens were done in 5% of cases. For healthcare professionals, the figure was 3%, according to figures read into the record by Stebbins Bina. AEG Live defense attorney Jessica Stebbins Bina focused on statistics from a survey of HR professionals. (AP)


Bina inquired Seawright extensively about several surveys that she relied upon while writing opinions in other cases. Bina inquired Seawright about expert opinions she issued in other cases. "When hiring someone, we have to look at the potential harm to him/herself, to others, to customers," Seawright explained. "For every job, you have to evaluate all of the risks associated with it," Seawright said. There are risks in every employment. Seawright considered Dr. Murray's position to be high-risk and safety-sensitive. She explained Dr. Murray would be working at MJ's home, in and around his family, with access to confidential information. Seawright said the risk was elevated since Paul Gongaware was aware of MJ's past use of drugs and alcohol during tours. The expert said she read about Gongaware's knowledge of MJ's drug use in his deposition and Dr. Finkelstein also mentioned it. (ABC7)

Employers have the right to conduct background check, Seawright said. But she noted their practices cannot be discriminatory. Bina: Would the company be exposing itself to risk if you do background check? Seawright: Not necessarily (ABC7)

"Indemnification provision in a contract is not checking out a worker," Seawright testified. Bina argued that if the company is taking responsibility for Dr. Murray's conduct, with indemnification, it offers protection. Seawright said it protects the company, it protects AEG. (ABC7)

Bina: Do you see anything in the policy for hiring Independent contractors that AEG didn't follow with Dr. Murray? Seawright and Bina went through the check list for independent contractors hired by AEG. AEG's practice for Independent Contractors: *Known to the artist - Seawright said yes *Required licenses or permits - Seawright said yes. *Fully insured - Seawright said yes *Indemnification Provision- Seawright said yes *Obligation laid out in the contract - Seawright said yes. "It was called final," Seawright said about Dr. Murray's agreement. (ABC7)

Stebbins Bina also asked about reports Seawright prepared in other cases. There were objections, but some of the questions were allowed. Seawright stuck to her testimony that Murray should have been considered in a high-risk positive and dealing with safety-sensitive matters. One key factor in that was the fact Murray was working in Michael Jackson’s home, Seawright said. (AP)


Jackson redirect


Panish asked in re-direct about EEOC policy again. He said Bina brought it up improperly in front of the jury. Judge sustained objection. (ABC7) Panish asked a few questions before asking Seawright about the EEOC guidelines that have been argued over. AEG attorneys objected. Judge Palazuelos: “Why are we revisiting this.” Panish said he was trying to clarify issue for the jury, but judge sustained the objection. (AP)

Panish asked Seawright what her understanding is why employers check credit of potential employees. Seawright: They check the credit because they are very concerned that financial stress can compromise people's ethical judgment and behavior. Multiple branches of our government do credit checks on employees to make sure they are not at risk for unethical decisions, Seawright said. "The debt is not an issue at all, it's the delinquent debt they are concerned about," Seawright said. (ABC7) Seawright then said that many government agencies screen people’s credit because they see delinquent debts as a possible risk. She said the agencies view delinquent debts as one way people may compromise their ethical judgment. (AP)

Panish asked if Seawright saw anywhere in this case AEG saying they didn't conduct credit check on Murray because it could be discrimination. "I've never heard that at all in all the documents I read," Seawright responded. (ABC7)

Panish asked if Seawright could rely in a survey conducted with small percentage of businesses to determine if credit check should be done. Seawright responded she would not rely on that survey to determine the necessity of credit checks in the healthcare field. "I believe AEG Live hired Dr. Murray," Seawright said. Defendant's attorney objected to the response and judge sustained it. Judge: That's because it is your duty, your responsibility to say whether Dr Murray was hired. It's not up to the experts to determine that. (ABC7)

Seawright said that Dr. Murray asking for $5 million initially raised questions in her mind why he would be requesting that much. (ABC7) Before the break, Panish asked Seawright whether she reviewed testimony in the case about Conrad Murray’s pay. She said she knew he first asked for $5 million then dropped his rate down to $150,000 a month. She said that raised questions for her. Seawright: “It was a red flag for me at the beginning of the process,” she said of Murray’s expected $150,000 a month salary. (AP)

Panish then asked Seawright whether she believed AEG Live hired Murray, a question for the jury to decide. Panish said he asked the question because Stebbins Bina asked a similar question on cross-examination. At one point, Judge Palazuelos rubbed her hands over her face and stopped the proceedings. She turned and addressed the jury. She explained that one of her pretrial orders was that experts could assume Murray was either hired or not hired by AEG Live. She said the experts aren’t supposed to say whether they believe Murray was hired or not - that was for the jury to decide. (AP)

Panish asked whether if AEG Live was Seawright's client, would she have recommended hiring Conrad Murray. Seawright responded that she absolutely wouldn't have recommended that AEG hire Murray because of "risks associated with the position." If they insisted, Seawright said she would have recommended a "comprehensive vetting process" (AP) Panish asked if AEG Live were Seawright's client in 2009 and said they wanted to hire Dr. Murray what she would've said. Seawright: I would've said absolutely no, because of the risks associated with the position and the potential for conflict of interest. "If they insisted, I would've recommended a comprehensive vetting process, with credit and background check," Seawright said. (ABC7)


AEG recross


AEG Live attorney Jessica Stebbins Bina then took over, and made the point that Seawright hadn't done any research into med, concert fields (AP)

Bina in re-cross asked if Seawright was aware legislators expressed concern in 09 of unduly use of credit checks. She said she was not aware. (ABC7)


Jackson redirect

RE-RE-DIRECT Panish: Was EEOC checking credit of people? Seawright: My understanding they were. "Financial distress can impact their ability to make ethical decision, that's the reason that EEOC does it," Seawright said. Panish asked if Seawright would recommend background check for a high-risk, safety-sensitive job? Seawright: I do. Seawright said AEG did not do any check on Dr Murray. Panish: In your opinion, AEG acted inappropriately for not doing that? Seawright: Yes (ABC7)


Dr. Sidney Schnoll Testimony - Addiction expert for Jacksons

Jackson direct

Michael Koskoff, attorney for Jackson's, doing direct examination.

Dr. Schnoll resides in Connecticut, born in New Jersey. He graduated in medical school on 1967. He described his extensive background. "Addiction Medicine is the study of the problems of addiction," Dr. Schnoll said. "It is a very broad area." (ABC7)

He testified about his experience, background today. He's an addiction medicine and pain management specialist. Been practicing since the early 1970s, but has been consulting since 2001 or so. Schnoll has helped develop risk management programs for pharmaceutical companies. It's a way to understand problems of abuse of a drug. Schnoll doesn't do trial consulting. He said this is the first case in about 15 years that he's testified in. Schnoll has consulted for the NFL Players Association, the Chicago Cubs and Bulls and written roughly 40 textbook chapters over his career. He's also provided medical care at concerts for acts such as the Rolling Stones and Fleetwood Mac. Apparently for concertgoers, not talent. Schnoll consulted for the Chicago Cubs starting in 1982. He recounted the first time he walked into the training room as immediately worried. Schnoll said on one of the counters in the Cubs' locker room was a bottle of amphetamines "which the players called greenies." The amphetamine pills were green, hence the players' nickname, Scholl said. He also noted there was a beer tap in the clubhouse. He said he told the Cubs both items were inappropriate, and they agreed. He instituted a drug monitoring and testing program. Schnoll said the Cubs' drug monitoring program he developed became a model of Major League Baseball at the time. (AP)

Dr. Schnoll reviewed medical records, depositions and transcripts in this case. He was also deposed. (ABC7)

Dr. Schnoll: Drug dependence is the pharmacological affect of the drug. "You take it continuously and suddenly stop it, you go into withdrawal" Dr. Schnoll said. "If you continue to take it you develop tolerance". Tolerance is when there's a need to take more of the drug for it to take effect, Dr. Schnoll explained.Dr. Schnoll: When you take certain drugs and suddenly stop you go into withdrawal syndrome, which is usually the opposite effect of the drug. Koskoff: Can people who are taking proper treatment become drug dependent? Dr. Schnoll: Yes. If the patient is properly prescribed and monitored, Dr. Schnoll said they can have normal life. Koskoff: Can withdrawal from drugs sometimes be difficult, even for non-drug dependents? Dr. Schnoll: Yes. Dr. Schnoll: Addiction is a chronic disease that's characterized by craving, compulsive use of a drug, continued despite evidence of harm. Primary factor is usually genetics, Dr. Schnoll said about addicts. Dr. Schnoll: One person exhibits addicted behavior in relation to the drug, the other is seeking the drug to treat underlying condition. Dr. Schnoll said there's a difference between being addicted and dependent on drugs. Dependents look for drugs, addicts want to get high. To determine if a patient is dependent or addicted, Dr. Schnoll said it is necessary to look at that person's behavior while using the drug. Usually doctor look at 0-10 pain scale, you then adjust the amount of the drug to give them what's enough to treat their pain. (ABC7)

The doctor explained the difference between addiction and dependence. Being dependent on a drug meant someone would experience withdrawal if they stopped taking it. He said dependence is common and can happen under the care of a physician.(AP)

Schnoll: "Addiction is a chronic disease that’s characterized by craving, compulsive use of a drug, continued use despite evidence of harm." He said the primary factor in whether someone becomes a drug addict is usually genetics. Schnoll then related the need to evaluate a person's drug use to determine appropriate treatment. He offered an anecdote of a patient. Schnoll said he treated a woman who had severe headaches and kept asking her doctors for more and more pain medications. He told the woman to keep a pain diary of her daily routines, when she got headaches and what she was doing. The problem became apparent, Schnoll said, when he reviewed the woman’s pain diary. The woman “always had her headaches at about 4 o’clock every day, except weekends,” Schnoll said. She wasn’t eating lunch at work. She didn’t believe him at first when he said she needed to eat lunch. He gave her some glucose tests, which bore out his theory. “Her solution to her headaches was to eat 3 meals a day,” Schnoll said. “She needed no more narcotics after that.” (AP)

Quelle: MJJC ~ Eintrag #45 ~ User: Ivy
http://www.mjjcommunity.com/forum/threads/129265-Katherine-Jackson-vs-AEG-Live-Daily-Trial-Testimony-Summary/page3



Jacksons vs AEG - Day 43 – July 3 2013 – Summary


Katherine Jackson is in court.

Dr. Sidney Schnoll Testimony


Jackson direct

Koskoff asked if you take someone off Demorol suddenly what happens. Dr. Schnoll: “like falling off a cliff, you don’t want that to happen.” Methodone is an opioid drug used for pain and treatment of opioid addiction. Dr. Schnoll explained how the drug works. Dr. Schnoll said the most important factor in determining if the person should go off the drug is to find out what the underlying problem is. Koskoff: What if a person has chronic osteoarthritis? Dr. Schnoll: May have remain on medication all his life. If a person has underlying condition and take opioid they could function better, Dr Schnoll explained. There's no harm in doing it medically. Koskoff: Any famous people who have been opioid dependent? Dr. Schnoll: President John F. Kennedy (Judge asks why?) Back pain. (ABC7)

Dr. Schnoll said addiction can also be treated by competent and fit physicians. (ABC7)

Koskoff: If a person is being treated, as part of good medical practice, can someone become drug dependent? Dr. Schnoll: if they're on long term opioid treatment, they'll become dependent. Opioids are the most commonly prescribed drugs in the US. Some patients become addicted, Dr. Schnoll said. But it's not s large percentage. Dr. Schnoll: The figures indicate 10 to 12% become addicted, the same percentage of people who become addicted to alcohol. Dr. Schnoll explained pain threshold is the level at which someone feels discomfort. They are quite variable, he said. “Opioids are most popular because they work," Dr. Schnoll said. "Pain is the most common complaint that comes to a doctor's office.” (ABC7)

Koskoff: Any evidence from any witness that MJ used Demerol outside the medical setting? Dr. Schnoll: No
Koskoff: Was there a period of time when MJ used Demerol for scalp treatments? Dr. Schnoll: Yes (ABC7)

Dr. Schnoll said he reviewed medical records that Dr. Farshian implanted a patch into MJ's abdomen. The patch was done for treatment of Demerol dependency in early 2000s. The drug would block the effect of the opioid, Dr. Schnoll said. (ABC7)

Koskoff said based on the medical records in the last 16 years of MJ’s life, he was Demerol free for 13 1/2 years. Koskoff asked if that was consistent with a drug addict. Dr. Schnoll answered no. (ABC7)

Koskoff asked if Dr. Schnoll read testimony from Dr. Earley saying MJ was a drug addict and that he was going to die early. Koskoff: Do you agree with that opinion? Dr. Schnoll: No (ABC7)

Dr. Schnoll said he saw no evidence that MJ ever used recreational drug or self-injected in the absence of a doctor. The expert said he saw evidence MJ was afraid of needles; didn't take medications in excess of what was prescribed by doctors. (ABC7)

Dr. Schnoll talked about the surgery MJ to repair damage to his scalp.(ABC7)

Koskoff: On Dangerous tour, was MJ getting opioid drugs according to Dr. Finkelstein? Dr. Schnoll: Yes
Dr. Schnoll: I don’t know if MJ was an addict. I haven’t seen the information that would allow me to make a diagnosis of addiction
Koskoff: Was there a time MJ did take benzodiazepines? Dr. Schnoll: Yes
Dr. Schnoll said MJ was prescribed Midazolam and Versed which is commonly for short term surgical procedures, dental procedures.
Koskoff: Did he use it for sleep? Dr. Schnoll: Yes K: Is that appropriate? Dr: Yes K: Did MJ have a sleep problem? Dr: Yes (ABC7)

Dr. Schnoll treated patients addicted to Propofol. They were health technicians and none had it administered by another person. "Typically, they steal it from operating room or critical care unit or inject it in a home, or a bathroom," Dr. Schnoll explained. Dr. Schnoll said after the Propofol infusion stops, the effect wears off quickly. Propofol is the most popular anesthetic in the world, Dr. Schnoll said. Propofol is the generic term. (ABC7)

Koskoff showed a timeline and asked if there was any record MJ received Propofol during the Dangerous tour in 1994. Dr. Schnoll testified Debbie Rowe said yes, but she wasn't sure if it was Propofol or Fentanyl. He didn't think Rowe was a licensed nurse. Koskoff: What kind of specialist was on that tour for Michael? Dr. Schnoll: He was anesthesiologist. Between 1994 and 1996, Dr. Schnoll saw no evidence of any use of Propofol by MJ under any circumstance. The drug was used for dental procedures and cosmetic treatment, Dr. Schnoll said, adding it was appropriate for that. Dr. Murray used Propofol for sleep, which Dr. Schnoll said was inappropriate. "Plus, he was not an anesthetic or an anesthesiologist." Koskoff asked if there was any evidence MJ was addicted or dependent of Propofol up until Dr. Murray. Dr. Schnoll said no. Dr. Schnoll said Propofol is not appropriate to treat insomnia, even if MJ suggested it. (ABC7)

Dr. Schnoll talked about Dr. Klein giving MJ 100mg doses of Demerol in 2008. He said from mid-year to December it was the same amount. Dose went up in January 2009. Dr Schnoll said if a person was previously dependent on Demerol, stops and then resumes, tolerance is built up. Koskoff: Is there a record MJ was getting Demerol from any other doctor? Dr. Schnoll: No. The very last Demerol injection MJ received from Dr. Klein was on June 22, 100 mg dose, according to the records, Dr. Schnoll testified. Dr. School said there was no trace of the drug in MJ's body at the time of his death. He also said this drug would not have had effect on MJ on June 25. (ABC7)

Koskoff: What does Demerol do to sleep? Dr. Schnoll: When you are taking it, it could make you sleepy. "If you are dependent, you could have some insomnia if you go off of it," Dr. Schnoll testified. (ABC7)

Sometimes prescription is given under other people's names, Dr. Schnoll said, since celebrities often don't want people prying their records. Dr. Schnoll said once Frank Sinatra went to the hospital he worked after collapsing on the stage. The hospital computer overloaded with people trying to get information on what happened with Sinatra, Dr. Schnoll said. (ABC7)

Koskoff: Was Dr. Murray competent to handle MJ's pain? Dr. Schnoll: He was not competent. Koskoff: Was Dr. Murray competent to handle MJ's drug dependency issues? Dr. Schnoll: He was not competent
Koskoff: Was Dr. Murray competent to handle MJ's sleep problems? Dr. Schnoll: He was not competent
Koskoff: Assuming AEG hired Dr. Murray, was he fit and competent to treat Michael's pain problems? Dr. Schnoll: No, he was not
Koskoff: Assuming AEG hired Dr. Murray, was he fit and competent to treat Michael's sleep problems? Dr. Schnoll: No, he was not (ABC7)

Dr. Schnoll: Dr. Murray was an interventionist cardiologist and that is a highly specialized field. He had no background in treating pain. "They pass catheters and look at hearts, which is totally unrelated to pain," Dr. Schnoll said about cardiologists. (ABC7)

Koskoff asked if MJ were under the care of a competent doctor, would he have been able to get off the drugs, Demerol and benzodiazepines. Dr. Schnoll: If his underlying medical condition, pain, insomnia, had been appropriately treated, he may have been able to get off the drugs. "He would've been able to continue to perform if he was appropriately treated for the underlying medical conditions," Dr. Schnoll said. Dr. Schnoll testified MJ had two major problems: pain and insomnia. Dr. Schnoll: Should MJ have someone knowledgeable for treatment of pain, he could've been treated appropriately. Dr. Schnoll said if MJ were treated appropriately for pain and sleeping problems, it would not have an effect in shortening his life. (ABC7)

Koskoff: Assuming MJ was dependent, do you think proper treatment would be able to eliminate his dependency? Dr. Schnoll: Yes. Koskoff: Let's assume MJ really was addicted to Demerol in 2009, do you have an opinion as to his prognosis for successful treatment? Dr. Schnoll: He could've been treated, he could've been treated if he had the proper people. Having a supportive family and environment is critical in overcoming addiction, Dr. Schnoll explained. "The autopsy said he was in really, very good condition," Dr. Schnoll told the jury about MJ. Dr. Schnoll: Some of the best outcomes in treatment are with people who have a lot to lose if they continue their addiction.(ABC7)

Koskoff: Based on Mr. Jackson's family, do you know if any members of his family were addicted? Dr. Schnoll: I have no indication of that (ABC7)

Dr. Schnoll agreed MJ had the means to get proper drug dependency treatment.
Koskoff: Assuming he was not addicted, but had periods of drug dependency, would that have an impact on his life expectancy?
Dr. Schnoll: If appropriately treated, it would have no affect (ABC7)

Drug addicts can die early due to overdose; infections are very common, like HIV, Dr. Schnoll said. If MJ got proper treatment, he would have like normal life expectancy, Dr. Schnoll said. Keith Richards and The Rolling Stones have been performing for 50 years. Richards writes in his autobiography about his drug addiction. Dr. Schnoll said he's reading Richards' book, but hasn't finished yet. Defendant's objected to the doctor talking about it based on hearsay. (ABC7)

Schnoll said based on his review of medical records, he saw no evidence that Jackson was addicted to prescription meds. Schnoll reviewed medical records dating back until at least 1997. They included dental records, and files of Arnold Klein. The records showed that Jackson received propofol for dental procedures dating back to 1997, Schnoll said. Schnoll said it wasn’t clear if Jackson received propofol during the 1993 “Dangerous” tour because Debbie Rowe wasn’t clear. He said Rowe used two different names for medications she saw Jackson receive in 1993, so it wasn’t clear if propofol was used. Schnoll’s point about the documented use of propofol by Jackson was that it was in medical settings with proper supervision. Until Murray. The doctor also addressed Demerol use, saying there was no sign Jackson received the drug between 2003 and 2008. Schnoll said even if Jackson were addicted to medications, with proper treatment he could have lived a long, healthy life. (AP)

Koskoff finished direct examination.


AEG cross

AEG attorney Kathryn Cahan did cross examination of Dr. Schnoll.

