Day 32 of the trial was very special again and this is why we need a summary of it. On this day Michael Jackson’s personal chef Kai Chase testified and spoke about Michael’s family life, what she saw and thought of Dr. Murray and the meeting arranged by AEG in Michael’s home at the beginning of June.
The ABC7 Court News tweets say about Tuesday June 18, 2013:
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Hello from the courthouse in downtown LA. Day 32 of Jackson family vs AEG trial to get underway momentarily. |
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Jacksons attorneys told the court yesterday that they are calling today Kai Chase, MJ’s personal chef. |
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We were told Chase will detail MJ’s behavior after Dr. Murray was retained. She worked in Apr/09, was off in May and came back in June/09. |
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Chase testified in the criminal trial of Dr. Conrad Murray. The attorneys expect to conclude her questioning today. |
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Attorneys are discussing with judge regarding Dr. Finkelstein’s deposition testimony. Jury not in the courtroom yet. |
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We’ll bring you all the details of Chase’s testimony as soon as we can. Remember, judge doesn’t allow live tweets from the courtroom. |
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Only Katherine Jackson is present in court today. She’s wearing bright royal jacket over a geometric full length dress in tones of blue. |
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Court session has not started yet. Jackson’s attorney, Brian Panish, asked to speak with the judge in private. |
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Today is jurors 4 and 5 birthday!!!! Judge Yvette Palazuelos just wished them happy birthday! Kai Chase taking the stand now. |
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On the stand is Kai Chase, MJ’s personal chef. Attorney Deborah Chang is doing the questioning. |
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Chase said she’s personal chef for the past 17 years. She currently works for Katherine Jackson and MJ’s children Prince, Paris and Blanket. |
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Chase worked for MJ while he was preparing for tour. She began working for him end of March, was let go in May and brought back in June 09. |
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Chase started culinary profession in a small culinary school, then worked as writer for Urban network magazine. |
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Chase got her masters degree at Le Cordon Bleu Culinary Academy in Paris. She said she comes from family of artists, culinary is her art. |
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Chase said famous chef Julia Child graduated from Le Cordon Bleu. |
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After graduating, Chase opened her own catering company. She was always involved in the entertainment business. |
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My godfather was Redd Foxx, Chase said. |
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Chase Clientele: President Barack Obama, Bernie Mack, Steve Harvey, John Sally, Maxine Waters, worked with Wolfgang Puck, Pamela Anderson |
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Chase worked in 2007 in an inauguration event for president Obama. “I got the gig because… I’m good,” Chase laughed. |
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Chase said Obama was pleased to see an young, African American woman doing well. |
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Chase explained who Wolfgang Puck is, very famous chef who cooks at the Oscars and has TV shows. |
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Chang: Are you trained as nutritionist? |
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Chase: No, I’m not |
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Chase said she studied nutrition of foods, but does not have training as nutritionist. |
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Chase recalled she received call from company called Culinary Staffing. The client is husband, wife, two kids, husband was a businessman. |
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Chase was asked to send the resume in. She said she got call back within the hour saying client was very impressed with her qualifications. |
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There was a meeting set up at Coffee Bean and Tea Leaf at the Grove in LA. Chase met with Michael Amir, who interviewed her extensively. |
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When he handed me the card, whoa! Chase testified. |
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Chase asked who the client was and Amir showed her MJ’s company business card. |
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Chang: Where you excited? |
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Chase: Yes, I was |
From this moment on Chase’s testimony is becoming engrossing. She describes Michael’s family life and the way he was raising his children, and this made me realize that of all families in the world his was one of the super normal and the greatest families of all.
Those who know Michael only from the caricature the media painted of him, will open up a totally new world for themselves and will see from the way Michael raised his children what chances we are missing in our parenting. When they were eating food from different parts of the world they were studying the culture of those people! And each day of the week was devoted to something special – crafts and art, or classical movies, or reading! And no television. How could he manage to make them so disciplined and they still adored him and rushed to him like lightening the moment he opened the door?