Dr. Schnoll created the term "Rock Doc", referring to doctors who work on rock n roll concerts. Cahan: Do you think it's ethical for doctors to go on tour? Dr. Schnoll: It depends on what they do when they go on tour with them
I know some people who worked at concerts, Dr. Schnoll said. He has been one.
Dr. Schnoll said at times he was asked to treat performers, was hired to provide medical treatment at the facility to fans or artists.
Dr. Schnoll said his primary duty was to treat concert goers. He was paid by the promoters.
Cahan: Did you think that created a conflict of interest? Dr. Schnoll: As long as I acted ethically, I did not
Dr. Schnoll said he acted ethically at that job. He worked at rock concerts in the '70s. (ABC7)

Cahan asked if Dr Schnoll brought medical students to help him out. He said yes. She asked if he did background or credit checks on them. "I knew most of them and I knew them well," Dr. Schnoll said. (ABC7)

Cahan: You were never hired as a doctor to accompany a band on tour? Dr. Schnoll: That's correct (ABC7)

Dr. Schnoll works for Pinney Associates, he's a salaried employee and receives bonus at the end of the year, should there be one. Cahan said Pinney Associates is charging $790/hour for Dr. Schnoll's time. Dr. Schnoll said he has no idea how many hours he has worked in this case. He was retained back in January. There were weeks he put in 7-8 hours, some didn't do anything. He said it would be hard to estimate, spoke with plaintiff attorney 10-15 times (ABC7)

Dr. Schnoll said doctor shopping is going from doctor to doctor to receive medication. Pseudoaddiction is when a patient is undertreated for pain, Dr. Schnoll said. A professional doctor knows the difference between addiction and pseudoaddiction. (nurse juror nodding in agreement). (ABC7)

Dr. Schnoll: If they have a severe pain problem that can only be treated by opioids, it is appropriate to give it. Just the fact that Dr. Klein injected MJ with Demerol doesn't raise concern of a relapse of Demerol dependency, Dr. Schnoll. Cahan asked if it's common practice to use Demerol for Botox injections and facial fillers treatment. Dr. Schnoll responded he didn't know, since he doesn't do these procedures. Dr Schnoll said Demerol is not commonly used anymore because it has other effects than just opioids, considered a dirty drug the doctor said. Dr. Schnoll said use of Demerol for pain went into question in the '90s. Cahan: How common is for pain specialists to have Demerol handy? Dr. Schnoll: Probably not at all at this point, pain specialist would not keep Demerol handy. Dr. Schnoll said he last prescribed Demerol in the late 1970s. He stopped treating patients in 2001. (ABC7)

"There was no evidence of addiction at that time," Dr. Schnoll said about MJ in 2009. Dr. Schnoll did not offer opinion whether the amount or type of drug MJ was taking for cosmetic and dental work was appropriate. (ABC7)

Cahan: When you are evaluating a patient you rely on the patient being honest with you, correct? Dr. Schnoll: Yes
Cahan: Did some patients did not want to get treatment?
Dr. Schnoll: Well, of they came to me to treat addiction, they usually would come because they wanted to treat their addiction
Cahan: There has got to be some amount of trust between doctor and patient? Dr. Schnoll: Right (ABC7)

Dr. Schnoll said people get confused as to whether the patient is addicted or dependent of drugs. The expert said people would recognize there was something wrong with MJ, but may not be able to recognize it as withdrawal from opioids. Some of opioids withdrawal include chills, running nose, tearing of the eyes, dilated pupil, goose bumps. Dr. Schnoll said most doctors would be able to put all the symptoms together and conclude it is opioid withdrawal. The doctor agreed that some lay people could identify the symptoms as flu.(ABC7)

Dr. Schnoll said he has treated tens of thousands of patients and only 5-6 were addicted to Propofol. These people were in the medical field. Dr. Schnoll said some of the patients might have been addicted to Propofol, but others were just abusing it. (ABC7)

Outside the presence of the jury, judge discussed with the attorneys about Jean Seawright's testifying yesterday that AEG hired Dr. Murray. Judge said that violated the motion in limine regarding this issue. Experts are NOT to give their opinion on whether AEG hired Dr. Murray. Judge: This is your crucial, central issue in the case Mr. Panish. I'm surprised you had no discussion with her about it.Panish: I know you're upset, I can tell that Judge: I'm not upset, I think it's entirely appropriate Panish: I told her not to do it. Judge: there's a ruling prohibiting any testimony, by any expert, on the issue! An upset judge said: This is my concern, we are 9 weeks in this trial and it's getting into mistrial territory. I don't want to go there! Judge: I don't want this kind of problem that can lead to mistrial. I'm asking you to speak with all your experts. Judge: Every expert is only to make assumptions about hiring. I specifically did that (ruling) for a reason. Advise them about my order! Judge: I don't want a mistrial, it's a waste of resources Panish: I don't want a mistrial either. Judge: There are bright lines Mr. Panish and you don't even go near it because you may cross it accidentally. Panish: She said it, I wish she hadn't, I don't want a mistrial. Putnam said he agreed with the judge and agrees the instruction should be given as written. Judge: I don't know why you are pointing your fingers that way, Mr. Panish (to AEG's side). I really don't. Judge admonished Panish to tell all experts to abide by her motions in limine. (ABC7)

After the afternoon break, Judge Yvette Palazuelos returned to the testimony of HR expert Jean Seawright. She was upset about yesterday. The judge noted that expert witnesses had been instructed not to state opinions on whether AEG Live hired Conrad Murray. Seawright told the jury she thought AEG did hire Murray, based on a question from plaintiff’s attorney Brian Panish. Panish had asked whether Seawright she had an opinion on whether AEG Live hired Murray. He said today he thought it was a yes-no question. The judge said the answer veered into mistrial territory, and that Panish should have warned Seawright to not state her opinion. Panish protested, saying “All I was trying to show was that she was trying to show was that she has an opinion.” Palazuelos: “This is my concern. Nine weeks into this trial and this is getting in a mistrial situation.” (We’re in 10th wk of testimony.) Panish also said that he was trying to counter questions from AEG’s attorneys that suggested Seawright didn’t have an opinion. Palazuelos: “I don’t know why you’re pointing the finger that way.” She told Panish to make sure he warns his experts from now on. (AP)

Judge read them the following instruction: Yesterday, plaintiiff's expert Jean Seawright said she believed they, AEG, hired Dr Murray. That violated a court order, the statement is stricken, shouldn't be considered (ABC7) The jury was brought in, and Palazuelos read an instruction stating that Seawright violated a court order. The judge said the jury should disregard her testimony about whether AEG Live hired Conrad Murray. (AP)

Cahan asked if MJ was seeing other doctors at the same time he saw Dr. Murray, like Dr. Klein. Dr. Schnoll said yes. Cahan: Are you aware of Dr. Klein being investigated... Panish stopped and objected as improper. He asked for a sidebar.(ABC7)

Cahan: Did Dr. Klein write prescriptions to Mr. Jackson under other names? Dr. Schnoll: Yes. Cahan: Could MJ have opiates in pill forms in 2009 from doctors while having Demerol injections from Dr. Klein? Dr. Schnoll: I don't like to work under possibilities, since everything under the sun is possible. I like working with probabilities. Dr. Schnoll said you try to look at the whole picture of what was going on and not look at the possibilities, but probabilities. Cahan: Is it legal to write prescription to someone under another name? Dr. Schnoll: Yes, it's illegal C: Have you ever done it? Dr: No (ABC7)

Cahan asked if Dr. Schnoll testified in his deposition that MJ was dependent on Demerol? He answered yes, the time around the Dangerous tour. However, Dr. Schnoll says today he's not sure MJ was dependent on Demerol in 2009. He said he continued to investigate the case, looked at more records, and is now uncertain. He's also not absolutely sure, but says MJ was probably dependent on Demerol in 1993. Dr. Schnoll said he could not opine whether the treatment after the burn on MJ's scalp was appropriate.Dr. Schnoll said he doesn't think MJ was dependent on Demerol in January of 2009. (ABC7)

In April 2009, MJ received 375 mg of Demerol, the highest amount given by Dr. Klein. Cahan asked what would happen if doctor gave her 375 mg of Demerol. "For you? You'd probably sleep for a while, about several hours" he said. Dr. Schnoll said he would probably give her initial dose of 50 mg. (ABC7)

The expert said that if the withdrawal symptoms were present, someone might have asked why MJ had the flu. (ABC7)

Dr. Schnoll said he asked for a chart to be made to be able to see how much Demerol MJ was getting and how frequent. "Was he really dependent?" Dr. Schnoll asked himself. He said the appearance of withdrawal from Demerol usually shows within 24-36 hours. "It didn't coincide with when I expected that withdrawal to occur," Dr. Schnoll said about MJ. Dr. Schnoll: It was very hard for me to say he was dependent that time. He doesn't think the symptoms MJ was having on June 19, 2009 were related to Demerol withdrawal. (ABC7)

Cahan asked about patients who think they have their addiction under control and don't want to quit the drug. "That's why your job is to motivate them and help them see the problems with the dependency," Dr. Schnoll responded. Dr. Schnoll said he didn't have 100% success rate in his practice and that no one does. Dr. Schnoll: MJ could've been off the drugs or taking the drugs in appropriate dosages if properly treated (ABC7)

Cahan asked about MJ's family failed interventions. He said he doesn't know if they were appropriately done; practice not used as much.(ABC7)

Cahan asked if Dr. Schnoll reviewed testimony that MJ had boxes of Propofol at Neverland and asked a doctor to inject him. He said yes. Dr. Schnoll said he saw a concern one time of MJ going to Santa Ynez Cottage Hospital for excessive use of Demerol.(ABC7)

Dr. Schnoll said he looked at the totality of the picture, like a puzzle, trying to put everything together to understand what was going on. "They were not symptoms of Demerol withdrawal, but probably of Propofol," Dr. Schnoll testified about MJ's symptoms in June 2009. (ABC7)

On cross-examination, she tried to make the point that it’s hard for a lay person to tell difference between addiction and dependency. AEG defense attorney Kathryn Cahan also asked Schnoll about Demerol. He called it a “dirty opioid.” The doctor said he probably hadn’t prescribed Demerol since the 1970s. (He hasn’t been practicing with patients for several years.) (AP)


Jackson redirect


Koskoff asked in re-direct if Propofol was given for the drug or underlying condition. Dr. Schnoll said MJ asked Propofol to help him sleep. (ABC7)


AEG recross


Cahan in re-cross: What did nurse Cherilyn Lee said to MJ when he was looking for a doctor to give him Propofol? Dr. Schnoll said Lee responded that MJ was taking chances. (ABC7)

Jackson redirect


Koskoff noted that MJ replied it would be safe if done under the supervision of a doctor. Koskoff: And Dr. Murray gave it to him? Dr. Schnoll: Yes (ABC7)

Dr. Schnoll was then excused and session adjourned.

----------------------------------------

Jury ordered to return on Monday at 10 am PT. Plaintiffs will play Dr Finkelstein's deposition. Kenny Ortega set to testify in the afternoon

Director of MJ's comeback show takes stand

By Alan Duke, CNN
updated 12:15 AM EDT, Tue July 9, 2013

STORY HIGHLIGHTS

* Kenny Ortega worked closely with Michael Jackson in his last weeks
* Ortega wrote of Jackson's "strong signs of paranoia ... and obsessive-like behavior"
* An expert testifies Jackson was drug dependent, not addicted
* Widow, daughter of former Jackson manager face jail unless laptop is handed over

Los Angeles (CNN) -- Kenny Ortega, the director of Michael Jackson's aborted comeback show, began his testimony Monday about what AEG Live executives did and said in Jackson's final days.

His first hours on the stand Monday afternoon were spent discussing Jackson's creativity, saying his voice, songs and dancing were "like no one else in his generation." He will return Tuesday to resume his testimony.

Lawyers for Jackson's mother and children argue in the wrongful death trial against AEG Live that those executives ignored warning signs about his health and mental condition that, if heeded, could have saved his life.

The lawsuit contends the promoters hired, retained or supervised Dr. Conrad Murray, the physician convicted of involuntary manslaughter in Jackson's propofol overdose death.

AEG Live lawyers argue that Jackson -- not their executives -- chose and controlled the doctor, who was giving him nightly infusions of the surgical anesthetic in a desperate search for sleep in his last two months.

Ortega, who knew Jackson well and worked with him closely preparing his "This Is It" shows, sounded a warning to AEG Live CEO Randy Phillips in an e-mail on June 20, 2009 -- five days before Jackson's death -- that Ortega did not think the entertainer would be ready for the shows.

He described seeing "strong signs of paranoia, anxiety and obsessive-like behavior" with Jackson. "I think the very best thing we can do is get a top psychiatrist to evaluate him ASAP."

Expert: MJ was 'drug dependent,' not addicted

AEG says Jackson was secretive about his drug use, which the company contends was an addiction, so there was no way of knowing what treatments Murray was giving Jackson in his bedroom.

But a drug addiction expert testified last week that there was "not a lot of evidence to support" the belief that Michael Jackson was addicted to drugs.

If he was an addict, Jackson "would be taking drugs that were not prescribed by a medical professional, taking larger amounts than prescribed and have drug-seeking behavior," Dr. Sidney Schnoll testified.

There was no evidence Jackson ever took drugs that were not given to him by a doctor or that he took more than prescribed, Schnoll said.

The bottles of sedatives found in his home after his death had more pills remaining in them than he would have expected if Jackson was an addict, Schnoll said. This "indicated these were not being taken on a regular basis," he said.

Evidence shows Jackson sought drugs from a number of doctors, but that was not inappropriate because he needed them "to treat a legitimate medical problem," including back pain, scalp pain and dermatologic issues, Schnoll testified.

While not addicted, Jackson was dependent on drugs, he said.

The painkillers that forced Jackson to end his 1993 "Dangerous" tour early so he could enter a rehab program were taken to relieve the pain from scalp surgery needed to repair burns suffered when filming a Pepsi commercial, Schnoll said.

The burns left scars on damaged nerves in his scalp, which becomes "excitable tissue" that "can be firing just like the nerve," he said. The result "can be every painful, like a burning kind of pain -- persistent, sharp, shooting kind of pain," he said. "It's very uncomfortable and one of the most difficult to treat."

Pain relief is a legitimate use of opioid drugs and a person can function normally if they are taken under a doctor's care, he said.

President John Kennedy was opioid dependent to relieve "very severe back pain" while in the White House, he said.

"He did alright as president?" Jackson lawyer Michael Koskoff asked.

"It depends on your political affiliation," Schnoll answered.

The Demerol injections Jackson got during frequent visits to a Beverly Hills dermatologist between April and his death in late June 2009 were given for legitimate medical reasons, Schnoll testified.

If he were addicted to Demerol -- which is a powerful opioid -- he would not have gone 43 days between injections, which medical records show, he said.

Jackson also went roughly 13 years -- from 1993 until 2008 -- without the drug, he said. The doctor conceded under cross-examination by an AEG Live lawyer, however, that a gap in available medical records may be misleading.

Jackson's use of sedatives was an effort to treat his chronic insomnia, Schnoll said.

If the underlying sleep problem could be resolved, the chances of ending Jackson's use of the drugs would have been good, he said.

There was no indication that Jackson was addicted to propofol before Murray began giving him nightly infusions of the surgical anesthetic for 60 days leading up to his death, he said.

Unheeded warning signs?

Ortega, in his e-mail to AEG Live CEO Phillips on June 20, wrote that "I honestly don't think he is ready for this based on his continued physical weakening and deepening emotional state."

He said Jackson was having trouble "grasping the work" at rehearsals.

Production manager John "Bugzee" Hougdahl wrote in an e-mail to Phillips hours earlier that Ortega had sent Jackson home from a rehearsal that night because of his strange behavior.

"I have watched him deteriorate in front of my eyes over the last 8 weeks. He was able to do multiple 360 spins back in April. He'd fall on his ass if he tried now," Hougdahl wrote. "He was a basket case and Kenny was concerned he would embarrass himself on stage, or worse yet -- get hurt. The company is rehearsing right now, but the DOUBT is pervasive."

Phillips replied to Ortega: "Please stay steady. Enough alarms have sounded. It is time to put out the fire, not burn the building down."

By "burn the building down," he meant pulling the plug on the tour that was set to begin in three weeks, Phillips testified last month. "In a highly charged situation like this, I just wanted to keep things calm until we could have the meeting."

Phillips met with Murray, Jackson and Ortega at Jackson's home later that day. While Jackson lawyers argue that meeting was intended to pressure Murray to make sure Jackson was ready for rehearsals, AEG lawyers contend Murray assured producers nothing was wrong.

Phillips testified that he remembered little about the conversation at the meeting and Murray has invoked his constitutional protection against self-incrimination to avoid testifying in the trial. This makes Ortega's testimony crucial for both sides.

Hand over evidence or face jail

A related drama could unfold Monday in another courtroom as a judge in Ohio decides if he'll carry out a threat to throw the widow and daughter of a former Jackson manager in jail for refusing to hand over a laptop computer subpoenaed by Jackson lawyers.

Frank DiLeo, who served as Jackson's manager decades earlier, reappeared in his life in his last months. He died in 2011. Jackson lawyers want to search his laptop for evidence to support their contention that DiLeo was beholden to the concert promoter and not to Jackson.

His daughter, Belinda DiLeo, refused a judge's order last week to disclose where the computer was, prompting the contempt of court order. The judge gave the DiLeo's until Monday to hand it over or face jail. A hearing will be held Wednesday to determine of the women complied with the order.

Jackson changed managers twice in the last three months of his life. In late March 2009, he hired Leonard Rowe -- one of his father's friends -- to replace Tohme Tohme, the manager who initially negotiated the deal with AEG for his "This Is It" tour.

Jackson lawyers argue that AEG Live forced Jackson to take DiLeo, who had worked for him off and on for decades, as his manager in May 2009 because they did not want to work with Rowe.

A cache of 5,000 e-mails has already been recovered and a lawyer in Ohio is reviewing them to redact non-relevant and personal information before handing them over to Jackson lawyers.

http://www.cnn.com/2013/07/08/showbiz/jackson-death-trial/

Doctor says he told AEG exec that Michael Jackson was a drug addict

By Jeff Gottlieb
July 8, 2013, 2:46 p.m.

A doctor who traveled on Michael Jackson's 1993 worldwide "Dangerous" tour testified that he gave the singer a shot of Demerol and a 24-hour intravenous morphine drip while they were in Thailand and that he told a ranking AEG executive that the singer was a drug addict.

Dr. Stuart Finklestein, who testified via a video deposition that was played for jurors Monday, said he was a long-time friend of Paul Gongaware, who was tour manager of the "Dangerous" concerts and is one of the defendants in the wrongful death suit brought by Jackson's mother and three children.

The testimony came in the 43rd day of the wrongful-death trial, a case that seeks to put blame for Jackson's death of entertainment titan and two music industry executives.

Finklestein is now an addiction specialist, but when he went on tour with Jackson his job was to minister to the crew. He said the first time he met Jackson was when he was called to his hotel room, where the singer appeared to be in pain. Finklestein said he was put on the phone with Allan Metzger, the singer's doctor in Los Angeles. Metzger told him that Jackson had a severe headache and that he should administer pain medication.

Finklestein said he gave Jackson a shot of Demerol, “but his buttocks were so scarred up and abscessed that the needle almost bent. ... He obviously had had multiple injections in his buttocks prior to arriving in Bangkok.”

The doctor said he spend the next 24 hours giving Jackson morphine until he was able to go on stage. “We were watching the Three Stooges and having squirt gun fights," Finklestein testified.

After a second concert in Bangkok was postponed, Finklestein said, he met with promoter Marcel Avram and a publicist. The publicist said “the sound byte is that Michael Jackson is dehydrated,” the doctor testified, and repeated that explanation to CNN.

The doctor said that Jackson was wearing a Duragesic patch, which contains another opiate, fentanyl, that is absorbed through the skin. He also said that Karen Faye, Jackson's longtime makeup artist and hair stylist, gave him two ampules of Demerol that were for Jackson's injections. According to Finklestein, Metzger had written a Demerol prescription for Faye. But Finklestein said he understood the prescription was actually for Jackson.

Finklestein said that he told the concert promoters that he thought Jackson was an addict but that no one believed him. The doctor said he also told Gongaware that Jackson was dependent on opiates.

The doctor said that Gongaware, a current AEG Live executive, told him, "Don't be a Dr. Nick," a reference to the doctor who supplied Elvis Presley with the prescription drugs that led to his death.

Finklestein said Gongaware was trying to warn him, "don’t get all infatuated where you start administering drugs to a rock star and having him die on you.”

The tour came to an early end in Mexico City when Elizabeth Taylor flew in for an intervention and took Jackson to a hospital in England.

The Jacksons are suing AEG Live, saying the entertainment giant negligently hired and controlled Conrad Murray, the doctor who gave the singer a fatal dose of the anesthetic propofol. AEG says that Jackson hired Murray and that any money the company was supposed to pay the doctor was an advance the singer would have to pay back.

http://www.latimes.com/local/lanow/la-me-ln--michael-jackson-drug-addict-20130708,0,1132458.story

Director Kenny Ortega testifies in Michael Jackson wrongful death trial

Monday, July 08, 2013

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LOS ANGELES (KABC) -- A key witness took the stand in the Michael Jackson wrongful death trial on Monday. Kenny Ortega, the director who worked with Jackson on his comeback tour, says he was very concerned about the pop star's health and he warned promoters about it.

"He wanted to rock the world. He wanted them to know he was back." Those are the words of director Kenny Ortega speaking of Michael Jackson as they collaborated on Jackson's "This Is It" production.

Yet weeks into rehearsals, Ortega said, the star's condition changed.

"Just sort of lost, and a little incoherent. Although we were conversing, and I did ask him questions, and he did answer me, I did feel though that he was not well," Ortega said on September 27, 2011.

Ortega testified in the trial of Jackson's doctor, Conrad Murray, who is now serving a four-year prison term for causing Jackson's death. Now the director's observations are a cornerstone of Katherine Jackson's lawsuit against tour promoter AEG Live.

In emails to AEG executives, Ortega raised the alarm: Jackson missing rehearsals; that the star was trembling, rambling and obsessive. Ortega said Jackson needed a psychiatrist.

Monday, the Jackson attorney, Brian Panish, first set the scene for the jury, eliciting information about Ortega's work with Jackson for 19 years.

Ortega testified that he was present at a performance when Jackson collapsed in 1995.

Ortega said he didn't recall what caused it, and didn't want to speculate.

Earlier in the day, jurors heard from someone who says he did know about Jackson's problems with pain medication. Testifying in a video deposition, Dr. Stuart Finkelstein said that in 1993 he was called to give Jackson painkiller, that Jackson was suffering from scalp surgery.

"I attempted to give him a shot of Demerol, but his buttocks were so scarred up and abscessed, that the needle almost bent," said Finkelstein.

Finkelstein testified that Jackson appeared to be dependent on meds. Among the factors he cited, Jackson needed more than double the amount of Demerol than a typical patient would need.

Finkelstein says he told his friend who was also working on the tour in 1993, Paul Gongaware, who is now an AEG executive and is named in the Jackson lawsuit.

Finkelstein's statement conflicts with what Gongaware told the jury when he was on the stand. Gongaware testified he knew nothing about Jackson's addiction until the star publicly told fans in 1993.

Ortega will resume testimony Tuesday morning.

http://abclocal.go.com/kabc/story?section=news/entertainment&id=9166441 (Archiv-Version vom 03.01.2014)

Doctor says he thought Jackson had drug problem

By ANTHONY McCARTNEY
— Jul. 8 7:32 PM EDT

LOS ANGELES (AP) — A doctor who treated Michael Jackson during a 1993 concert tour that had to be canceled when the singer entered rehab testified Monday about the signs that led him to conclude the singer had a problem with prescription pain medications at the time.

In videotaped testimony, Dr. Stuart Finkelstein said he was later asked by concert promoter AEG Live to act as Jackson's personal physician during the ill-fated "This Is It" tour in 2009 but wanted to know if Jackson was "clean."

AEG executive Paul Gongaware said he didn't believe Jackson had any prescription drug issues, Finkelstein testified.

Finkelstein's testimony was recorded during a February deposition that was played for jurors hearing a negligence lawsuit by Jackson's mother against AEG Live LLC. Katherine Jackson claims AEG failed to properly investigate another doctor who later gave her son an overdose of the anesthetic propofol and that the company ignored warning signs about her son's health.

Finkelstein said he first suspected Jackson had a dependence on pain medications in 1993 while working on the "Dangerous" tour. He recounted spending 24 hours in the singer's hotel suite and administering morphine intravenously to deal with Jackson's pain.

He said he gave Jackson morphine during their first meeting because the singer's buttocks were scarred from previous unspecified treatments and he was concerned about giving an injection of the painkiller Demerol.

He said he also noticed that Jackson appeared to have a high tolerance for morphine and had on a patch that administered another opiate drug.

Finkelstein said he gave Jackson one other painkiller treatment before the "Dangerous" tour was halted after what he described as an intervention by Elizabeth Taylor and others in Mexico City.

Jurors also heard Monday from Kenny Ortega, a choreographer and director who worked with Jackson on preparations for the "Dangerous" tour and later shows, including "This Is It." Ortega was not present on the "Dangerous" tour at the same time as Finkelstein and testified that he never saw Jackson take any medications.

Ortega, who raised concerns about Jackson's health during rehearsals for the "This Is It" shows, has not yet testified in details about his interactions with the singer in his final months. Ortega will resume testifying on Tuesday afternoon.

The doctor, who now specializes in addiction medicine and works for concert promoters treating injuries to performers, said he relayed his concerns about Jackson's painkiller use to Gongaware, then a "Dangerous" tour worker.

Gongaware is now a top AEG Live executives and a friend of Finkelstein, the physician said.

Finkelstein said he and Gongaware had five to 10 conversations in 2009 about working on Jackson's "This Is It" shows. Finkelstein said he wanted $40,000 a month and was not hired.

Jackson died after Dr. Conrad Murray administered an overdose of the anesthetic propofol on June 25, 2009. Murray, who agreed to work on the "This Is It" shows for $150,000 a month, provided Jackson with propofol as a sleep aid.

AEG Live denies it hired Murray and says it bears no responsibility for Jackson's death.

Finkelstein is the first medical professional who treated Jackson to testify in the case, now in its 11th week.

Last week, jurors heard from addiction medicine specialist Dr. Sidney Schnoll, a paid expert witness who said he did not see anything in Jackson's medical history that indicated the singer was addicted to any medications. His analysis was based on medical records that dated back to the late 1990s, after the "Dangerous" tour.

Finkelstein said many of his records involving his "Dangerous" tour treatment of Jackson had been stolen.

http://bigstory.ap.org/article/doctor-says-he-thought-jackson-had-drug-problem

Quelle: Jackson.CH ~ Schweizer MJ Forum ...


The Jacksons vs. AEG Live — Zeugen der Jacksons, 32. Teil

9. Juli 2013

Letzte Woche war es, wie die treuen und regelmässigen Leser unter Euch sicherlich gemerkt habt, recht ruhig oder zumindest unspektakulär, so dass sich die vom Prozess berichtenden Journalisten von der LA Times und CNN mal mit gutem Gewissen eine kleine Pause gönnten. Wie es scheint, hat letzte Woche abgesehen von der Personalberaterin Jean Seawright (siehe hier ) nur noch Dr. Sidney Schnoll, ein weiterer Expertenzeuge für die Jacksons ausgesagt.

Dr. Schnoll ist ein Spezialist für Suchtverhalten. Er hat während seiner Aussage ein Bild von Michael Jackson gezeichnet, das einem typischen Schmerzpatienten entspricht. Dr. Schnoll hatte in Vorbereitung seiner Aussage Michael Jacksons Krankengeschichte von 1993, als Michael das erste Mal öffentlich seine Probleme mit Schmerzmitteln eingestand, bis zu dessen Tod studiert gehabt. Nach der Meinung von Dr. Schnoll war Michael Jackson medikamentenabhängig. Es gab jedoch keine ausreichende Beweise dafür, dass Michael Jackson abhängig war, dh. eine Person war, die Medikamente einnahm, um “high” zu sein. Dr. Schnoll sagte auch aus, dass die Unterlagen über Michael Jacksons Krankheitsgeschichte aufzeigten, dass seine diversen Behandlungen berechtigt bzw. angemessen waren und dass Michael Medikamente niemals missbraucht habe.

Dies habe sich jedoch geändert, als er sich für die “This Is It” Tour vorbereiten zu begann — zur gleichen Zeit also als Conrad Murray als Michaels persönlicher Arzt in Aktion trat. Michael Jacksons Symptome bei den Proben Mitte Juni (Kälteschübe, triefende Nase) waren gemäss Dr. Schnoll kennzeichnend für den Entzug vom Schmerzmittel Demerol. Conrad Murray, so Dr. Scholl, habe jedoch versagt, dies richtig zu diagnostizieren. Unter dem Kreuzverhör sagte der Zeuge dann aus, dass die Daten nicht mit Michaels Demerolbehandlung übereingestimmt haben. Es wäre schwierig zu sagen, ob Michael Jackson zu jener Zeit von Demerol abhängig gewesen sei.

Während Dr. Scholl dem Jackson Anwalt gegenüber sagte, dass Michael noch ein langes, gesundes Leben vor sich gehabt hätte, berichtigte er unter dem Kreuzverhör der AEG Anwälte seine Aussage dahingehend, dass diese Prognose davon abhängt, ob Michael Jackson für seine Medikamentenabhängigkeit hätte geholfen werden können.

Als die Geschworenen den Gerichtssaal verlassen hatten, warnte die vorsitzende Richterin die beiden Anwälte ferner, dass diese ihre Verwarnung ernst nehmen sollen oder es sonst zu einem ergebnislosen Prozess (dh. zu einem vorzeitigen Abbruch ohne Urteil der Geschworenen) kommen könnte. Grund für diese Ermahnung war eine Zeugenaussage der Personalberaterin am letzten Dienstag. Jean Seawright hatte nämlich ausgesagt, dass ihrer Meinung nach, AEG Conrad Murray angestellt hatte. Richterin Palazuelos stellte jedoch klar, dass es an den Geschworenen liege zu beurteilen, ob Conrad Murray von AEG Live angestellt wurde oder nicht. Entsprechend hätte die Expertenzeugin nicht nach ihrer Meinung gefragt werden dürfen.

Quellen: jackson.ch, abclocal.go.com

Weiterlesen unter http://www.jackson.ch/the-jacksons-vs-aeg-live-zeugen-der-jacksons-32-teil/
Copyright © jackson.ch

Taj Jackson ‏@tajjackson3 11h
Thanks @CEThomson and everyone else for your help on this matter. Enough is enough.
8:55 PM - 9 Jul 13
> Antwort
Charles Thomson ‏@CEThomson 10h
@tajjackson3 You'e more than welcome. Journalists who lie on purpose must be held to account.
9:44 PM - 9 Jul 13


Taj Jackson ‏@tajjackson3 11h
“@CEThomson: @tajjackson3 But you, Taj, as a family member, can complain and they will be forced to launch an investigation.” Just made one.
8:54 PM - 9 Jul 13


Taj Jackson ‏@tajjackson3 8 Jul
“@13june2005: @tajjackson3 @TheMJAP @CEThomson here is the actual page to make the complaint - just type and click http://www.pcc.org.uk/complaints/form.html …”
7:25 PM - 8 Jul 13
> Antwort
Charles Thomson ‏@CEThomson 8 Jul
@tajjackson3 @13june2005 @TheMJAP But you, Taj, as a family member, can complain and they will be forced to launch an investigation.
Retweetet von Taj Jackson
8:17 PM - 8 Jul 13

Concert director brings tearful testimony to Michael Jackson death trial

By Alan Duke, CNN
updated 10:00 PM EDT, Wed July 10, 2013

STORY HIGHLIGHTS

* NEW: Kenny Ortega described a weak and paranoid Michael Jackson six days before his death
* NEW: Michael Jackson appeared revived in his last two days, Ortega testified
* NEW: Michael Jackson's oldest nephew, Taj, resumes his testimony Thursday
* Dr. Conrad Murray became Ortega's "lifeline" to getting Jackson to rehearsals

Los Angeles (CNN) -- Kenny Ortega choked up with emotion as he read aloud an e-mail he wrote days before Michael Jackson's death.

"He was like a lost boy," Ortega read. "There still may be a chance he can rise to the occasion if we get him the help he needs."

The director of Jackson's comeback concerts testified for a third day Wednesday in the wrongful death trial of AEG Live, the promoter and producer of the This Is It tour.

"I'm not OK right now," Ortega told the judge. "Can I have a second?"

Judge Yvette Palazuelos allowed Ortega to go alone into the jury room for several minutes before returning for more testimony.

It was one of several times that Ortega shed tears during testimony that described a weak and paranoid Michael Jackson six days before his death, but a revived Michael Jackson in his last two days. Jackson's mother, who is suing AEG Live, also cried as she listened to Ortega.

The Jacksons contend that AEG Live executives hired, retained or supervised Dr. Conrad Murray, who admitted to police he was giving the singer nightly infusions of propofol. The coroner ruled Jackson's June 25, 2009, death was the result of an overdose of the surgical anesthetic, which Murray said he was using to treat Jackson's insomnia. Murray was convicted of involuntary manslaughter.

AEG Live lawyers argue Jackson chose and controlled Murray, and their executives had no way of knowing about the dangerous treatments he was giving Jackson in the privacy of the entertainer's bedroom.

But, according to testimony and e-mails, AEG Live execs put Murray in charge of Jackson's rehearsal schedule after Ortega complained that Jackson had been missing so many rehearsals that the tour was in danger.

Jackson lawyers argued that Murray was influenced by a conflict of interest -- created by his arrangement with AEG Live -- to continue dangerous propofol infusions to help Jackson rest for rehearsals. He was $1 million in debt and had abandoned his medical practice two months earlier to serve as Jackson's personal physician for the tour. If he failed to get Jackson to rehearsals, the shows might be postponed or canceled and he would be out of a job, they argue.

Ortega: "I felt that we should stop"

After a poor rehearsal on June 13, 2009, and a missed rehearsal the next day, Ortega expressed his concern in an e-mail to AEG Live co-CEO Paul Gongaware: "Were you aware that MJ's Doctor didn't permit him to attend rehearsals yesterday? Are Randy and Frank (DiLeo, another Jackson manager) aware of this? Please have them stay on top of his health situation without invading MJ's privacy. It might be a good idea to talk with his Doctor to make sure everything MJ requires is in place."

The AEG Live executives later told him they met with Murray and put him in charge of getting Jackson to rehearsals, Ortega said. The director said he was told that if he needed to know whether Jackson was coming to a rehearsal, he should call the doctor. Ortega was given Murray's cell phone number, which he said he programmed into his own phone.

After Jackson was a no-show for another week, Ortega had a 30-minute conversation with Murray.

"I was told he was creating the schedule and the schedule wasn't working," Ortega testified. "He was my lifeline, so to speak." Ortega said he was venting his frustrations with Jackson and was "crying out."

While Jackson showed up on June 19, "he appeared lost, cold, afraid," Ortega said.

"I saw a Michael that frightened me, a Michael that was shivering and cold," Ortega testified. "I thought there was something emotional going on, deeply emotional, and something physical going on. He seemed fragile."

He persuaded Jackson not to go onstage that night because he was afraid he would hurt himself, he testified. Instead, Jackson agreed to watch the rehearsal with choreographer Travis Payne dancing his parts.

Jackson appeared paranoid and afraid, he said. "He was repeating for me not to quit or to leave him. He was afraid that I was going to quit or leave him."

With just a dozen days left for rehearsals before the touring company moved to London for the opening, Ortega testified, he was worried "that all that we had worked for together, Michael and I -- this dream, this desire -- was going to fall away."

Ortega testified that on June 19, he "felt that we should stop" the production, but he was "torn because I did not want to break Michael's heart."

Ortega sent a series of e-mails that night and the next morning to AEG Live executives warning that they needed professional help for Jackson.

"There are strong signs of paranoia, anxiety and obsessive-like behavior," Ortega wrote. "I think the very best thing we can do is get a top psychiatrist in to evaluate him ASAP. It's like there are two people there. One (deep inside) trying to hold on to what he was and still can be and not waiting us to quit him, the other in this weakened and troubled state."

Ortega testified that he was called to a meeting with AEG Live CEO Randy Phillips, Jackson and Murray at Jackson's home on June 20, hours after he sent those e-mails.

Murray angrily confronted him, Ortega testified. "He said I had no right to not let Michael rehearse, that Michael was physically and emotionally capable of handling all his responsibility as a performer and I should be a director and not an amateur doctor or psychologist. I should stick to my job and leave the rest to him."

Jackson died while under Murray's care five days later, in a bedroom just upstairs from the parlor where the meeting took place.

"A metamorphosis"

A much different Jackson appeared at the next scheduled rehearsal on June 23. "It was miraculous," Ortega testified.

"I was overjoyed at his energy, his state of mind, his enthusiasm," he said. "He had a metamorphosis. It was pretty extraordinary."

Murray told investigators he stopped using propofol to induce Jackson's sleep for the two previous nights -- after 60 nights of it. Jackson lawyers contend that is why Jackson was revitalized.

Ortega said Jackson appeared to have gotten "real sleep, organic sleep."

A sleep expert testified last month that someone can recover quickly from heavy use of propofol, which interrupts the normal sleep cycles. All of the symptoms that Ortega saw in Jackson on June 19 suggested Jackson had been deprived of real sleep for weeks, the expert said.

Jurors watched a video of "Earth Song," the final song Jackson performed at the June 24 rehearsal -- his last. "I love this piece," Ortega said as he watched.

"Our boy is gone"

Ortega was standing on the Staples Center stage in Los Angeles the next day when he got a call from AEG Live Co-CEO Paul Gongaware telling him Jackson was dead.

"Our boy is gone" Gongaware told him, he said.

"I think I was in shock," Ortega said. "I wanted to believe that it was some weirdo on the phone."

Ortega, who had worked with Jackson on other tours and projects, testified Tuesday that he would have been less likely to agree to direct This Is It if he had known what happened the day Jackson was to appear in London to announce the tour.

AEG Live CEO Randy Phillips testified last month that he "slapped" and "screamed" at Jackson because he was "nerve-racked" on that day, March 5, 2009. Phillips recounted that it was "a miracle" that a "drunk and despondent" Jackson finally appeared at the London event. AEG was hosting thousands of Jackson fans and hundreds of journalists for the anticipated announcement, which was to be seen live around the world.

"I screamed at him so loud the walls were shaking," Phillips wrote to AEG parent company CEO Tim Leiweke. "Tohme (Jackson's manager) and I have dressed him, and they are finishing his hair, and then we are rushing to the O2. This is the scariest thing I have ever seen. He's an emotionally paralyzed mess, filled with self-loathing and doubt now that it is show time. He is scared to death. Right now I just want to get through this press conference."

AEG Live executives did not tell Ortega about the incident when they approached him days later to direct the show, he said. He would have been "less likely" to accept the job had he known, because of his concern about how the preparation for the tour would affect Jackson emotionally and physically, he said.

Taj Jackson, Michael Jackson's oldest nephew, returns to the witness stand Thursday morning to continue his testimony begun last month.

The trial, which is in its 11th week, is expected to conclude sometime in August. The Jackson lawyers said they should call their last witness next week, which would be followed by AEG Live presenting its defense.

http://www.cnn.com/2013/07/10/showbiz/jackson-death-trial/?hpt=hp_t2

Tour director in tears as he recalls Michael Jackson's decline

By Jeff Gottlieb
July 10, 2013, 1:56 p.m.

The director of Michael Jackson's ill-fated "This Is It" concert series in London broke down on the witness stand Wednesday as he read an email he wrote five days before the singer died in which he described Jackson's deteriorating physical and mental condition and suggested the performer needed to see a therapist.

The June 20, 2009, email from Kenny Ortega to Randy Phillips, chief executive of AEG Live, had been shown to the jury previously in the wrongful death case, but it never packed the emotional wallop of Ortega's reading.

“My concern is, now that we’ve brought the doctor in to the fold and have played the tough love, now or never card, is that the artist may be unable to rise to the occasion due to the real emotional stuff," Ortega wrote. "He appeared quite weak and fatigued this evening. He had a terrible case of the chills, was trembling, ranting and obsessing.

“Everything in me says he should be psychologically evaluated. If we have any chance at all to get him back in the light, it’s going to take a strong therapist to help him through this as well as immediate physical nurturing.... Finally, it’s important for everyone to know, I believe that he really wants this. It would shatter him, break his heart if we pulled the plug.

“He’s terribly frightened it’s all going to go away. He asked me repeatedly tonight if I was going to leave him. He was practically begging for my confidence. It broke my heart. He was like a lost boy. There still may be a chance he can rise to the occasion if we get him the help he needs.”

As Ortega read the email out loud, he paused between words, then began to cry. He took off his wire-rimmed glasses and wiped his eyes with a tissue. "I'm not OK right now," he said, and the judge called a 10-minute recess.

Katherine Jackson, Michael's mother, also was wiping away tears.

When Ortega returned to the courtroom, he could be overheard telling Brian Panish, the Jackson family's attorney: "It's devastating."

Katherine Jackson and Michael's three children are suing AEG Live and two of its executives, saying they negligently hired and controlled Conrad Murray, the doctor who gave the singer the fatal dose of the anesthetic propofol on June 25, 2009. AEG says that Murray worked for Jackson and that any money the company was supposed to pay him was an advance that the singer would have had to repay.

Ortega's email came after Jackson, who had been coming to rehearsal sporadically, failed to show up several days in a row. He finally showed up in a condition that alarmed Ortega and others, less than three weeks before the first concert was scheduled in London.

"I saw a Michael that frightened me," Ortega testified.

He said Jackson, who had come to the Forum, where rehearsals were taking place, for a costume fitting, looked emaciated.

"I observed Michael like I had never seen him before, and it troubled me deeply, " Ortega said.

The director, who had worked with Jackson on his "Dangerous" tour in the early 1990s and on several other occasions, called Murray several times but never spoke to him that night.

He said there was no question Jackson needed a doctor.