I am totally awed:
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The second meeting happened at the Carolwood house. Michael Jackson was not present, the meeting was with MJ’s children, Chase explained. |
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Chase said Prince was 12 years old, Paris was about to turn 11 and Blanket was 9. |
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They were talking over each other, they very excited to meet me, Chase said. “They wanted to make sure I knew how to cook healthy food” |
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Chase recalls the kids saying daddy likes apricots, we like fruits, Blanket likes mango. |
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It felt like we were developing an immediate bond, Chase explained. “It was a beautiful beginning.” |
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Chase said she began working the very next day, end of March, beginning of May [April]. |
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Chase arrived 8-8:30 am, got kids ready for school, cooked breakfast, lunch, dinner, snacks, clean up, kept pantry stocked, grocery shopped |
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Chase’s schedule started with 7 days a weeks, eventually became 6 days a week, with Sundays off. |
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Chase said first MJ encounter they kind of had the introduction, like bumped into each other. Kind of like hey, how are you? |
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That was the first introduction, after that it blossomed into a boss/friend relationship, Chase described. |
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Chase said MJ was very hands on into his children’s life/nutrition. “He wanted to get to know the woman who was feeding his children.” |
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The relationship between MJ and his kids was very loving, they were together a lot, Chase said. |
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Chase: His children were the love of his life, his children meant everything to him. |
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MJ had lunch with his children privately, in beautifully set table. “His children meant the world to him,” Chase testified. |
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Chase said the house was very warm, good feeling, loving. It was a beautiful place, good feeling, music playing, fireplace on, she described |
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Chase said she did not eat the meals with MJ and kids because Michael liked the meal with his children to be private bonding time. |
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Chase said that when they ate food from other parts of the world they would study a bit about the culture of the place they were eating. |
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Chase would write the menu on chalkboard of what the meal was for the day, so kids could understand the food they were eating. |
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Chase said the children were homeschooled from Monday to Friday, so Mr. Jackson liked to keep things creative. |
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Chase gave as example Monday was reading day, Tuesday was arts and crafts, Wednesday was watching classic movie then writing about it. |
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Chase said the kids learned math, science, foreign language. They had a teacher come in, they were constantly being educated. |
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He took great pride helping children develop foreign language and art, Chase testified. “The children weren’t allowed to watch television” |
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Chase said she stayed a lot in the kitchen, but since it was an open floor plan, she got to interact with the children. |
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I’d teach them about food and technique, they’d teach me games, Chase recalled. |
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Chase got to see the interaction of MJ with the children. She said it was a family atmosphere. |
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Chase described how the children reacted when MJ arrived at the house. |
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Chase: Seeing those children take off like lightening, grab him by the ankle, by the arms, it brings tears to my eyes, so much love there |
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MJ was disciplinary when needed, Chase said. When they had school, they had to be in bed by certain time; respected and obeyed their father |
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Chang: Were they allowed to eat sweets whenever they wanted? |
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Chase: No! That was a big no, no |
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Sweets were only dictated when he (MJ) said, Chase explained. |
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Chase asked MJ if she could do comfort food Saturday, serving not-so-healthy food like fried chicken. |
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MJ gave her the thumbs up, she said. It was a way to break the monotony of always eating healthy. |
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Chase said Michael had a very giving spirit, loving nature spirit. The chef testified MJ was always concerned on how to give back. |
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Chase described seeing Paris going through her wardrobe and getting clothes she didn’t want to wear anymore. |
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Paris would sew the clothes into new pieces, made little skirts out of her pants, put them in a box and ship em overseas, Chase said. |
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Chase testified the house had animals: dog, bird (who whistled for pretty women) 2 cats, rabbit, Prince had a rat he walked around the house |
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Chase said the kids were responsible and helped with the animals. |
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Chase described going with Paris at night into the yard to look for a mom and baby snail. Jackson caught them on the way back. |
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At that point I knew I was going get fired, Chase recalled, but said MJ was fine with it. |
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Paris and Chase put the snails in a jar, made a little snail farm, put in the kitchen. She said she put Blanket’s drawings on the fridge. |