“I wanted someone who was a professional to be aware that Michael had showed up in this condition,” he said.

http://www.latimes.com/local/lanow/la-me-ln-michael-jackson-decline-20130710,0,7522912.story

Anthony McCartney ‏@mccartneyAP 2h
The Jackson vs AEG Live trial resumes tomorrow at 9:45 a.m. I'll be back in court then. My last story here: http://yhoo.it/12i9BkG

Yahoo! News
Director says Jackson's condition frightened him

LOS ANGELES (AP) — The director of Michael Jackson's ill-fated comeback concerts told a jury on Wednesday that he was frightened when Jackson was shivering and seemed lost at one of his final...
5:56 AM - 11 Jul 13



Director says Jackson's condition frightened him

Associated Press
ANTHONY McCARTNEY 6 hours ago

LOS ANGELES (AP) — The director of Michael Jackson's ill-fated comeback concerts told a jury on Wednesday that he was frightened when Jackson was shivering and seemed lost at one of his final rehearsals for the "This Is It" shows.

The rehearsal occurred six days before Jackson died in June 2009, Kenny Ortega testified during a negligence lawsuit filed by Jackson's mother against AEG Live LLC, the promoter of the concerts.

"I saw a Michael that frightened me," Ortega said, calling Jackson's appearance "very, very troubling."

Jackson wasn't coherent when he arrived that day but improved somewhat as the night went on, Ortega said. The singer didn't rehearse that night — the first time the director recalled seeing him after numerous missed rehearsals.

Court proceedings were briefly recessed when Ortega broke down while reading an email he sent to the CEO of AEG Live LLC hours after the rehearsal in which he described Jackson as a "lost boy." The singer's mother Katherine Jackson also appeared to cry during the proceedings.

Ortega said he was trying to alert AEG Live officials about Jackson's condition and trusted them to get the singer appropriate care.

Instead, Ortega said he was confronted by Jackson's doctor, Conrad Murray, during a tense meeting the following day. Ortega said Murray assured him and AEG Live CEO Randy Phillips that Jackson was capable of rehearsing.

Ortega also recalled that Phillips didn't speak up during the meeting, which he left after about 15 minutes.

The director said on cross-examination that he believed Phillips and another top executive, Paul Gongaware, cared for Jackson. "I felt they loved him," Ortega said, adding that he doesn't think that sentiment has changed since they were sued by Katherine Jackson.

Jackson's mother is suing AEG Live, claiming the company missed warning signs about her son's health and failed to properly investigate the doctor later convicted of involuntary manslaughter after giving the singer an overdose of the anesthetic propofol.

AEG denies it hired Murray. The company also says there was no way it could have known the doctor was giving Jackson propofol as a sleep aid.

Ortega also said Jackson appeared to be under the influence of a substance on at least four occasions when he did attend rehearsals. Jackson's state was "fairly obvious" to others involved in the production, he said.

He told jurors that he sent the email describing Jackson's poor condition during the rehearsal to Phillips to suggest the singer needed professional help. He also said that based on Jackson's condition, he didn't believe the "This Is It" shows could go forward, but he hoped there would be a turnaround.

The director said he repeatedly called Murray that night, and his only concern was for Jackson's health. Ortega and Jackson worked on two previous concert tours and had been friends for years.

"I tried the doctor who I thought would be the most natural person" to help, Ortega said. "Then I reached out to AEG, Michael's partners, to make sure they were aware of how I felt and what I saw."

Jurors hearing the case have heard about Jackson's inability to rehearse from other witnesses, but Ortega was the highest-ranking tour worker to testify at the civil trial and had the most direct contact with AEG executives and Jackson.

Ortega said it was the only concert he had ever worked on where he had to coordinate a rehearsal schedule with a performer's doctor and concert promoter.

http://news.yahoo.com/director-says-jacksons-condition-frightened-him-193618129.html;_ylt=A2KJ2UhyuN1RDwUAgSPQtDMD

MJJCommunity ‏@MJJCommunity 11h
Message From The Estate Of Michael Jackson regarding recent tabloid stories : We know many fans have been (cont) http://tl.gd/n_1rl9h88
Retweetet von Ivy
9:19 PM - 10 Jul 13 ·


(cont) http://www.twitlonger.com/show/n_1rl9h88

Message From The Estate Of Michael Jackson regarding recent tabloid stories :

We know many fans have been upset by recent tabloid stories in the UK about Michael. In his song “Tabloid Junkie” Michael Jackson sings: Just because you read it in a magazine or see it on a TV screen doesn't make it factual.

Sadly, we were recently reminded of just how prophetic Michael’s lyrics were when these disgraceful, stale and discredited stories more than two decades old were published making unfounded allegations about Michael and so-called FBI “files.” It should be no surprise that one of the authors of this rehash has a long history of writing tabloid articles about Michael. It also should be noted that he formerly was a top editor at a scandal-ridden British tabloid that folded following revelations that the phones of celebrities, public figures and even a child murder victim were illegally hacked. Even more unseemly was one press account in which the tabloid’s source was identified as a former investigator whose license was revoked and who also has filed for bankruptcy. He isn't denying that he was paid to tell these falsehoods, but he is boasting about his pornography career. It goes without saying that this callous and brazen disregard shown Michael’s children, family and fans is beyond reprehensible.


Responsible journalists who don’t practice checkbook journalism have thoroughly debunked this disgusting story and its unreliable sources. Showbiz411 titled its story: “ ‘FBI Files’ Are From People Discredited Long Time Ago” (http://www.showbiz411.com/2013/06/30/michael-jackson-fbi-files-are-from-people-discredited-long-time-ago). CNN called the London tabloid reports a “questionable” rehash while noting that, “A website can enjoy a sharp spike in traffic -- which can translate into advertising revenue -- with a sensational headline” (http://www.cnn.com/2013/07/03/showbiz/michael-jackson-files) in describing how media can play fast and loose with the truth to drive viewers or readers to their site.


We believe unethical tabloid journalists and publications spreading falsehoods about Michael for their own selfish reasons are best ignored. Sadly, they hide shamelessly behind a legal shield allowing them to smear those who are no longer with us. As readers abandon them and their businesses collapse, they desperately seek attention and publicity. We don’t believe they deserve it, and are confident that discredited articles such as these vanish quickly and are easily forgotten.


Rest assured that Michael’s legacy is his artistic genius. It’s his humanitarian work that touched millions, and his global messages of peace. Most important, Michael’s legacy is his enduring love for his children, his family and his fans.


- John Branca and John McClain, Co-Executors, The Estate Of Michael Jackson

MJJCommunity ‏@MJJCommunity 11h
Message from The Estate on the Tabloids http://mjjc.info/1djprk1 #MJNews
9:22 PM - 10 Jul 13

http://www.mjjcommunity.com/forum/threads/129818-Message-from-The-Estate-on-the-Tabloids/page2?p=3865345#post3865345

MJJCommunity ‏@MJJCommunity 54m
Brenda Richie: Murray out of jail on October 27 http://mjjc.info/1dlZMaq #MJNews
12:35 PM - 11 Jul 13


http://www.mjjcommunity.com/forum/threads/129821-Brenda-Richie-Murray-out-of-jail-on-October-27?p=3865634#post3865634


Brenda Harvey Richie ‏@BrendaRichie 9h
Conrad Murray is getting a get out of jail card on October 27, 2013!

Brenda Harvey Richie ‏@BrendaRichie 4h
CONRAD MURRAY SCHEDULED TO BE RELEASED OCTOBER 27, 2013! 50 per cent of his time! Should have been life!

Brenda Harvey Richie ‏@BrendaRichie 3h
WHEN MURRAY IS RELEASED HE NEEDS TO LEAVE THIS COUNTRY!

Brenda Harvey Richie ‏@BrendaRichie 3h
THE ARROGANCE OF MURRAY TO TRY AND GET HIS MEDICAL LICENSE BACK! HE DOESN'T BELIEVE HE DID ANYTHING WRONG!

Quelle: MJJC ~ Eintrag #46 ~ User: Ivy
http://www.mjjcommunity.com/forum/threads/129265-Katherine-Jackson-vs-AEG-Live-Daily-Trial-Testimony-Summary/page4



Jacksons vs AEG - Day 44 – July 8 2013 – Summary

Katherine and Rebbie Jackson is at court.

Dr. Stuart Finkelstein Deposition Video

Dr. Finkelstein said he worked at Cerritos Family Clinic until 2 years ago with his ex-wife Petra Wong, now works at Stuart Finkelstein, MD. Dr. Finkelstein is a specialist in internal and addiction medicine. He described his experience and residency to the jury. He is a leader in treating addiction for over 20 years and he said he considers himself an expert. (ABC7)

Dr. Finkelstein was hired to work on the Dangerous Tour in 1993. He said he was in Bangkok, MJ performed a concert. After he performed, Dr. Finkelstein said he was requested to go to MJ's hotel room. (ABC7)

Boyle: Who hired you for Dangerous Tour? Dr. Finkelstein: Marcel Avram B: What was your role? Dr: To be the physician for the crew (ABC7)

Dr. Finkelstein said he was not hired to treat the artist. But in Bangkok, he was called by security. "He said you need to go to the principal." the doctor recalled. Dr. Finkelstein: He appeared to be in pain, I was put on the phone with his treating physician in Los Angeles, Dr. Alan Metzger. Dr Metzger said MJ was had severe headache, was in a lot of pain. Dr Finkelstein said he didn't remember if he was told what medicine to use. Dr. Finkelstein said he tried to give him a shot but his butt was so abscessed the needle almost bent. "I thought it was not safe," he said. Dr. Finkelstein administered morphine instead. In 1993, the doctor said he was not an expert in addiction. Boyle: But you were spending half of your time in addiction medicine? Dr. Finkelstein: I knew what I was doing and I was qualified, licensed. Dr. Finkelstein: I spent the next 24 hours in his room intermittently administering medication 'til MJ was capable going on stage in Bangkok. The doctor said he administered morphine and IV fluids. MJ was conscious and speaking. The doctor said they were watching 3 Stooges and having squirt gun fights. They talked about growing up in Encino on Hayvenhurst. Boyle: You became confident he was capable of going on tour? Dr Finkelstein: Bad question,I administered medicine until he could go on stage. Dr. Finkelstein watched MJ on stage and said he was able to perform. The second concert in Bangkok was postponed for one day. The doctor said the publicist told him to go on CNN and say MJ put so much effort in the show and was dehydrated. (ABC7)

Dr. Finkelstein said MJ had an opiate problem, dependency. Dr. Finkelstein: MJ had 100 micro gram duragesic patch on and there were 2 ampules of Demerol that were sent to him with another crew member. The doctor said he had someone he felt that obviously had received a lot of medication in the past, had a high tolerance to medication. Dr Finkelstein: It was early in my training, but it was obviously a concern for me. Duragesic is also called Fentanyl, another opiate. Boyle: You testified about 2 ampules – what were you talking about, the ampules of Demerol? Dr. Finkelstein: We are talking about natural opiates and synthetic opiates. The patch, the medication is absorbed through the skin. The doctor said the ampules were given to him by the make artist, Karen Faye. They were for MJ. (ABC7)

Boyle: There were four factors that lead you to believe MJ was an opioid dependent? Dr. Finkelstein: Yes, the patch, 2 ampules of Demerol from Karen Faye, observation that MJ had a high tolerance and scarring on his buttocks. "He had obviously had multiple injections in his buttocks prior to coming to Bangkok," Dr. Finkelstein said. (ABC7)

Paul Gongaware used to be the road manager for Rick James, Dr. Finkelstein said. He and Gongaware used to go skiing together. Dr. Finkelstein said Gongaware called him to go on a rock tour in 1993. The doctor would be paid by the promoter. (ABC7)

The doctor said he postponed the Bangkok tour. "I think we are going to have a problem," Dr. Finkelstein told Gongaware. Dr. Finkelstein said he told Gongaware he didn't want to be a Doctor Nick. Doctor Nick was Elvis Presley's doctor. Dr. Finkelstein said Elvis had about 14 different drugs in his system when he died. "You don’t want to overdose a rock star and have a rockstar die on you," Dr. Finkelstein explained. (ABC7)

Dr Finkelstein: When I tried to administer the medication and his butt was abscessed, I tried to give promoters heads up there was a problem.He said he believed MJ had a drug problem. "But no one believed me," Dr. Finkelstein said. Dr. Finkelstein: I was not hired as an addiction specialist but a family doctor to come on tour. The doctor said they began believing him in Mexico City during the Dangerous Tour. (ABC7)

After Dr. Finkelstein treated MJ, an English doctor was brought in, Dr. Forecast. One day, Dr. Finkelstein said he returned from a pyramid trip and his suitcase with all the medication had been broken in to. Dr. Finkelstein said Dr. Forecast broke into his suitcase to get pain medications to give to MJ. Dr. Finkelstein said he wanted to detox MJ in Switzerland and go on tour. Dr. Forecast was the other doctor treating MJ. Dr. Finkelstein said he had enough medication for all 160 people going on tour, any scenario. (ABC7)

Dr. Finkelstein: The head powers got together. They called in Elizabeth Taylor to do an intervention and took MJ to a Hospital in London. Dr. Finkelstein said he didn't know exactly who the powers that be were. "He didn't collapse," Dr. Finkelstein said. "It seemed it was getting a harder and harder time to manage his pain." There was also a video deposition of MJ in Mexico City related to the Chandler child molestation case. The stress increased MJ's urge for opioids, Dr. Finkelstein said. Elisabeth Taylor personally went to Mexico City to deal with MJ. (ABC7)

Dr. Finkelstein said Dr. Forecast took care of the principal, Mr. Jackson. He does not know who was paying Dr. Forecast. (ABC7)

Finkelstein and Gongaware are friends, he said. Boyle: Did you discuss with Mr. Gongaware about MJ's opioid dependency? Dr Finkelstein: Yes (ABC7)


Dr. Finkelstein: I know that I administered pain medication one other time when Dr. Forecast was not available. "I saw Dr. Forecast administer pain medication in Mexico City during the deposition," Dr. Finkelstein said. Dr. Finkelstein said he and Dr. Forecast were in communications and Dr Forecast was concerned in being blamed for work done by previous docs. (ABC7)

Boyle: Is substance abuse a character flaw?
Dr. Finkelstein: No. I believe it to be either genetically pre-disposed, or people who get exposed to these chemicals their brain changes (ABC7)

"He was a sweetheart, kind, gentle, fun," Dr. Finkelstein said about MJ. "Based on my observation, he was kind to everyone." (ABC7)

Boyle: Gongware was aware of problems MJ was having? Dr. Finkelstein: Yes (ABC7)

Dr. Finkelstein said he and Dr. Forecast agreed that MJ needed an intervention and detox. (ABC7)

Dr. Finkelstein explained his name is out there as a "Rock Doc," so he gets call from show producers and promoters to work at concerts. (ABC7)

Dr Finkelstein testified Gongaware called him about two months prior to MJ's death and told him MJ was going to tour in London, wanted a doctor. Dr. Finkelstein said he was excited about it, wanted to be MJ's physician, had 5-10 conversations with Gongaware about it. Dr. Finkelstein said he asked if Gongaware knew whether MJ was clean. The answer was yes. The doctor explained he would not want to go on tour if MJ had drug problems. "I didn't want to be Dr. Nick," Dr. Finkelstein said. Gongaware told him MJ was clean and passed a physical exam for insurance. Dr. Finkelstein said he would charge $40,000/month, $10,000/week. He remembers Dr. Murray asking for a lot of money to go on tour. (ABC7)

Dr. Finkelstein said there are not lot of cases of Propofol dependency, since it is a drug that's really hard to get. He said the mortality rate in Propofol dependents is really high, about 80%. Most of the dependents are in the medical field. Dr. Finkelstein said people from all walks of live can become opioid dependent. (ABC7)

The doctor's brother, Bob Finkelstein, worked at Concerts West with Paul Gongaware. He knows Randy Phillips socially. (ABC7)
Dr. Finkelstein said there were not a lot of discussions about the tour, since he didn't get the job. "Michael wanted someone else," Dr. Finkelstein said Gongaware told him. "Gongaware was my friend, tried to get me the job, I didn't get it." (ABC7)

Kathryn Cahan, attorney for AEG, did cross examination Dr. Finkelstein said he would administer 50-100 mg of Demerol in MJ, on his buttocksThe doctor said there were several scars on MJ's buttocks, which led him to conclude MJ was dependent in opioids. Dr. Finkelstein said the Demerol was prescribed by Dr. Alan Metzger in the name of Karen Faye. The drug was not for her, though. Dr. Finkelstein said he gave MJ 10 mg of morphine. The usual starting dose is 2 -4 mg, but MJ had high tolerance to opioids. The doctor said he believed MJ was in pain every time the doctor administered him morphine. (ABC7)

Cahan asked Dr. Finkelstein is he ever administered Propofol to Michael Jackson. He answered no, laughing. Dr. Finkelstein said his interaction with MJ was very limited. Dr. Forecast was in charge of the artist. When other doctors, like Steve Hoefflin and Arnold Klein, would come to a concert to visit, the show would get delayed, Dr. Finkelstein said. "Everything was secretive," Dr. Finkelstein said, explaining seems like no one ever knew the whole story. "it was compartmentalized and people were separated and segregated," Dr. Finkelstein said. Dr. Klein -- would show up at concerts very frequently, Dr. Hoefflin came a couple of times, would spend the weekend, Dr. Finkelstein said. (ABC7)

Dr. Finkelstein was asked to treat MJ in Mexico City when Dr. Forecast wasn't around. MJ had back pain, Dr. Finkelstein gave him morphine. Dr Finkelstein said Narcan is antidote to opioids. He had it handy. "If I am going to administer medication I'm going to have a safety plan" (ABC7)


Dr. Finkelstein said he kept a journal of everything he did during the tour and he was backstage, his records were stolen. He said he left some records at his mom's house and purged MJ's record from 95 since he wasn't a patient for 7 years. (ABC7)
"Michael had a lot of pain, I administered a shot and left," Dr. Finkelstein said. (ABC7)

Finkelstein said he first suspected Jackson had a dependence on pain medications in 1993 while working on the "Dangerous" tour. He recounted spending 24 hours in the singer's hotel suite and administering morphine intravenously to deal with Jackson's pain.
He said he gave Jackson morphine during their first meeting because the singer's buttocks were scarred from previous unspecified treatments and he was concerned about giving an injection of the painkiller Demerol. He said he also noticed that Jackson appeared to have a high tolerance for morphine and had on a patch that administered another opiate drug. Finkelstein said he gave Jackson one other painkiller treatment before the "Dangerous" tour was halted after what he described as an intervention by Elizabeth Taylor and others in Mexico City. (AP)

Dr. Stuart Finkelstein said he was later asked by concert promoter AEG Live to act as Jackson's personal physician during the ill-fated "This Is It" tour in 2009 but wanted to know if Jackson was "clean." AEG executive Paul Gongaware said he didn't believe Jackson had any prescription drug issues, Finkelstein testified. Finkelstein said he and Gongaware had five to 10 conversations in 2009 about working on Jackson's "This Is It" shows. Finkelstein said he wanted $40,000 a month and was not hired. (AP)


Kenny Ortega Testimony

Before Kenny Ortega started testifying, judge heard arguments on whether he should be designated an “adverse” witness. Being classified an adverse witness doens't mean Ortega would be deemed hostile, just changes the way questions can be asked. Plaintiff’s attorney Brian Panish wanted him designated as an adverse witness, but AEG Live’s side said that was improper. The judge agreed the Ortega shouldn’t be deemed an adverse witness to start, but said she would revisit it depending on Ortega’s answers. Panish wanted the adverse witness designation because he claimed Ortega was an “agent” of AEG Live. The company objected to that label. (AP)

Jackson direct

Attorney for Jacksons Brian Panish did direct examination.