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Chase testified MJ’s relationship with kids was warm, loving. “These are my babies,” Chase said MJ would say. “We played games, monopoly.” |
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Chang: Did MJ have a good sense of humor? |
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Chase: Yes, he was a practical joker |
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I made it into a home there, Chase said about putting children’s art in the kitchen. “The love was already there.” |
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On chalkboard, there’s a message Paris wrote: |
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I love daddy! Smile, it’s for free |
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Chase didn’t recall if it was written the day MJ died |
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Chase explained she did a lot of juicing for him with beats, organic vegetable, lots of lean protein, vegetable. |
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MJ ate chicken, fish and turkey, no pork or beef. Chase said MJ liked Mexican food, she did vegan ground beef tacos, one of his favorites. |
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Paris celebrated her 11th birthday in beginning on April. Chase said MJ told the children they could eat anything they wanted that day. |
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Paris chose to decorate party with everything Michael Jackson. They had cheese pizza, hot wings, banana split, Chase said. |
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MJ then took his children to the backyard where he had this Cirque du Soleil type of performance for her. |
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They sat there and watched, Chase said. “And I cried.” |
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That was last birthday she had with her father. Chase said Paris has not had birthday party since, she doesn’t want to celebrate it anymore |
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Chase said MJ was very excited about what was happening, was excited to have his children see him perform. |
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Chase said that MJ would come to the kitchen dressed sharply, black Levi’s pants, with Tom Ford cologne. |
Kai Chase worked in Michael’s home since the end of March until May when she was fired due to the “changes in management”. May 2009 was indeed the period of changes in Michael’s management – I think it was on May 5th that AEG received an official letter from Michael saying that Tohme was fired and his powers of attorney were revoked.
At the end of May Michael also confided in his fans that he never wanted to do 50 shows and there was a big hue and cry over it in the press. Randy Phillips officially declared that this was not true. AEG evidently scolded Michael for his words, tightened security around him so that he did not talk and took measures to stop him from communicating with his fans.
Michael must have felt extremely hurt and was seeking refuge at the Culver Studios where they were shooting videos at the time. When the rehearsals began at the Forum on June 1 Michael defied AEG’s schedule and missed several rehearsals.
Though rehearsals were none of AEG’s business as they admit it now, those several missed rehearsals resulted in a riot meeting at the beginning of June. Its official agenda was nutrition and this was partially true. Nutrion was indeed a grave problem at that moment. No one was taking care of Michael then – the chef Kai Chase was fired, Grace Rwaramba who was very protective of Michael was fired too, and he himself was busy training and doing a hundred other things, so eating was not an issue. The problem was so grave that when the chef returned the fridge was bare. She said that she had no idea what they had been eating at all.
When Chase came back in June Michael told her they were making him work so hard that they were killing him. It could be a figure of speech of course but it does show that the pressure he had to live under was inhuman.
After a month’s break Michael looked to Kai Chase different from the way she remembered him in April – he was weak, undernourished, fatigued and overworked. And despite all those alleged AEG instructions to Dr. Murray to take care of Michael’s nutrition, he never discussed it with Kai Chase:
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Chase never saw the kids or MJ in May. In the beginning of June, Chase said she received a call from Michael Amir asking her to come back. |
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The energy in the house was not the same, Chase said. In April Chase said MJ was strong, healthy, active. “He looked good” Chase recalled |
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Chase said she asked to get half of her salary upfront. “I was afraid I wasn’t going to get paid,” Chase explained. |
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Chase said she wrote an email about it to make sure everyone was on the same page. |
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Chang: Did you decide to come back because you understood AEG Live would be covering you salary? |
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Chase: Yes |
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Chang: Did you notice any difference in MJ? |
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Chase: Yes, I noticed that Mr Jackson looked very different |
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Chase returned to work on June 2nd. |
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He appeared very weak, he looked very much thinner, undernourished, he didn’t look as well as I had seen him, Chase testified. |
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Chase said MJ actually told her ‘I need you to keep me and my children heathy.’ |
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It was an obvious difference, concerned me greatly. |
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I looked at him with great concern… I need you to keep me and my children healthy, MJ told Chase. |
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I thought he was being overworked, over rehearsed, Chase recalled. |
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Chase said MJ asked if she had his juices ready. They began talking about different juices she would make him. |
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Chase recalled that when she arrived at the house, the pantry was bare. One side there was Fiji water. |