Ortega reviewed his deposition but did not read testimony given at Dr. Murray's criminal trial. Ortega said he read some articles about this trial. He also read Karen Faye's deposition, given to him by his attorney. The director was deposed in the Lloyds of London litigation for several days. (ABC7)

Panish asked what Ortega reviewed to prepare for his testimony. Ortega said he reviewed his own emails, Karen Faye’s deposition testimony, and his Conrad Murray criminal trial testimony. He said he didn't review his preliminary hearing testimony. Panish mentioned that Faye’s deposition was seven days, which drew an objection from Putnam. The lawyers sniped over how many days it lasted. Putnam also objected a couple times to Panish’s questions, saying they were leading. Judge overruled objections. Panish then told Ortega, “They’ll be objecting, so try not to let that distract you.” (AP)

Panish and Ortega then went over how the choreographer’s contract for the “This Is It” came about. (AP)Ortega said he had a contract with AEG Live. "I was working in communication with them," he said. For certain things, Ortega said he reported to Paul Gongaware and Randy Phillips. Ortega said his agent and attorney negotiated his contract with AEG Live. Gongaware represented AEG Live. Ortega said at one point his rep said the negotiation turned from AEG Live to Michael Jackson. He doesn't know the details, though. (ABC7)

Ortega was having trouble hearing Panish and at one point asked him to speak up. Ortega had trouble with a couple questions. Ortega: “I actually have hearing loss, so it’s not your fault.” Panish started speaking up, but proceedings became less tense. (AP) Ortega said he has earring loss, so he can't hear well. He asked Panish to speak up. (ABC7)

He said he's a director, choreographer and sometimes producer. "My role in This Is It, I was Michael's creative partner in the show." Ortega said for the creative part, he reported to Michael and to AEG regarding budget or scheduling. Ortega said AEG was Michael's partner in promoting and producing TII, and they were financers of the project. (ABC7) Panish asked Ortega about “This Is It” and his role on the shows. The choreographer said he was Michael Jackson’s creative partner. Ortega added that he reported on financial and scheduling issues to AEG Live. He says he kept them updated on the “creative growth.” (AP)

Panish asked whether Ortega has worked with AEG Live since “This is It.” He has, he worked on Rolling Stones’ recent tour. (AP) The director said he was called by Mick Jagger to work on the 50th anniversary tour, working with AEG. Ortega: I believe Mick Jagger just made me an offer and we accepted it. My agent called me, daily offer, I accepted. Ortega's rep dealt with Paul Gongaware in The Rolling Stones tour. (ABC7) Ortega said he saw the Stones’ show when it was in LA. He saw and talked to Paul Gongaware at the show. Ortega said he saw Randy Phillips at the Stones’ show as well, but they didn’t speak. Ortega said he's friends with Gongaware, Phillips. Panish asked Ortega whether he was friends with Michael Jackson. The choreographer said yes. (AP)

Panish: Do you consider yourself friend with Gongaware? Ortega: Yes
Panish: Do you consider yourself friend with Randy Phillips? Ortega: Yes
Panish: Do you consider yourself friend with MJ? Ortega: Yes (ABC7)

Ortega was originally named a defendant in this case. Panish asked if he knew why he was dismissed from the suit. "I'm not an employee of AEG," Ortega responded. (ABC7) Panish mentioned that Ortega was originally a named defendant in the suit. He asked if Ortega knew why he was dismissed. He said yes. The director said he believed he was dismissed because he wasn’t an employee of AEG Live. (AP)

Panish then asked Ortega about his biography. He was born in Redwood City, Calif. and grew up in San Mateo County. He talked about seeing the Jackson 5 in local theater when he was growing up. He saw Michael Jackson after the show. Ortega: “Michael was walking through the backstage and he made eye contact with me. ... I was in just in such awe of him and the brothers.” “It was such a momentous moment for me, it was like being touched by a star,” Ortega said of seeing Michael Jackson. Panish then asked Ortega about his credits. He’s directed films in the “High School Musical” franchise, “Newsies.” He also did the choreography for “Dirty Dancing,” the Chicago parade scenes in “Ferris Bueller’s Day Off” and Madonna’s “Material Girl” video. Panish played clips from all of the movies and Madonna video mentioned above to show off Ortega’s credentials. (AP)

Ortega said he is from Redwood City, CA, grew up in the Bay area. Ortega said he started dancing when he was 4 years old. There was always music at his house, watched his parents dance. He opened up his own theater company when he was 18. Ortega said around 1963-64, Michael was walking through backstage they made eye contact. "He looked at me and smiled. I was overwhelmed," Ortega said. Ortega: I was in such awe of him and the brothers. It was such a momentous moment for me, it was like being touched by a star. Choreographer creates the dance steps, movements in a stage show or concert or musical, Ortega explained. Ortega said he didn't do the choreography for the This Is It tour. It was lots of people, some was classic and belonged to MJ for some time. Travis Payne was MJ's partner for the new choreography in TII. Ortega worked on High School Musical 1, 2 and 3, Dirty Dancing, Newsies, Pretty in Pink, St. Elmo's Fire, etc. Ortega did choreography for Cher, Madonna, Kiss, Diana Ross, Barbra Streisand, Bette Midler. Panish showed a video clip of Madonna's "Material Girl." Ortega has been asked to do a new "Dirty Dancing" but he's not sure it will happen.Panish showed excerpt of it with Patrick Swayze and Jennifer Grey; snippet of "Newsies," 1st full-length picture he directed/choreographed. Panish showed clip of High School Musical. He directed and choreographed 1, 2 and 3. HS Musical 1 and 2 were released on TV only, 3 was a movie. "It was the number one opening weekend of any musical ever," Ortega said. (ABC7)

Michael and the children went to see High School Musical in Las Vegas. Panish: How did it make you feel? Ortega: (long pause) I'm speechless, I can't think P: Was that a big thrill? O: Beyond. "I know for sure Paris was singing, they were all standing and enjoying it," Ortega recalled. MJ went backstage. "The cast, they were just crying, and screaming, and just speechless," Ortega said. "He was very generous, very sweet and kind to everyone," Ortega said about Michael Jackson. (ABC7) Ortega recounted when the “High School Musical” live tour played in Las Vegas, Michael Jackson brought his children to the show. Prince, Paris and Blanket stood throughout the show, clapping and singing along to some of the songs, Ortega said. Ortega recounted the cast’s reaction to meeting Jackson. “They were just crying, screaming and speechless,” Ortega recalled. (AP)


Ortega choreographed the 96 Olympics in Atlanta, 2002 Winter Olympics in Salt Lake City, Super Bowl half time, World Cup. Ortega: Choreography is about the movement of the human body, technique, dance language, physical, how to instruct (ABC7)

Ortega first met MJ in 1990. "MJ called me to help mount the Dangerous Tour," he said. "I felt incredible, he was the greatest performer on the planet and as far as I'm concerned. The greatest song and dance man ever." He said he was co-director of Dangerous with MJ. MJ had a ton of ideas, asked him to realize those on stage. "It was exciting, stimulating, awesome," Ortega said. Ortega described Michael Jackson: Musician: world class Singer: one of a kind Dancer: the best. (ABC7)

The choreographer recalled MJ calling him in 1990 to work the “Dangerous” tour. Ortega said he was excited to work with Jackson. “He was the greatest performer on the planet as far as I was concerned.” Ortega was very complementary of Jackson. “I think he was the most influential dancer for generations of kids,” he said at one point. Panish then played the opening of the “This is It” concert film. It’s the part featuring the backup dancers talking about MJ’s influence. He said Jackson said “This Is It” was primarily Jackson’s vision. “He wanted to rock the world, he wanted them to know he was back.” Panish then showed Ortega the opening of the “Dangerous” tour. Jackson popped up on stage, stood there for several moments. Ortega explained the effects. Jackson emerged from a “toaster” _ a device that “popped you up like a piece of toast.” Jackson’s long pause on stage _ to an endless cheer _ was what the singer would call “milking the crowd,” Ortega recalled. He said Jackson differed from some other performers. He wanted his concert openings to be huge. Panish asked Ortega whether he knew that Jackson donated “Dangerous” profits to charity. Ortega said he didn’t know that. The lawyer also wanted Ortega to describe one of Jackson’s trips to an orphanage in Romania. Ortega said he didn’t recall the visit. (AP)

Ortega has worked in the industry for over 40 years. Panish asked Ortega how MJ influenced other dancers. "Like no one else in his generation," Ortega said. "I think he was the most influential dancer for generations of kids still even today. Panish showed clip of "This Is It" movie showing the young dancers who had been chosen to dance with MJ and how he influenced them. Ortega: It was primarily Michael's vision that I shared. He wanted to put on the greatest show that anyone had ever seen. "He wanted to rock the world," Ortega said. "He wanted to let them know he was back." The opening of the show was significant to MJ. He wanted the audience to think how will be able to top that!, Ortega testified. "He always wanted something that was world class and thrilling," Ortega said. Ortega helped prepared the opening of the Dangerous tour in 1992. Michael would enter the stage in what they called "toaster." The "toaster" popped up and gave illusion of flying. Ortega said MJ would then stand still on stage for a few minutes. "He would call that milking the crowd," Ortega explained. "He knew how to work the crowd better than anybody." Panish showed clip of opening of Dangerous. "It was one of the most spectacular openings that anyone has seen or done," Ortega said. "It left people breathless," Ortega said. MJ went to an orphanage in Romania before going to his hotel. Ortega said MJ didn't want to do the show before the orphanage was cleaned up. MJ wanted to make sure every child had what they needed, Ortega explained. Ortega said MJ wanted to improve the human condition for children around the world. (ABC7)

Ortega was asked whether he knew if Jackson was addicted to painkillers on the “Dangerous” tour. He said he didn’t know. Ortega said he didn’t know, even up until today, that Jackson had problems with painkillers during “Dangerous” shows. (AP) Panish: Did you know Michael was dependent on painkillers? Ortega: No P: Never heard of that? O: No P: To this day? O: No (ABC7) The choreographer said he had no role in ending “Dangerous” tour. Ortega said he knew Jackson suffered pain, but never saw him take meds. Ortega was asked at one point whether he ever saw Jackson act different after doctor visits. He said yes.He described MJ as "off." (AP)

In 1995, Ortega was acting as a consultant to MJ for an event at Beacon Theater in NY. Panish: Did you ever become aware he was not well? Ortega: He was unhappy. Ortega: He called me in because he was unhappy with what was going on with his classic choreography, he didn't want it to be changed. Ortega said MJ fainted and the show was cancelled. Panish: Can we say he collapsed? Ortega: Yes. MJ was then transported to the hospital by ambulance. "It could've been exhaustion, I don't know, I don't recall," Ortega said. (ABC7) Ortega was also asked about preparing Jackson for shows at NY’s Beacon Theatre. He was asked whether he grew concerned about MJ’s condition. The choreographer responded that he knew Jackson was unhappy. He said MJ told him he was displeased because of changes to his dance moves. Ortega: “He didn’t want some of his work changed.” He was there when Jackson collapsed on stage. Ortega described the incident this way: “It appeared that he fainted and the show was canceled.” Panish asked him whether it would be fair to say he collapsed. Ortega replied, “It could have been.” He said he knows Jackson was taken by ambulance, but didn’t know more details. (AP)

The pair next worked together on the “HIStory” tour. Ortega said he never had any problems working with Jackson. He said MJ described any differences as “creative jousting.” (AP) In "HIStory" tour Ortega and MJ were co-creators & co-directors. "We used to call creative jousting," Ortega described the creative process. Ortega: We didn't always agree on 100%, we allowed ourselves to have creative joust, to play with the ideas and allowed it to ripe. Panish: Was his creativity or demeanor different? Ortega: He was still inspired, raised the bar on himself and on everyone working with him. Ortega: The video used for the show would have subtitles saying love one another, take care of the planet, take care of the children. (ABC7)

Ortega said he went on first 6 or so dates on both "Dangerous" and "HIStory" tour. He explained it was the normal amount. (ABC7)

Panish showed video of "HIStory" tour opening. Ortega said MJ wanted his music to inspire change in the world. "Greatest example of it is Man in the Mirror," Ortega said. "Change needs to happen within each of us for a change in the world to happen. Ortega said the song "What About Us?" showed Michael's deep concern about healing the planet. "And that went deep," Ortega said. Panish showed clip of Earth song. Ortega talked about shows that MJ did for charity. (ABC7) Panish then played the opening video from the “HIStory” tour, which uses computer animations to show Jackson in a pod. The pod went on a roller coaster track through historical places (the Sphinx, Chrysler Building) and historical events played. When the video ended, a pod rose from the stage and Jackson appeared. He shed his helmet and suit and began dancing. Ortega said it was important to Jackson that he inspire change. (AP)

He was then asked about the Munich show, when a bridge fell with MJ on it. Jackson continued performing, but Ortega said he was taken to the hospital after the show. MJ reported back pain after that. (AP) Ortega: In Munich, Michael was on a set held up by cables. During the big conclusion of Earth song there was a bridge supposed to float down. Ortega said because an improper cable replacement, the bridge came down faster that it was supposed to. "I know he hurt his back," Ortega said. MJ jumped up and went back on the stage. "The show must go on." Ortega said he thinks MJ had back problems afterwards. But the director said he never saw MJ take medication. (ABC7)

Panish: Did you observe MJ different after seeing a doctor? Ortega: Yes P: Please explain O: Off, a little off P: Loopy? O: Yeah. "He was a little... off, loopy," Ortega said. Panish: Did anyone tell you they thought MJ was 'assisted' with something? Ortega: No. Ortega: The scalp burn, I didn't know he was taking medication for it, I knew he was injured from the Pepsi commercial. (ABC7)

Ortega said TII was going to be in London and there was hope for international tour. Ortega: If the show were to go on to other countries, then I would receive royalties, yes (ABC7)

Panish started asking about preps for “This Is It.” AEG Live reached out to Ortega about working with Jackson on the London shows. A few new emails were displayed before court ended. (AP) Ortega said Paul Gongaware and John Meglan were the ones who contacted him about being part of the TII tour. Email on Feb 10, 2009 from Gongaware to Ortega was the first email the director remembers about the TII. Ortega said MJ kept referring to the tour as "This Is It," so Ortega suggested the tour should be called TII. At this time, Ortega was working on development of movie for Paramount, "Footloose" remake. He was going to direct it. At times, Ortega said he can work in multiple projects, but once one takes off he needs to be exclusive to it. (ABC7)

Ortega said Randy Phillips never told him what happened before the TII press conference with Michael Jackson. He said had he known, it would have had an impact on whether to go forward with TII. "I didn't know anything had happened and I wasn't there, so there wasn't anything to be surprised about," Ortega said"Honestly, I didn't even know if it was for sure," Ortega said. He testified in his depo he was surprised Phillips didn't tell him anything. (ABC7) Panish asked Ortega whether Randy Phillips told him about Jackson’s behavior before the “This Is It” press conference. Ortega said no. Ortega said if he had known about Phillips’ description of Jackson being despondent, it might have impacted his decision to work on show. (AP)

Panish then showed a couple new emails between Ortega and Paul Gongaware. They were about the “This Is It” ticket sales. Gongaware email to Ortega: “Blew out 30 shows today on the presale. Hot doesn’t begin to describe it!" Ortega replied: “I’d say we’re off to a good start LOL congrats to all at AEG!” In another email from March 13, 2009, Gongaware told Ortega they stopped selling tickets at 50 shows. The men also planned a meeting with Jackson at Sony Studios to show off some new effects, the second email showed. AEG Live objected to the emails, saying they weren’t on the exhibit list. Jackson attorneys said they were. (AP)

Email on 3/12/09 from Gongaware to Ortega: Blew out 30 shows today on the presale. Hot doesn't begin to describe it. Ortega responded: I'd say we are off to a good start. Congrats to all. Gongaware responded: We stopped at 50 sold out shows at the O2 arena. Demand was there for another 50. This is history and you're part of it. Ortega responded: Yeah! Good for MJ, God knows he's been out through as much negative as any one person should have to go through. Great news, I couldn't be happier for the Team. (ABC7)

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Jacksons vs AEG - Day 45 – July 9 2013 – Summary

Katherine and Rebbie Jackson are in court.


Kenny Ortega Testimony


Jackson direct

Ortega said he didn't want to change any of his testimony from yesterday. His lawyer drove him home yesterday. (ABC7)

Panish began testimony by asking Ortega if he was familiar with his “This Is It” contract. Ortega said he’d need to see it to talk about it. Ortega was then asked who was paying his lawyer’s fees. Ortega said AEG Live was paying for his lawyer, but he picked the attorney. The director-choreographer said he hadn’t consulted with his attorney since yesterday about trial testimony. (AP) Ortega said he's not familiar with the details of his contract. Ortega chose his attorney for this case, but AEG is paying for it. (ABC7)

Panish asked Ortega about the Randy Phillips emails about the “This Is It” press conference. Ortega said yesterday he wasn’t told about problems preceding the conference. He said it would have impacted decision to work on “TII.” Panish asked if Ortega wouldn’t have worked on the shows knowing the problems because he cared about MJ. Ortega said yes. (AP) Panish asked how Ortega would've been impacted had he known MJ's condition on the day of the press conference. Panish: Less wanting to do it? Ortega: Yes P: Less wanting to do it because of MJ's condition? O: Yes. Panish: Because you cared about MJ's condition? Ortega: Yes (ABC7)

Panish asked if at times Ortega would want to meet with MJ alone. Ortega said yes. "In order to get into each other's head and for me to be in the same page with MJ on where his plans were for the show," Ortega explained. (ABC7)

Ortega said he was only involved in the negotiation of Travis Payne's payment. (ABC7)

Panish asked if AEG wanted to do production within reasonable costs. "I think that's general position of responsible producers," Ortega said. "I didn't discuss financing with MJ," Ortega said. (ABC7)

Ortega had not worked with MJ for more than 10 years. In terms of creativity, Ortega said not much had changed between the two. Jackson and Travis were more involved in the actual dance steps and performances, Ortega said. (ABC7)

"I think Baryshnikov and Michael battled it up to see who could do more multiple 360s," Ortega testified. Ortega said the turns are called pencil turns, and he compared MJ to the famous ballet dancer Mikhail Baryshnikov. (ABC7)

"My goal was to edit together the pieces to tell a story about what Michael's goals for the show were," Ortega explained. Ortega said he obviously wanted to make Michael look good, but the intention was to tell the story. (ABC7)

Panish showed an email with names of artists who were to be involved in the "This Is It" tour. Ortega said Karen Faye reached out to him, had already spoken with MJ about being part of the crew. Ortega said Bugzee was not the stage manager. He worked under Paul Gongaware as accountant, Ortega explained. "I wouldn't have called him stage manager," Ortega said about Bugzee (Houghdahl). Panish: Did you ask Bugzee to write an email on your behalf? Ortega: Not that I recall (ABC7)

Email on March 25, 2009 from Gongaware to Ortega: Kenny, I'm afraid we may not be able to meet your financial requirements for a deal. I'm totally bummed by this. Couldn't sleep last night trying to figure it out. We need to move forward quickly. Email cont'd: I know, but I haven't been able to find a way to make this work. My deepest, most sincere apology. Paul G (ABC7)


"I remember it had to be approved by Mr. Jackson," Ortega said about the email. He testified he never spoke about money with MJ. Judge asked what "financial requirements" meant to him, and Ortega said it referred to his salary. Panish: Were you surprised? Ortega: Was I surprised? No "Not what I expected, but sometimes negotiations take time," Ortega explained. Panish asked if this was a negotiation tactic? Ortega smiled and answered perhaps. Ortega didn't think the negotiations were dead. He kept working in good faith. Ortega and Payne share the same agent (Julie McDonald). He and Payne continued working without a contract. "It was my hope and in the end we would come to terms," Ortega said. Ortega: It would all work out and I kept the faith that that would happen. Ortega said he performed auditions for dancers, singers, band and interviewed various people for various designer's role. (ABC7)

Ortega doesn't know when he signed his contract. Panish showed a copy of Ortega's contract. It was executed on April 25, 2009. Ortega did not have a written agreement when he did the dancers audition. (ABC7)

Ortega Contract: The principal terms and conditions of Employer and Employee's engagement for the Concerts are set forth in the agreement. (the "Agreement) between Company, on the one hand, and Employer and Employee, on the other hand, as previously confirmed in emails between the parties' representatives, which such emails are attached hereto as Exhibit "A" and incorporated herein by this reference. The contract says Ortega could get a total of $1.5 million, plus $100K for each of the five territories and $250K for the US. (ABC7)

The concerts were supposed to start in London on July 8. Ortega: Michael and I both wanted to extend our time before opening, so I felt comfortable taking the heat (of postponing it). "As a director of the show, I didn't feel we would be ready for the show's original dates," Ortega said. (ABC7)

Email on 5/19/09 from Ortega regarding the postponement of the show: I'm uncomfortable with the way the release reads at this moment. I feel strongly that it is unnecessary and misleading to both of the press and fans to suggest things as "staging is from another planet" or "never before seen staging." We are not doing the Chinese Olympics. (ABC7)

Ortega said they were exaggerating, and that he thought the press release was "creatively misleading." "The show got so big," Ortega explained, saying he needed an extra week to get it ready. Phillips is quoted in release that "this is a one-off adjustment do purely technical reasons and we don't anticipate any further changes." (ABC7)

Ortega met Dr. Murray at the Carolwood home in April or May. He remembers the doctor going to rehearsals once or twice. MJ went to 2 rehearsals at Staples, June 23rd and 24th. Ortega said Dr. Murray was involved in creating Michael's scheduling for rehearsals. It was either Phillips or Paul Gongaware who told Ortega Dr. Murray would be making MJ's schedule and would help MJ get to rehearsal. Panish: Who was responsible for the content of the show? Ortega: Michael Jackson. "First it was Dr. Murray and then Randy helped," Ortega said about MJ's rehearsal schedule. Dr. Murray would give Ortega the schedule rehearsal. Ortega said it was not unusual, but he never had a doctor give him artist's schedule. Panish: Was there a time you were concerned MJ wasn't showing up at rehearsals? Ortega: Yes (ABC7)

Email on June 23, 2009 from Timm Wooley to Bob Taylor: Changes are structural only: KO has responsibility only for the show content & structure in consultation with MJ. Randy Phillips and Dr. Murray are responsible for MJ's rehearsal and attendance. (ABC7)

Panish asked if Ortega had ever seen a situation where a CEO of a company was responsible for the artist's schedule/attendance. Ortega: No (ABC7)

"I just wanted him to come to rehearsal," Ortega said. "In terms of when he came I was willing to structure everything around that." "At some point, it became my number one concern," Ortega said about MJ showing up at rehearsals. (ABC7)

There were 4 calls between Dr. Murray and Ortega on June 18. One lasted 30 minutes. Ortega said they were already in rehearsals and the only reason KO would call Murray was to inquire about MJ's non-appearance at rehearsals. "My own frustrations" Ortega said explaining Murray was creating the schedule, which wasn't working. "He was my lifeline so to speak". Panish: Was Michael coming every day to rehearsal in June? Ortega: No, Panish: Every scheduled day? Ortega: That I don't know. Panish: Were you ever involved in a show where you called a doctor of an artist when he was not coming to rehearsals? Ortega: No. MJ wasn't showing up at all at rehearsals in June, Ortega testified. "I recall MJ not coming to rehearsals for a period of time in June." Panish: Remember yourself having serious frustration on June 18th? Ortega: Yes"That all we worked, MJ and I, this dream, this goal he and I had, tis desire, was going to fall away," Ortega explained.Ortega said MJ was his directing partner, he needed the artist to get the show on the road. (ABC7)

On Jun 19, there were several calls between Ortega and Dr. Murray. Ortega remembers this date because there was an issue with MJ. Ortega's first phone call was at 11:25 am and MJ was not at rehearsal. Panish: Did you learn they had an intervention? Ortega: I remember there was plan to get schedule in order, it was my feeling we weren't going to make it, there was plan to make it clear. Before June 19, Ortega said MJ hadn't come to rehearsals for a "good week," but it could've been more. They were supposed to leave for London on July 3, so they has 10-12 rehearsals remaining. "On the 19th I had more than a serious concern that the show could go on," Ortega said. Panish: You had serious doubt? Ortega: Yes. They were going to rehearse in London as well. As of June 19th, Ortega hadn't seen MJ for a week or more. On June 19, there was a fitting to take place. Michael showed up but very late, Ortega said. Ortega explained it was hard for him as a director to work like that, so he went to AEG's high ups. Ortega said on June 19th MJ was cold, shivering. "He was slow at growing into the show," Ortega explained. Panish: How about losing weight? Ortega: I had a concern, yes Panish: How about balance issues? Ortega: Yes. Regarding MJ's balance, Ortega said there was a period of time it wasn't as good as it had been. Ortega said MJ complained of back pain. (ABC7)


Panish: Did he seem lost? Ortega: Yes, on the 19th P: Did he seem paranoid? O: Yes
Panish: Did you think he was communicating with clarity? Ortega: No. For part of the evening. He got better (ABC7)


Panish showed an email from Alif Sankey expressing concerns about MJ on June 4. Ortega: The choreographer is not responsible for the artist's physical/emotional, but if they see something they are to report to director. June 13th, Payne wrote an email saying MJ was taking a sick day, per doctor's order. On Jun 14, Ortega wrote to Gongaware that MJ was not allowed to attend the rehearsals the day, asked about MJ's nourishment/therapy. Ortega said the intention was to get assistance in trying to help Michael in every way possible so he could go to rehearsal. (ABC7)

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Jacksons vs AEG - Day 46 – July 10 2013 – Summary

Katherine and Trent Jackson are in court


Kenny Ortega Testimony


Jackson direct

Ortega said he didn't review anything since yesterday. (ABC7)

Ortega received a daily rate to work in The Rolling Stones tour. The amount was negotiated/set by his agent. (ABC7) Plaintiff’s attorney Brian Panish asked Ortega about how he was paid when he worked with the Rolling Stones. Ortega said he got a per diem. (AP)

AEG is paying for Ortega's attorney in this case and he's getting a witness fee of $35/day (ABC7). Panish then asked whether Ortega was being paid by AEG for his testimony. Ortega said no.(AP)

At the start of his testimony, Kenny Ortega was asked about the phrase “pull the plug” in reference to “This Is It” shows. Ortega said it’s a phrase he uses, but he didn’t recall AEG Live CEO Randy Phillips using it re: “This Is It.” (AP)Panish: Pull the plug, is that a term you use? Ortega: Yes. Panish asked if Ortega suggested to pull the plug on MJ. Ortega responded: "I may, not regarding MJ, but the show." Panish: Did Mr. Phillips talk about pulling the plug? Ortega: I don't know if he used that terminology, but we did discuss stopping the show. The discussion happened when MJ was absent from rehearsals, Ortega said. The director wrote an email suggesting to stop the show. Ortega said he discussed with Phillips if things didn't change they might've to stop show."Without Michael I don't know how we can continue". Panish: Did you use term "pull the plug?" Ortega: I may have. (ABC7) Jackson had missed "a good week" of rehearsals and the only way to reach him was through Dr. Conrad Murray Ortega said. "We discussed that unless things changed," they might have to "pull the plug" on the tour. (CNN) Ortega initially said he thought that he and Phillips discussed stopping the show, but then clarified. Ortega: “I don’t think we discussed stopping the show. I think we discussed that unless things changed, we might have to.” (AP)

Panish asked Ortega whether he was aware of AEG Live execs wanting to “pull the plug” on him. He said he wasn’t. (AP)

About email Ortega sent Gongaware asking if he knew Dr. Murray ordered MJ not to rehearse, Ortega said he wanted to alert AEG about it. Panish: Have you ever been on a show where doctor told artist not to rehearse? Ortega: I think I worked in a show where artists were sick. (ABC7)

After a poor rehearsal on Friday, June 13, and a missed rehearsal the next day, Ortega expressed his concern in an e-mail to AEG Live co-CEO Paul Gongaware: "Were you aware that MJ's Doctor didn't permit him to attend rehearsals yesterday? Are Randy and Frank (DiLeo, another Jackson manager) aware of this? Please have them stay on top of his health situation without invading MJ's privacy. It might be a good idea to talk with his Doctor to make sure everything MJ requires is in place." The AEG Live executives later told him they met with Murray and put him in charge of getting Jackson to rehearsals, Ortega said. The director said he was told that if he needed to know if Jackson was coming to a rehearsal, he should call the doctor. Ortega was given Murray's cell phone number, which he said he programmed into his own phone. After Jackson was a no-show for another week, Ortega had a 30-minute conversation with Murray."I was told he was creating the schedule and the schedule wasn't working," Ortega testified. "He was my lifeline, so to speak." Ortega said he was venting his frustrations with Jackson and was "crying out." (CNN)

Email on June 14, 2009 from Ortega to Gongaware: Paul, MJ did not have a good Friday and he didn't show on Saturday. He has been habitually late (the norm). I realize he's up against a lot. I have ton of love/sympathy 4 what he's been through We must do all that we can as a team to stay on top of his needs everyday. He required more attention and management. As I mentioned I truly believe he needs nourishment guidance & physical therapy (massage) for his fatigued muscles & injuries He is not in great physical shape. I believe he's hurting. He has been slow at grabbing hold of the work. We have twenty days we can't let him slip. I'm doing all I can every day 2 build up his confidence & to create schedule that will help 2 ready him and to arrive us at our goals. Every time he is late or cancels it chisels away that possibility. There can be no more calls 2 Travis asking him to come to the house. MJ needs to be told that it's time to get real. He must take care of himself so that he can meet the schedule or there are going to be consequences. We need a healthy, rested and ready MJ at the Forum and Staples for all the remaining rehearsals as well as the few we have at the O2 in July. Thanks, KO (ABC7)

Kenny Ortega discussed emails he sent on June 14, 2009 regarding Jackson’s missed rehearsals, poor condition. Ortega email snippet: “He is not in great physical shape. I believe he’s hurting. He has been slow at grabbing hold of the work.” This email was sent roughly a month before “This Is It” was scheduled to premiere at the O2 Arena. Ortega said he had serious concerns at this point whether or not the “This Is It” shows would happen. (AP)

Ortega said he just wanted to make sure MJ had all health benefits available to be able to do the show. (ABC7)

Email on Jun 14, 2009 from Gongaware to Ortega: Frank and I have discussed it already and have requested a face-to-face meeting with doctor. We want to remind him that it is AEG, not MJ who is paying his salary. We want him to understand what is expected of him. (ABC7)

As to Gongaware's email, Ortega said he didn't know whether he discussed it with Gongaware. (ABC7)

Panish: Would it be fair to say as of June 14, 2009, you thought the show was in jeopardy? Ortega: Yes
Panish: Would it be fair to say as of June 14, 2009, everyone was under pressure? Ortega: Yes (ABC7)

Panish asked if Payne ever told Ortega MJ looked assisted when coming 2 rehearsal. Ortega said he doesn't remember if he used that word. Ortega said he understands being assisted to mean under the influence of something. (ABC7) Ortega was then asked about Jackson showing up to rehearsal and being under the influence of something. He said he didn’t recall Travis Payne telling him Jackson looked “assisted” but he doesn’t dispute it happened.(AP)

"I don't have any idea in which capacity, but I knew he was, he was introduced to me as his doctor," Ortega said about Dr. Murray. (ABC7)

Ortega said he doesn't recall the conversation with Payne about MJ being treated for sleeping problems. He doesn't dispute that he may have. Ortega: I believe I was under the impression Michael was seeing doctor. I believe when he showed up like that he had been to a doctor. "I just didn't need Mr. Payne to make me aware of it," Ortega said, explaining he could see the problems himself. Panish: You saw, at least 4 times, MJ come to rehearsal in a condition you'd describe as under the influence? Ortega: Yes. Ortega said he's not a specialist in drug addiction. Panish asked if he had discussion with Payne about it. Ortega: I don't recall the conversation, but most likely yes, I'm not disputing his testimony. (ABC7) Ortega said he saw Jackson under the influence of something _ he didn’t know what _ during at least 4 rehearsals. Panish: “It was fairly obvious, wasn’t it?” Ortega: “Yes.” (AP)

Panish: Do you know if at this time AEG had sick cancellation? Ortega: No. Ortega said he had been insured for big events, like the Olympics. He took physical examination for it. (ABC7)

Ortega said Karen Faye, Travis Payne, Alif Sankey, assistants Stacy Walker and James Faris raised concerns about MJ's physical condition. "I don't think everyone spoke about it, but they were aware and concerned," Ortega said. (ABC7) Later, Ortega would identify Payne, Karen Faye, and Alif Sankey as workers who expressed concerns about Jackson being under the influence. The director also said that Stacy Walker, who previously testified, expressed concern. (AP)

Ortega and Faye don't get along on a personal level, Ortega said. "I did think she was looking after Michael's best interests," Ortega said about Faye. She did not keep MJ secluded this time around, though. (ABC7)

Michael Bearden was the musical director in "This Is It" in charge of the music. Ortega said he's top notch, very respected in the business. Panish asked if Bearden was also concerned with MJ's health. "He may have, yes," Ortega responded. Bearden is brilliant, successful musician. (ABC7)

Email On June 16 from Bearden to Ortega: Hey guys! on MJ's lead vocal re-sings. I'm not sure if we're going to get what we need in time. I'd like 2 try 2 get some alternate takes or un-processed leads from the vault if we can. I can go in with M Prince and re-mix the stuff we need on the 22nd (our proposed media day). I we can get everything we need from the vault I can use what we have and take out ad libs and such to try to make it feel new. MJ is not in shape enough yet to sing this stuff live and dance at the same time. He can use the ballads to sing live and get his stamina back up. Once he's healthy enough and has more strength I have full confidence he can sing the majorityof the show live. His voices sounds amazing right now, he just needs to build it back up. (ABC7)

“He wasn't vocal ready yet, not in shape to sing and dance," Ortega said about MJ. Ortega explained MJ was still building back his voice, that's what Bearden was referring, to have power to sing/dance the entire show. This exchange happened about 18 days prior to opening day. (ABC7) Panish then showed Ortega other emails dealing with Jackson’s voice. In one, it was suggested that MJ only sing the ballads during the show. Panish then showed Ortega other emails dealing with Jackson’s voice. In one, it was suggested that MJ only sing the ballads during the show. Bearden in the email wrote that Jackson’s voice was fine, he just wanted strong enough to dance and sing at the same time. (AP)

Response on June 16, 2009 from Ortega I have a 2:30 at MJ's house today with Frank, Randy, Paul and he Doctor. I will add your concerns/requests 2 an ever growing list of items I already plan 2 discuss w/ MJ. The plan is he's joining us tonight for band work. How many individual vocals are we talking about? If he put his mind to it, how long would it take? (ABC7)

"Not necessarily to be done, but things I needed Michael to give his input," Ortega said. (ABC7)

Ortega doesn't remember if he went to MJ's house on June 16. He's not disputing he did, though. "I would call the meeting on the 20th an intervention," Ortega said. "I could've had this meeting, but there were just so much going on, I could've been there on the 16th, I just don't recall," Ortega said. Ortega explained he doesn't remember anyone telling him not to go to the June 16th meeting. (ABC7)

Panish then asked Ortega whether he went to Jackson’s house for a meeting on June 16, 2009. KO said he didn’t remember going to the house. Panish showed Ortega an email indicating he was planning to go to a meeting with Randy Phillips, others. Ortega said he had so much going on at the time, he just doesn’t remember it. “I could have had this meeting,” he said. Panish asked whether things got better or worse after the June 16 meeting at MJ’s house. Ortega said they got worse. (AP)

It was that then that Ortega testified about the night of June 19, 2009 and being “frightened” by Jackson’s condition. (AP) Ortega doesn't recall whether MJ was at the rehearsals on June 16, 17 and 18. He knows MJ was at the rehearsal on June 19. Ortega said MJ arrived at night to rehearse on June 19, probably in the evening around 9 o'clock. "I saw a Michael that frightened me, a Michael that was shivering and cold," Ortega said. Ortega: He, I thought there was something emotionally going, on, deeply emotional, thought something physical going on. He was cold. Panish: Troubling? Ortega: Very troubling As to his physical condition, Ortega said MJ was shivering, just seemed fragile. Panish: Skinny? Ortega: Skinny? No, he wasn't a heavy person to begin with. It wasn't weight I was concerned on, it was his appearance. Panish: Did it appear he had lost weight? Ortega: Yes. "I observed Michael like I had never seen him before," Ortega said. It troubled me deeply, he appeared lost, cold, afraid.". Ortega said MJ was coherent. "I think when he first came in he didn't seem coherent, but when I started talking to him he became better." Ortega: He seemed to warm up and feel a little better, but he wasn't well. Panish: Did you feel something was wrong? Ortega: Yes. Not well enough to rehearse. Ortega: I was in a room, right off the main room. I think MJ was already in the room. Karen called me and asked me to come in to the room (ABC7)

Panish showed picture of MJ's fitting on June 19th and asked if that's how he always looked. Ortega: No. I didn't see him in T-shirt, so I wouldn't know he was that thin. Panish: Is that how he always looked? Ortega: No P: What was different? O: His body, he looked very thin P: A little emaciated? O: Yes. Ortega said MJ was covered when he saw him on June 19th, so he didn't see him like the photo. Panish: Did you ever seen his like that before? Ortega: No (ABC7)

"I remember asking for food, I asked if MJ had eaten" Ortega recalled. "I remember calling the doctor, I was very upset and I was concerned". "I wanted someone who's a professional to be aware that Michael showed up in that condition," Ortega explained. Ortega: I know that I did my best to provide for Michael. I don't recall if the doctor ever answered the phone or I kept leaving voicemails. Ortega: We talked, Karen put a heater on the floor, took off his shoes, I began rubbing his feet, he said it felt very good. Ortega said MJ told him he never had his feet massaged before. "I couldn't believe it!" Ortega said. Ortega said he cut up the salad, Michael ate, they talked and Michael said he didn't want to go home, he wanted to watch the rehearsal. Ortega said Michael asked that Travis Payne be on stage and be him, so he could seat with the director and see it.

Panish: Do you remember crying? Ortega: Yes.
Panish: Were you crying because you were concerned with Michael? Ortega: Yes
P: Overreacting? O: No P: Being a drama queen? O: No P: Serious concern? O: Yes
Panish: And you did everything you could? Ortega: Yes, that I could think about it
Panish: Did you try to tell AEG there was a problem? Ortega: I believe you have records of it (ABC7)

Panish showed email chain "Trouble At The Front". Ortega said he sent emails to AEG only when he thought it was absolutely necessary. Ortega took a deep breath. Panish asked him if he was alright. He answered let’s keep going, please. Email from Leiweke to Phillips asking to set up a meeting. Then Phillips forwarded the email to KO asking him to be present at the meeting. Ortega: I thought Michael had a problem on the 19th. I wasn't thinking about the production on the 19th. I was only thinking about Michael! (ABC7)

Email on 6/19/09 from John Hougdahl to Gongaware and Phillips Subject: Trouble at the front Paul/Randy I'm not being a drama queen here Kenny asked me to notify you both. MJ was sent home without stepping foot on stage. He was a basket case and Kenny was concerned he would embarrass himself on stage, or worse yet - get hurt. The company is rehearsing right now, but the DOUBT is pervasive. Time to circle the wagons. Bugzee (ABC7)

"This isn't my email, I didn't ask him to write this email, I asked him to reach out to Paul and Randy" Ortega said. "These aren't my words". "I made him aware of the situation," Ortega said about Hougdahl. "I don't even know I personally said it to him or sent someone else." (ABC7)

Ortega: I didn't leave MJ's side until he left. I wanted to be with him, I didn't want to leave his side. Ortega said he remembers having thoughts at the Staples Center and typed his email probably while still there. Ortega said he didn't respond to the chain of emails, but was only offering his accounting of the day. (ABC7)

“I thought Michael had a problem on the 19th,” Ortega said. “I wasn’t thinking about the ('This Is It') production on the 19th.” Ortega appeared bothered when Panish asked him about being concerned for the production. “I was only thinking about Michael,” he said. The court took a 10 minute break around this point. When they came back, Ortega read one of his emails sent after the June 19 rehearsal. (AP)

"Trouble At The Front" Email: Ortega wrote: I will do whatever I can to be of help with this situation. My concern is now that we've brought the Doctor in to the fold and have played the tough love, now or never card, is that the Artist may be unable to rise to the occasion due to real emotional stuff. He appeared quite weak and fatigued this evening. He had a terrible case of the chills, was trembling, rambling and obsessing. Everything in me says he should be psychologically evaluated. If we have any chance at all to get him back in the light, it's going to take a strong Therapist to help him through this as well as immediate physical nurturing. I was told by our choreographer that during the artists costume fitting with his designer tonight they noticed he's lost more weight. As far as I can tell, there's no one taking responsibility (caring for) for him on a daily basis. Where was his assistant tonight? Tonight I was feeding him, wrapping him in blankets to warm his chill, massaging his feet to calm him and calling his doctor. There were four security guards outside his door, but no one offering him a cup of hot tea. Finally, it's important for everyone 2 know, I believe that really he wants this. It would shatter him, break his heart if we pulled the plug. He's terribly frightened it's all going to go away. He asked me repeatedly tonight if i was going to leave him. He was practically begging for my confidence. It broke my heart. ( Ortega began to cry while reading this part of the email.) He was like a lost boy. There still may be a chance he can rise to the occasion if we get him the help he needs. (ABC7)

Ortega broke down while reading the email. After reading the line, “It broke my heart. He’s like a lost boy,” he had to stop. “I’m not OK right now,” he told the court. The judge asked if he needed a break. He said he just wanted a second, but judge ordered recess. (AP) "I'm not ok right now," Ortega said. Judge asked if he wanted a break, he asked for a few minutes. Judge gave a 10-minute break. After the break, Ortega apologized to everyone. Testimony resumed. (ABC7) As Ortega read the email out loud, he paused between words, then began to cry. He took off his wire-rimmed glasses and wiped his eyes with a tissue. "I'm not OK right now," he said, and the judge called a 10-minute recess. When Ortega returned to the courtroom, he could be overheard telling Brian Panish, the Jackson family's attorney: "It's devastating." (LATimes)

Panish showed phone records of Ortega where he called Dr. Murray several times on June 19th. Ortega said he doesn't remember speaking with the doctor. He said he believes he did the best he could to reach him, though.(ABC7)

Although Jackson showed up on June 19, he was "cold, shivering" and unable to rehearse, Ortega said. "On the 19th I had more than a serious concern. I didn't think it was going to go on." With just a dozen days left for rehearsals before the touring company moved to London for the opening, Ortega testified, he was worried "that all that we had worked for together, Michael and I -- this dream, this desire -- was going to fall away." He sent a series of e-mails to AEG Live executives warning that Jackson needed "a top psychiatrist to evaluate him ASAP." Ortega and Murray exchanged 11 calls that next day, according to phone records. They discussed "a plan to get the schedule in order, because it was my feeling that we weren't going to make it," Ortega testified.(CNN)

I saw a Michael that frightened me," Ortega testified. He said Jackson, who had come to the Forum, where rehearsals were taking place, for a costume fitting, looked emaciated. "I observed Michael like I had never seen him before, and it troubled me deeply, " Ortega said.Ortega called Murray several times but never spoke to him that night.He said there was no question Jackson needed a doctor. “I wanted someone who was a professional to be aware that Michael had showed up in this condition,” he said. (LAtimes)
After the break, Panish asked Ortega if he was concerned about Conrad Murray. Ortega said yes. Ortega said he wanted Jackson to be evaluated by a professional, someone other than Murray. (AP)

Panish: Did you have a concern about Dr. Murray at this time?
Ortega: I really didn't know what Dr. Murray did, but Michael showing up in this condition, I had a concern.
"I was concerned about Michael being in this state when he had a doctor," Ortega said. (ABC7)

"The doctor in the fold means he was in charge of Michael's schedule and it involved me," Ortega said. "I believe this was something else, it was not the tough love, you have to show up of this is not going to happen," Ortega said. "It was real emotional stuff," Ortega testified. "I just felt he wasn't present, he wasn't there. Ortega: I'm not a doctor, I just felt there was something going on, more than physical. My response was to have a professional evaluate him (ABC7)

Panish: And you had a real concern with Dr. Murray? Ortega: Yes. Panish asked if Ortega thought MJ was not being cared for. "Not at the level I'd expected Michael deserved," he answered. (ABC7)

Panish asked Ortega about a line in his email in which he described feeding Jackson. Ortega said he didn’t literally feed him. (AP) "I was not feeding (MJ) literally, I did not feed Michael," Ortega said. Panish: Were you scared about Michael? Ortega: Absolutely in the beginning, a little less in the end, when he was a little warm, better. Ortega: I tried the doctor, who I thought it would be the most natural, and then reached out to AEG, Michael's partners, for help. (ABC7) Kenny Ortega agreed when plaintiff's attorney Brian Panish asked him whether the email was a “cry for help.” (AP)

The director said he called Murray repeatedly that night, that he was most natural person to reach out to for help. Then he informed AEG. Ortega said he was willing to walk away from the show at this point, leaving it without a director. "I think it would have severely injured the possibility of the show going on," Kenny Ortega said. (AP) Ortega said he could've walked away, and MJ would've been left without a director. "I didn't believe it could go forward at this point, at this night" Ortega said. "I wanted it for him, I know it was what he wanted for himself" (ABC7)

"He seems lost, not like the Michael I'd seen," Ortega said. "I couldn't see his body but his physical presence wasn't what I had seen last". Ortega said he believes his email was a strong suggestion that MJ needed to be seen by a doctor for his psychological condition. (ABC7) "I saw a Michael that frightened me," Ortega said, calling Jackson's appearance "very, very troubling."Jackson's condition prevented the singer from rehearsing that day. Ortega said. (AP) "On the 19th (of June) I had more than a serious concern," Kenny Ortega testified. "I didn't think it was going to go on." (CNN)

Ortega said he didn't see Randy until next day, on the 20th, when he was at the meeting at Carolwood house. Panish: Did you discuss with Randy Phillips, 5 days before MJ's death, about pulling the plug? Ortega: Not that I recall. Panish: How would MJ be if show was canceled? Ortega: I know how deeply it mattered to him to do these shows. "I said I thought it would break his heart," Ortega explained. (ABC7)

Ortega said he doesn't remember an email response from Randy Phillips to his email.(ABC7)

Email from Phillips: Kenny, I will call you when I figure this out. We have a person like that, Brigitte, who's in London advancing his stay. We will bring her back ASAP and Frank, too, however, I'm stymied on who to bring in as a therapistand how they can get through to him in such a short time. (ABC7)

After the lunch break, Panish asked Ortega about emails he exchanged with Randy Phillips on June 20, 2009. Phillips, after reading Ortega’s email from earlier that day, wrote back that he would call “when I figure this out.” Phillips added that despite Ortega’s suggestion that Jackson needed a therapist, Phillips said he was “stymied” about who to bring in. Phillips also questioned how effective a therapist would be. Panish: “Were you stymied about getting a therapist involved?” Ortega said no. (AP)

Panish: You were not concerned with the business side, but with Michael Jackson? Ortega: Yes. Ortega: I didn't want to break Michael's heart, I was torn. My instinct was to stop the show, but I didn't want to break Michael's heart. (ABC7) Ortega said he was torn about whether “This Is It” should continue. “My instinct was we should stop,” he said. But Ortega knew MJ wanted to keep going (AP)

Ortega responded Phillips: Randy, I'm at home awaiting your call or instructions. I honestly don't think he is ready for this based on his continued physical weakening and deepening emotional state. It is reminiscent of what Karen, Bush, Travis and I remembered just before he fainted causing the HBO Concerts to be canceled. There are strong signs of paranoia, anxiety and obsessive-like behavior. I think the best thing we can do it is get a top Psychiatrist on to evaluate him ASAP. It's like there are two people there. On (deep inside) trying to hold on to what he was and still can be and not wanting us to quit on him, the other in this weakened and troubled state. (ABC7)

He said after sending a reply to Phillips, he got a call telling him about a meeting at Jackson’s mansion later that day. That afternoon, he said he received an email from Phillips urging him and everyone not to “become amateur psychiatrists or physicians.” (AP)

Ortega: He was afraid for one thing I was going to leave him. Anxiety: he was anxious he didn't want me to leave or quit. Ortega: Obsessive behavior: he was repeating for me not to quit or eave him. "There was no question in my mind that Michael wanted to do the shows," Ortega said. Ortega: 'There's nothing to be afraid of, we are going to do this, This Is It.' That's the Michael I had allegiance to. (ABC7)

Phillips responded to Ortega that he not be an amateur psychiatrist. Ortega said that was not his intention. Ortega said he does not know whether Dr. Murray was ever successful, unbiased and ethical. The director did not check the doctor out himself. Ortega didn't think Dr. Murray was giving good care to MJ. (ABC7) The email included Phillips’ statement that AEG Live had checked out Conrad Murray and that he was “unbiased and ethical.” Ortega had only had one previous conversation with Murray. He said he didn’t know if he was successful, ethical or had been checked out. Phillips also said they needed to “surround Mike with love and support.” Ortega said that’s what he’d been trying to do. (AP)

Panish asked Ortega whether he was the “kind of guy that yells at people and throws tantrums, or tries to work with them?” Ortega: “Both.” Kenny Ortega’s response brought some laughter to the courtroom, including from the jury. (AP)

Panish: Do you think you were trying to sound an alarm? Ortega: Yes P: Raise a red flag? O: Yes
Panish: Were you trying to concern Mr. Phillips about this situation? Ortega: Yes P: Why? O: Because I was concerned. (ABC7)

"I saw something that troubled me deeply and I felt it needed attention," Ortega said. Ortega: I had seen something deeply troubling and I wanted to be taken seriously. "I felt Michael was in trouble and needed help," Ortega said. Panish: If Phillips were more concerned about getting the show on the road rather than MJ, would that worry you? Ortega: Yes, because they were talking about a person's health, I was more concerned about Michael's health than anything else at that time. Phillips testified he thought Ortega was entrenched in the situation and not being open minded. Ortega disagreed with Phillips' perception. "I got the impression that Randy would be looking over and investigate himself," Ortega explained. Panish: Did Randy Phillips ever tell you what the problem with MJ was? Ortega: No. Dr. Murray, in some capacity, tried to tell Ortega what was happening. But the director never got an answer to what was wrong with MJ. Ortega: I wanted it to be taken care of, whatever it was, I wanted it looked into and taken care of.(ABC7)

The Phillips response is one of several emails Ortega says he’s seen, but can’t remember receiving or reading it in June 2009. Panish asked Ortega whether he knew that Phillips had written others say that the director was starting to concern him. Ortega said no. (AP)

Ortega said he was trying to concern Phillips because he was alarmed by what he’d seen on night of June 19th. Ortega: “I saw something that troubled me deeply and I thought it needed attention.” Ortega said he trusted Phillips and he got the impression that the executive was going to try to get to the bottom of Jackson’s problems. Panish: “Given what ultimately happened to Michael, do you think you were overreacting?” Ortega replied, “No.” Ortega said he’d never seen Jackson in as poor condition as he was on the night of June 19, 2009. He said this left him stressed. (AP)

Panish: In all the time you knew MJ, did you ever see him in the condition he was on June 19th? Ortega: No
"I just wanted Michael to be ok," Phillips said. He trusted both Phillips and Gongaware.
Panish: Do you know how you felt? Ortega: I was stressed P: Distraught? O: Yes (ABC7)

Gongaware told Ortega about the meeting on the 20th. Neither Phillips nor Dr. Murray ever told Ortega they spoke on the phone for 20 mins. Meeting on the 20th was between Michael, Dr. Murray, Randy Phillips and myself. It happened at the parlor in the house. Ortega said when he realized the meeting was about him, he stood up to express his feelings. Ortega did not stay very long at that meeting. He estimates 10-15 minutes, definitely under a half an hour. Ortega left by himself. The others stayed: Jackson, Dr. Murray and Phillips. Ortega said Dr. Murray began the meeting. He said he had a feeling the meeting would be about the night before and the depth of his concerns. Ortega described the meeting as "accusatory." Panish: Who was the one being accused? Ortega: Me P: Who was accusing you? O: Dr. Murray. Dr. Murray was upset with Ortega, the director said. Panish: Did Phillips ever tell you that he had a phone conversation, for 20 minutes, on June 20th with Dr Murray? Ortega: Yes, through email. Ortega said all he's familiar with is that Phillips had a lengthy conversation with Dr. Murray at some point. (ABC7)

Panish: Did you think MJ was in decline? Ortega: Yes
Panish; Was he mentally able and stable? Ortega: I certainly didn't think on June 19th. (ABC7)

Ortega said Dr. Murray was angry at him at the meeting, "I was shocked," Ortega explained. Ortega: I was shocked because what he was saying it wasn't at all reflecting of what happened. Ortega said he excused himself. Dr. Murray said MJ was fine and could handle all responsibilities for the show. "I was flabbergasted! Because I didn't believe that was possible," Ortega testified, saying he felt hurt, insulted. Panish asked if he was ever treated like that in his long career. "Oh sure!" Ortega responded. Ortega: Have I ever being talked down, hurt, insulted? Yes, so many times I can't tell you! (ABC7)

Panish: Did Michael stick up for you? Ortega: Yes. Ortega: He (Dr. Murray) was upset with me, and he said I had no right to not let MJ rehearse. Ortega: Dr. Murray said MJ was physically and emotionally capable to handle all the responsibilities of the performance. Ortega said Dr. Murray told him to stick with his job and to leave the doctor job to him. Ortega testified he asked Michael to explain to Dr. Murray that MJ asked to stay, but the evening was different. And MJ did just that. MJ stood up, gave Ortega a hug before he left. "The doctor suggested that MJ had told him one thing and now was saying another" Ortega said. "Michael said no, no, no, they were in disagreement too," Ortega said. The director told MJ he only cared about MJ. Ortega said MJ responded 'I know, I know, I love you, I will take the reins.' (ABC7)

He then recounted the June 20 meeting at Michael Jackson’s mansion. He said he stood for most of the meeting. Panish asked Ortega to use a word to describe the meeting. He asked for a moment, then replied, “Accusatory.” Ortega said Murray was upset with him, told him not to be an amateur physician or psychiatrist. Ortega said he was shocked at the reaction. He said Murray told him that Jackson was fine and could handle the show. “I was flabbergasted,” Ortega said. He said he was insulted. Panish: “Have you ever been treated like that.” Ortega replied, “Oh sure.” Jury laughed at the response. Ortega referenced his long showbiz career and said he’d been in some difficult meetings, but had never been talked to that way by a doctor. He said Jackson came to his defense, but only after he prompted him. He said it seemed like Jackson told Murray different versions. That led to Murray and Jackson getting in a disagreement. It wasn’t with the same intensity, though, Ortega said. Ortega said Jackson then told him not to be afraid and he would “’take the reins. You’ll see,’” he recalled Jackson telling him. (AP)

Panish: And 5 days later Michael was dead Ortega: Yes (ABC7)

When Michael Jackson showed up at rehearsal on June 23, Ortega said: "It was miraculous!" Ortega: Whatever the flu, whatever it was, it was just not present. I didn't ask questions, I was just overjoyed. Ortega said everyone noticed the drastic change. "I didn't know anything about any medication." "He had a metamorphosis," Ortega said, in awe. "Pretty extraordinary." "I doubted myself, I remember going did I see something?" Ortega said. Michael just didn't seem the Michael he saw on June 19th. (ABC7)

The production was off for a few days, then Jackson returned to rehearsals on June 23rd. It was miraculous,” Ortega said. “All of a sudden, it was a miraculous recovery,” Ortega said. “Whatever the flu or whatever it was, wasn’t there.” Ortega of Jackson on June 23, 2009: “For some reason, all of a sudden, he looked like he had risen from the dead. He had a metamorphosis.” Ortega said Jackson’s transformation led him to doubt himself. He said he was like someone who had a short illness. It seemed like Jackson had gotten some “real sleep,” Ortega said of Jackson. (AP)

Panish: Do you know if Dr. Murray had stopped giving MJ Propofol? Ortega: I had no idea (ABC7) Panish asked whether Ortega knew if Jackson’s recovery was because Murray stopped giving him medications. Ortega said he didn’t know.(AP)

Earth song was the last song Michael rehearse. Panish asked if MJ did it well. Ortega smiled and answered yes. Ortega takes very deep breath. (ABC7) Panish then asked Ortega about the last song Jackson performed. It was “Earth Song” on the night of June 24, 2009. Ortega began to get emotional again. He was taking deep breaths at points. He recounted hearing that Jackson had died from Gongaware. (AP)

Panish played a clip of “Earth Song” in which Jackson is wearing a long jacket. The lawyer asked Ortega if Staples Center was cold. “Those places are like refrigerators,” Ortega replied. He said Jackson had a blanket wrapped around him, but not like 5 days earlier. (AP)

Panish: What happened the next day? Ortega: Michael died (Ortega's voice cracked a little). "I was standing on the stage, waiting for Michael," Ortega recalled. The director said Staples Center was like refrigerators, so cold. Panish show video of Earth song. This is the last song he rehearsed, Ortega said. He was bundled up in several layers of clothing. Ortega's favorite songs are: 1- Man in the Mirror 2- Billie Jean 3- 100 other songs all tied in the 3rd place. (ABC7)

Ortega said on June 25th, he was under the impression that Randy Phillips was on his way to Jackson’s home to pick him up for rehearsals. (AP) Phillips was to pick MJ up at the Carolwood house to bring MJ to rehearsal. Obviously, he never showed up, Panish noted. Gongaware called Ortega from the hospital. "Our boy is gone," Ortega said Gongaware told him. But Ortega said he didn't believe him. "I said I'm not trusting this is Paul Gongaware." Ortega said Gongaware told him to sit down. Ortega asked Gongaware to tell him something only the 2 would know 2 prove it was Gongaware. "You have to sit down and get a hold of yourself," Gongaware told Ortega on the phone. "Listen to me, Michael's gone." "I wanted to believe it was some weirdo calling me, it was a very awkward phone call and I didn't want to believe him," Ortega testified. (ABC7) Ortega then recounted the call from Gongaware about Jackson’s death. Gongaware said, “’Our boy is gone,” the director said. He said he thought it was a prank call and didn’t believe it. Gongaware somehow convinced him he was telling the truth. (AP)

Phillips never said anything at the meeting on the 20th, was more like a bystander, Ortega said. (ABC7)

Ortega said they never did a full run-through of the show.(ABC7)

Ortega believes AEG paid him everything they owed him for the work done. Sony paid him for the musical documentary. Ortega said he believes Sony kept all the film in a vault so the video would not get leaked. (ABC7)

Ortega said MJ's intention was 2 take the show out 2 the world one more time and end it in the US. Ortega would get bonuses if that happened. Judge asked why he'd get bonus if his job was done. Ortega said it's like getting royalties, since he was one of the creators of the show. Ortega said MJ had intention to do movies inspired in his songs "Thriller" and "Smooth Criminal." Panish: How did you react? Ortega: Yes, please! (ABC7)

Panish asked what was MJ's background. Ortega: He invented music video, the list goes on and on. He raised the bar in every are he worked in.Ortega said MJ was fantastic songwriter, singer, musician, dancer and also a filmmaker. "We worked together really, really well" Ortega said. Ortega recalled they had a chance to work together on "This Is It," they made 4 short films. Panish showed picture of MJ looking at the viewfinder of the camera used to film movies, Ortega next to him. "Anything Michael wanted to do with me I was interested in," Ortega said. (ABC7)

Panish asked Ortega several questions about the making of “This Is It” before taking the afternoon break. When they returned, Panish asked about Jackson’s passion for filmmaking. He struggled to remember the name of one Jackson work. Panish couldn’t remember it either, so the lawyer turned and bent down into the audience and asked Katherine Jackson. “Captain Eo,” she said Panish then showed several photos of Jackson and Ortega together. One was a side-shot of them walking, and one of MJ’s children was there. Ortega, who’s phone calls had been discussed earlier, quipped, “You don’t show my telephone number, but you show my profile.” Jury laughed. Panish apologized, and then they tried to figure out whether it was Prince or Paris in the photo because he/she was wearing a mask. Ortega said he thought the masked child was Prince, but wasn’t sure. Panish then asked about Jackson’s children. (AP)

Photo of MJ, Ortega and young Prince: "Attractive," Ortega joked. "You didn't show my phone number, but showed my profile! Ortega: Along w/ the way he talked about his mother, the kids were the single greatest blessing, brought the greatest happiness to his world. Ortega said MJ gave them Christmas every day of the year. "There was just evidence of fun." Ortega: He was just there for them, he was concerned about them, he was parental. Regarding the children, Ortega said: "They loved their father, it was very clear, very evident, it was obvious." "He loved her dearly," Ortega said about MJ and Katherine Jackson. "He cared deeply about her." (ABC7) The director recounted going to Jackson’s mansion in April and finding Christmas decorations everywhere. “He gave them Christmas every day of the year,” Ortega said. There were also paper airplanes thrown everywhere, he recalled. Panish asked about Jackson’s love for his mother, which Ortega said was “very clear, very obvious.” He then ended his questioning. (AP)

Panish said he has no further questions at this time.


AEG cross

AEG's attorney, Marvin Putnam, did cross examination.(ABC7) He told jury that Ortega would be leaving for a few weeks, so he had to hurry. (AP)

Ortega said AEG is paying his legal fees because it is their contractual obligation to do so. It's written in his contract. (ABC7) Putnam asked about AEG paying Ortega’s legal fees. Ortega said it was because they were contractually obligated to. Ortega: “They probably wouldn’t want to pay my legal fees,” he said. Ortega said the payments didn’t sway his testimony. (AP)

Putnam referred back to June 19th. Ortega reiterated that he did everything he could that night. Ortega said he had been worried about MJ's mental state before during the HBO Concerts in 1995. "I thought he was anxious," he said. No one from AEG was present during the 95 incident. Ortega said it was different from the 19th, though. In 95, he was anxious, unhappy. Ortega explained the 1995 one was the only experience he had with MJ that was similar. Ortega had never seen MJ physically weak like he saw him on the 19th. (ABC7)

Putnam asked whether the night of June 19, 2009 was the first time Ortega was worried about Jackson’s psychological state. He said no. Ortega said the other time was in 1995 during preparations for an HBO special. It wasn’t as bad then, he said. The director said Jackson seemed anxious about that show and changed that were being make creatively. Putnam asked whether Phillips or Gongaware were involved then. Ortega said no. (And AEG Live wasn’t in existence.) (AP)

MJ got better as the night went on on June 19th. "He was just more articulated, in the room, warm, engaged and calmed," Ortega said. (ABC7)

Ortega said the 1st day he met Murray, MJ introduced him as "my doctor." Putnam asked if MJ said Murray was the tour doctor. Ortega said no (ABC7) Putnam asked about when Ortega first met Murray. He said it was in March or April, and Murray was introduced as MJ’s personal doctor. Ortega said he only saw Murray three or four times before the meeting on June 20, 2009.(AP)

Putnam asked about Ortega’s lack of recollection about certain emails. The director said he didn’t read every email at the time. Putnam: “The fact that you don’t remember a specific email doesn’t mean you were being evasive?” Ortega replied no. (AP) Putnam: Are you trying to be evasive? Ortega: No, I'm trying to do my best (ABC7)

The lawyer went over the “trouble at the Front” email from production manager John “Bugzhee” Hougdahl. Then Putnam asked about Ortega’s impressions of Phillips. “I thought he was a professional,” Ortega said. Putnam showed Ortega the span of time between Bugzee’s email reporting problems to Phillips and some of the exec’s responses, abt 15 hours. Putnam asked Ortega if it was understandable that Phillips may have been confused by the conflicting info he was receiving. Yes, he replied. Putnam asked Ortega about how he thought Phillips and Gongaware viewed Jackson. “I felt they loved him,” he said. Ortega said there wasn’t any reason for him to think that Phillips and Gongaware didn’t still love Jackson. He said he believed the execs cared for Jackson “because of the way they supported him throughout the entire venture.” (AP)

Putnam showed Ortega's phone records on June 19th. There are 2 calls from Ortega to Dr. Murray and 1 from Murray to Ortega, all very short. After the calls to Dr. Murray, Ortega said Michael was eating, they had late conversation, he was rubbing his feet. Ortega: Michael wanting to stay and watch, we went on stage, Travis stood in for MJ, we did pyrotechnics if I'm not mistaken, then MJ left. Ortega didn't contact AEG himself, but asked someone to do it on his behalf. Putnam asked why he wanted to alert AEG about MJ. "Because we were all on the same team," Ortega responded. "I thought we needed to help Michael." Putnam asked if Ortega understands why Phillips was having difficulty figuring out what was going on. In one hand, Ortega was saying there was a problem. On the other hand, Dr. Murray said everything was ok. Ortega answered yes. Putnam asked what Ortega thought Phillips and Gongaware felt about MJ: "I felt they loved him," Ortega responded. Putnam: Any reason to believe they didn't? Ortega: No Putnam: Any reason to believe they don't? Ortega: No. Putnam: Why? "Because of the way that they supported him throughout the entire venture," Ortega said. (ABC7)

Putnam said he's looking fwd to seeing Ortega again in a few weeks. The director has business engagement overseas, won't be back for weeks. (ABC7) Kenny Ortega has to travel for work, so he won't resume testifying until August 1st. Putnam told Ortega, “I look forward to seeing you in a couple weeks, sir.” (AP)

Quelle: MJJC ~ Eintrag #49 ~ User: Ivy
http://www.mjjcommunity.com/forum/threads/129265-Katherine-Jackson-vs-AEG-Live-Daily-Trial-Testimony-Summary/page4



Jacksons vs AEG - Day 47 – July 11 2013 – Summary

Katherine Jackson is in court.

The judge reversed her earlier decision not allowing Jacksons to show the handwritten notes based on hearsay. Jacksons' attorney Debra Chang successfully argued that the notes would be admissible under state and federal evidence code 1250. Chang said there's an exception if it reflects a feeling, emotional or physical reaction. Judge agreed. One note reads: Tohme away from my $ now No contact Where's my house (underlined twice). (ABC7)


Taj Jackson Testimony

Jackson direct

Deborah Chang, attorney for the Jacksons, doing direct examination.

Plaintiff’s attorney Deborah Chang did the questioning and asked for a refresher on his role in the family. Taj is Tito Jackson’s oldest son and Michael Jackson’s nephew. He described Michael Jackson as a “father figure” to him, his brothers. (AP)

Taj: Some people would argue we were his (MJ) children before he had his children. "He was definitely our mentor, everything we did in life we kind of geared to what he was doing," Taj explained. (ABC7)

Taj said he has several handwritten notes from MJ that he saved as keepsake. Note MJ wrote: Taj, I love you all and am proud of you. PS. please rehearse. Taj said it is written in a Neverland stationary, has the logo at the bottom. "He wrote various notes to me like this," Taj said. "That was probably from my mom telling him we were not rehearsing that much." Taj was the piano player. MJ bought him his first instruments. (ABC7)

Chang showed a picture of MJ getting his Hollywood Walk of Fame star. Taj and TJ were present. (ABC7)

Taj gave lots of recollections about his uncle and how he mentored him. “He was a perfectionist when it came to his craft, whatever it was.” He recounted how Jackson sang with 3T on the “I Need You.” He said his uncle came into 3T’s studio to record vocals after his own session. Taj said Michael Jackson’s voice was spent from recording a rock song that day, but he performed his part of the song in one take. He also recounted his uncle working with his nephews to teach them about what makes great music. Jackson played the song “She Drives Me Crazy” by the Fine Young Cannibals for Taj, his brothers, so they could learn to listen to music. Taj also mentioned that his uncle kept up with new artists and liked finding new collaborators. He cited MJ’s song with Akon. (AP)

Taj said MJ would ask him to watch his kids when he needed. He was also in charge of MJ's storage. "It would be foolish not to ask his advise," Taj said, explaining they could, and would, ask anything they wanted. "He picked out a lot of our songs, some we didn't like that much and he told us why they were important," Taj testified. Taj: He was a perfectionist when it came to his craft. He would study, study, study, and tell us to study the greatest, top 10 singers. "The demo sounded a little old fashioned, we couldn't hear what he was hearing," Taj said about "I Need You" song. Taj said they were recording down the street from MJ's recording studio. His uncle lent his voice to the end of the song. Taj: What's most amazing, it was all in one take, he didn't try again, all you hear was all in one take. The song "I Need You" was a success for them. Chang played a snippet of the music video. MJ was not part of it, just his voice. "We were always trying to do what our uncle was doing," Taj said, mentioning the choir in the song. Taj said MJ would tell him 'you have to carry on the legacy, carry on the torch when I retire.' Michael taught Taj and his siblings to listen to the same music several times and hear different instruments each time. "I don't want to give out too many secrets," Taj said, laughing. Taj: For him it was about studying, that's what we learned as well. I started at 12 years old, but didn't start 3T until I was about 19. Taj said he and MJ share their mutual love for music and movies. They would watch it in different ways, once without sound, then with sound. "It was kind of intimidating to me," Taj said, since he didn't know much about movie and said he needed to learn a lot to become a filmmaker. Taj said the robot transformer in the "Moonwalker" film was in their honor, because they loved the transformers. "He was constantly studying and reading about directing, he knew it back and forth and would test us," Taj said. MJ hired a USC professor to teach him movie directing. Taj said the children also learned from the professor. Taj said MJ loved King Tut, he loved Egypt, egyptian culture. MJ wanted him to study 3D, Taj said, since he loved the technology and wanted to do things with it. He wanted Taj to master it. Captain EO was directed by Francis Ford Coppola and is playing at Disneyland. It's a 3D science fiction film with MJ's music. (ABC7)

After discussing films, Chang asked Taj about his uncle’s interest in films. Taj recounted being on the set of “Captain Eo.” Taj said he wished he had paid more attention, since Francis Ford Coppola and George Lucas were involved. Taj said a scene in Jackson’s “Moonwalker” was inspired by his love of the “Transformers” cartoon. He said Michael Jackson would study film, and even was taking a class from a USC film school teacher. Taj said his uncle was interested in several films, including one based on King Tut, another called “Chicago 7” and an updated “Thriller”. He said Jackson told him to study 3D filmmaking. Michael Jackson “loved the technology” and wanted to do “groundbreaking” work with it. (AP)

Taj said he would stay with his uncle weeks at times. He said he lived at Neverland for about a year, majority of times with his uncle. Taj said he witnessed MJ writing notes to himself. He said he learned it from his uncle and keeps notes himself nowadays. "He liked to conduct meetings usually over the phone," Taj said. MJ would keep the phone on speaker so Taj would learn the business dealings.Taj estimated over 100 meetings over the phone, probably over 20 in person. Michael believed in "What you conceive, you believe, you achieve," Taj testified. Taj said MJ would write down his ideas and what he wanted to achieve. He would see his uncle write on anything he could write. Chang showed picture of a mirror with several notes hang on it. "Michael was very sentimental," Taj said. Taj said MJ kept several items as mementos. Taj ran through a window at Neverland when he was 3 and MJ kept the blanket he was wrapped in. (ABC7)

After discussing films, Chang asked Taj about his uncle’s custom of writing notes. He said his uncle had a system of taking notes. Taj said some of the notes and writings Michael Jackson kept were sentimental. This included keeping his sister Janet’s report card. They showed some of Jackson’s inspirational notes, which included one that read, “Love No Violence Ever.” He said he saw hundreds of these notes, both when he lived at Neverland Ranch for a year and after his uncle’s death at his mansion. There were several notes that Taj authenticated were written by his uncle, but they weren’t shown to the jury. AEG Live wants to argue against allowing the notes to be shown to the jury. Jackson’s attorneys want them shown. The notes will be used by an expert for the plaintiffs who will estimate the damages if AEG Live is found liable in the case. (AP)

Taj explained the system MJ had in his life. Types of Documents 1- Inspirational ("Law of Attraction") 2- Loving Keepsakes (notes) 3- "To Do" Topics to Cover During Meetings to Have Others Do. Taj said after MJ died he went to Carolwood house to collect some of MJ's belongings. He said he wanted to keep them for his cousins. Taj said when his mother died, he lost a lot of things either in storage or they were auctioned off and it was very painful for them. Taj retrieved a box of documents from MJ's storage. The attorneys stipulated some of the notes were MJ's handwriting. (ABC7)

Taj said he's familiar with Paris' handwriting, has seen her doing homework. Note from Paris to MJ: Dear Daddy, I love you so much & I'm so happy I got a goodnight hug. Sleep well, I love you & good night. I'll see you tomorrow! XOX, goodnight and lots of love. Paris Jackson. (ABC7)

Note Michael wrote to himself: Words of Blanket my son 6 years young "What's your favorite letter Daddy? Mine is "G" for God and "D" for Daddy" Age 6. Blanket. (ABC7)

AEG Cross

AEG attorney, Kathryn Cahan, is doing cross examination.

Taj said he was the one family member who spent the most time with MJ (out of his cousins and extended family.) Taj visited MJ in every tour he did: Triumph, Victory, Bad, Dangerous and HIStory. He stayed at the hotels with MJ's, went to his room. (ABC7)

She asked Taj about all the time he spent around Jackson. She asked Taj about staying with his uncle on tours. Cahan asked if he ever saw drugs in his uncle's hotel rooms. Taj said no and he never saw MJ use drugs, or under the influence of any meds. (AP)

Cahan: Did you ever see any signs of MJ using drugs? Taj: No (ABC7)

Cahan then asked how often Taj saw his uncle in late 2008-2009. Taj said he saw him once at Bel-Air hotel, and again at an anniversary party. Taj also said he talked to his uncle when he was trying to stop an auction of his possessions. (AP)

In 2008, MJ was living in Las Vegas. Taj saw him regularly during that time. "He was definitely happy and healthy, yes," Taj testified. Taj said that after living in Neverland, MJ went overseas and then to Las Vegas. Taj saw MJ maybe twice, when he was at the Bel Air Hotel. (ABC7)

Taj said he never saw MJ use drugs. "I didn't even know he had moved," Taj said about MJ moving in to Carolwood house in 2008. The last time Taj saw MJ alive was in May of 2009 during his grandparent's 60th anniversary party. He never went to the Carolwood house. Taj said that when they learned MJ was going on tour, they stayed away and gave him space. They knew they could be a distraction for MJ. (ABC7)

"I know MJ was on the phone once to stop an auction," Taj said. Call wasn't to Taj though, he doesn't recall talking to MJ on the phone. Taj heard MJ was recording an album for the news or family members. The album started in 2008, Taj said. "He was constantly recording and writing," Taj said. "He juggled a lot of things." (ABC7) Cahan asked how Taj knew MJ was recording new music. He said he thought he heard about it on the news or from relatives. Taj added that Jackson was always working on new music. “I don’t think he would have stopped recording.” (AP)

Cahan asked several questions about storage lockers that Michael Jackson wanted his nephew Taj to be responsible for. Taj said his uncle wanted him to be responsible for the storage lockers and wanted to transfer them into his name. He said his family lost many of his mother’s possessions after she was killed due to a lien, and his uncle didn’t want the same to happen. One of the facilities, the largest, housed items from Neverland Ranch. Two smaller ones had personal keepsakes, Taj said. Asked why Jackson would want his possessions transferred over, Taj said there were “very few people my uncle trusted.” “He had been betrayed his whole life. He knew he could trust me,” Taj Jackson said of his uncle Michael. He said reluctantly agreed to let his uncle pay him to take care of the storage units. (AP)

Taj said MJ wanted to put the storage facilities in Taj's name. Taj: There were very few people my uncle trusted. Taj: He had been betrayed his whole life. He knew he could trust me and if something happened to him I would do the right thing. Taj said his mom did the same thing, put her valuables in a safe. However, his mom's possession in the storage locker were auctioned off. Taj: A company sued our family for not performing at a certain event and they put a lien on the storage. Taj: The storage unit got tied up and unfortunately we became the victims of it. Taj said MJ had sentimental things in the storage that he wanted to keep for his children. Taj said the storage was full with stuff from Neverland. It had furniture, arts, arcade games. MJ had 2 storage lockers. One in Vegas is half of the size of the courtroom (30x37 feet) and the one in Buellton was at least 4 times bigger. Cahan asked if Taj was being paid to take care of MJ's storage. He said at first he didn't want to get paid, but MJ insisted. (ABC7)

"Everyone else is making money off of me, I want to take care of my family," Taj said MJ told him. (ABC7)

Taj said he doesn't think MJ wanted to live at Neverland again. "It felt violated in a way, the purity of it. It didn't feel the same." (ABC7)

Taj doesn't know when he went to Carolwood house. Rebbie and her daughter, Janet, Katherine, possibly Trent and 1 of his brothers were there. Taj doesn't remember seeing La Toya that day. "It's a time I'd rather forget," Taj said. Taj testified the house seemed normal, not messy. Taj went to MJ's bedroom on the second floor. Cahan asked if MJ was messy. Taj said he wasn't trying to defend his uncle, but understood him. "When you travel a lot, living out of luggages, it's messy," Taj testified. "It looks like my place now," Taj said, laughing. Taj doesn't remember who handled him the box. It was a cardboard storage box. Taj: The idea of going there was to preserve the stuff. It's something someone can sell on eBay for hundreds of thousands of dollars. He said it could be seen it was documents, that he threw in some stuff as well, but 95% of the stuff was already in the box. Taj said he only stayed in his uncle's master bedroom, closet and bathroom. "The box was given to me in the master bedroom, I just assumed the documents were from that area," Taj said. "It was traumatic enough to be in that room so I just wanted to get out of there quickly," Taj recalled. (ABC7)

Cahan then asked about Taj going to his uncle’s mansion after he died. He received a box of documents while there. Taj said he also picked up some of his uncle’s motivational notes. He said he didn’t remember who handed him the box. There was a lot of discussion about the box, and then Cahan moved on to questions about two computers that Taj received at a later time. (AP)

Taj took the box to his house. He said he skimmed through some of the documents. This was in the Summer of 2009. Taj turned over the box of documents to Sandra Ribera, one of the Jacksons attorney early this year. The lawsuit was filed in 2010, Cahan said. Taj: "I don't even know they remembered I had the box." "I protected that box with my life," Taj said. He kept it hidden in his closet of his house. He turned over the entire box to his lawyer. (ABC7)

(Attorneys in the hallway said judge asked for it because she wanted to know why they were spending so much time on the computer issue. Judge said the computer stuff had already been litigated during pretrial. ABC7)

The Mac computers were given to Taj by LaToya Jackson’s business partner at the family’s Encino home, he said. Taj said one contained music and was turned over to Michael Jackson’s estate. The other one was used by security at MJ’s mansion. The second computer was password protected and was apparently used by MJ’s assistant, Michael Amir Williams. Taj said he asked Williams for the password and got one, but it didn’t work. He said the estate wasn’t interested in the computer. Taj said he turned over the computer because Jackson’s estate was looking for hard drives with Michael Jackson music. Taj wasn’t sure of the dates when he received the computers, or when he turned the machine over to the estate. They went into a sidebar that the judge requested. Cahan asked a couple more questions about the security computer, but moved on. (AP)

Taj said he was given two computers from the Carolwood house. One was a computer with music, one was a computer used by the security team, Taj said. Jeffrey Phillips, business partner of my aunt La Toya, gave him the computers, Taj said. He was at the Hayvenhurst house. "He handed them to me," Taj said. They were Mac Towers. Taj is not sure whether he got the screen as well or not. Taj: It was known Estate was looking for music for MJ's new album. I'm assuming Jeffrey knew I was helping Estate out in that aspect of it. Taj is still working with MJ's Estate. Taj: I turned 1 of them on, it had music files. Turned the other one on and had log in request, with Mr. Amir's name, asking for a password. Taj could not access it, since he didn't have the password. "The Estate was looking for 4 hard drives with music in it," Taj said. He thought that's what was being given to him. The music computer was given to the executors of Michael's estate, Taj said. Taj said he called Michael Amir Williams but the password he gave him didn't work. Michael Amir said there was no music in that computer. The Estate, thus, was not interested in the security computer. Taj said he left the security computer at Hayvenhurst house. He hasn't seen the computer since. (ABC7)

Cahan asked Taj about his uncle’s movie aspirations. Taj said the last time he saw his uncle, MJ told him, “After this, we’re doing films.” Jackson’s statement was made in May 2009 at a 60th anniversary party for Joe and Katherine Jackson, Taj said. Cahan asked Taj whether his uncle ever mentioned he wanted to partner with Kenny Ortega on films. Taj responded that wasn’t surprising, his uncle wanted to partner with Peter Jackson and other filmmakers. (AP)

After "TII" tour ended, MJ and Taj would make movies. "I think when TII ended, he would've shifted his focus to films primarily," Taj said. MJ's son, Prince, was going to make movies with them too. "I'm sure more powerful people would be involved too, not just us," Taj said. "His last words to me: After this, we're doing films," Taj recalled. Cahan asked if MJ ever told him he wanted to partner with Kenny Ortega, not him, to make "Thriller" 3D movie. Taj: I'm sure he would partner with, he wanted to partner with Peter Jackson at one point. I wasn't exclusive to him. (ABC7)

Cahan asked a few questions about Taj’s music career, then moved on to questions about Michael Jackson’s kids. Cahan asked about Taj’s relationship with Prince, Paris and Blanket. He said he has been there for him since their father died. (AP) The last 3T album was in 2003. "We dropped everything after Michael passed to be with his kids," Taj explained. "Code Z was kind of my homage to my uncle," Taj said. "We did kind of zombie tribute to him." It was a fake trailer, not made into movie yet. (ABC7)

Taj said he was planning to go to London to see his uncle Michael performing. (ABC7)

MJ had his own record label, MJJ. Taj said MJ was concerned in putting 3T under his label in case something went wrong they would blame him. (ABC7)

Taj has spent a lot of time with MJ's children after his passing. "We've been a unit," Taj said. Cahan: Has Debbie Rowe gotten back involved with the children? Taj: Yes. "She started a relationship with Paris, that's as far as I know," Taj said. Rowe is Prince and Paris' biological mother. (ABC7) The attorney then asked about Debbie Rowe and whether she had become involved in the children’s lives recently. Taj: “From what I know, yes.” Cahan: “She’s Prince and Paris’ mother, yes?” Taj: “Biological mother, yes.” Taj said Rowe had started a relationship with Paris, as far as he knew. The plaintiffs then asked for a sidebar. (AP)

Plaintiffs asked for sidebar since judge ruled that no parentage question were to be asked. AEG said Debbie Rowe is the kids' biological mom. Judge read admonition to jury. She said there was a question regarding the status of Debbie Rowe's relationship with the children. Judge said they are only to consider the relationship between Michael and the children when assessing damages, if any. (ABC7) The plaintiff’s side had said before going into chambers that the mention of Rowe’s status was a violation of a pretrial order. After court, AEG Live defense attorney Marvin Putnam said it was paternity that was subject to the order. (AP)

Cahan then asked about Taj’s Twitter account, and questioned him about nanny Grace Rwaramba and whether he thought she was honest. Taj responded yes in response to a question asking whether Grace was truthful. Cahan then wanted to show a post from Taj’s Twitter account. It was a Twitlonger post urging people not to give credibility to a report by Roger Friedman. He mentioned a Grace at the end of the post. After reading it, Taj said, “That’s not the same. That’s Nancy Grace.” There was laughter in the courtroom. (AP) Cahan asked Taj if he thinks Grace Rwamba is a truthful person. "Yes," Taj answered. Grace Rwamba was the children's nanny. Cahan then showed Taj a tweet he sent in 2011. "That's not the same Grace," Taj said. "That was Nancy Grace!" Everyone started laughing.

Taj was released subject to recall.


Arthur Erk Testimony , Jacksons expert CPA

Jackson direct

Arthur Erk. He's a CPA for Citrin Cooperman, partner in the firm in New York. Erk is in the entertainment group, handle finances for entertainment. "Music happened to be my particular specialty," Erk said. Erk said they have 10 sports clients in football and baseball. He became a CPA in 1978. Erk described his extensive background in the industry. He has worked with rock back Kiss, did royalty audits. (ABC7)

"I was retained to calculate MJ loss of future earning capacity due to his untimely leave," Erk said.The categories in Tier 1 that Erk analyzed was Touring, Merchandising, Sponsorships and Endorsement, Las Vegas and Royalties. MJ wanted to have a team show in Las Vegas based on Neverland. Erk calculated its earning, use of music for royalties. (ABC7)