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Refrigerator was bare! There was Coca Cola, red bulls and Starbucks coffee drinks, Chase said. |
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Chase then went to Whole Foods to buy organic food for the house. She explained While Foods has a card for chefs who have personal clients. |
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The credit card was declined. I had no choice but to use my own to pay for food to feed him and his family, Chase said. |
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This was not the first time credit card was denied, Chase said, and sometimes she’d have to leave the groceries behind or pay for it herself |
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Mr. Jackson, with his rehearsals and his schedule, I could see it was taking a toll on him, Chase opined. |
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Chase described when she observed MJ’s son Prince helping Michael go up the stairs once. |
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For a 12 year old, trying to carry his father, it saddened me, Chase recalled. |
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Chase: I knew I had to get this man as healthy as possible, but I didn’t know why he was deteriorating |
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Chase said she spoke with her parents about her concerns, but didn’t know who she could take to at the house about it. |
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The children were excited to see Chase rehired, the chef said. “The day I came back, they greeted me at the door.” |
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Paris created a shoebox called “the box of happiness.” |
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Note from Paris Jackson: Dear Kai,Thank you for these beautiful gifts you have us. |
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Note cont’d: Oh, and I’m writing this letter with the magic wand pen you gave me. I hope you like the presents & picture. |
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Note cont’d: And thank you for the presents for P.B. & Daddy, they like them! Lots of love, Paris Jackson |
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Chase went to Disneyland on her first day off and brought them presents. Paris was thanking Chase for it. |
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Chase recalled one time seeing Travis Payne and MJ rehearsing at the house |
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MJ did eat, but his portions were getting smaller, Chase said. |
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Chase first met Dr. Murray in the first few weeks of April. “He introduced himself to me as Michael’s personal physician,” Chase explained. |
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I saw him more daily in June, Chase explained, saying Dr. Murray wasn’t around as much in April, never saw him bring anything to the house |
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Majority of the times I’d see Dr. Murray there in the morning, Chase testified. She assumed Dr. Murray had spent the night. |
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Dr. Murray never discussed MJ’s nutrition with Chase. “I thought it was quite strange a doctor not checking MJ’s eating habits.” |
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I asked him a couple of times, but his answer was you can fix him anything, Chase said about conversation with Dr. Murray. |
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In June, Chase remembers seeing Dr. Murray at the house in the mornings. |
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My room was the kitchen, there was no reason for me to go upstairs, Chase explained about not going to the upper floor of the house. |
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I saw Dr. Murray bring oxygen tanks down from upstairs into the kitchen, Chase recalled. |
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Chase: Sometimes I saw them lined-up in the security booth with a sign saying “fill up every Friday.” |
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Yes, I was concerned, Che testified. “I had no idea what they had been used for, but I never asked.” |
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Chase: I felt it was strange to see the doctor there but he was slowly deteriorating; I didn’t understand it. |
The story of the meeting when the vase was broken is crucial in Chase’s testimony.
Up till now this meeting has been surrounded with almost complete silence. After a barrage of Panish’s questions Randy Phillips more or less admitted that there was a meeting in early June but in his view it was wholly ‘about nutrition’.
Paul Gongaware said he remembered one meeting with Dr. Murray in Michael’s home in early June, but it was also about ‘taking care of Michael’s needs, his diet and his stamina’. However as Gongaware’s testimony progressed he had to admit that the meeting was called because of missed rehearsals and Kenny Ortega being concerned about it.
The atmosphere of the meeting was tense, Michael looked frightened and the discussion was so heated that Chase remembers that the usually polite Michael went out of the room leaving them talking on their own.
Some time later Conrad Murray stormed out of the room too looking very upset and saying that “he can’t take this sh*t” any longer. Randy Phillips, Paul Gongaware, Kenny Ortega and Frank Dileo stayed behind and kept discussing things even until after Chase left.
The next day Michael was frightened and thoughtful, and looked to Kai Chase like the weight of the world was on his shoulder.
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Chase said there was a meeting at the house with Paul Gongaware , Randy Phillips, Dr. Murray and MJ, former manager Frank DiLeo. |
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Mr. Jackson asked me to fix snacks since he had guests coming over, Chase said. Meeting was around the second week of June. |
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Chase said the meeting was at the parlor. She went in and out serving beverages, snacks. |
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Mr. Jackson was covered-up, Chase said. MJ was wearing a surgical mask and several layers of clothing, sweatshirt. |
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Chase: I observed that he looked scared, he looked scared and frightened may be about this meeting would entail |
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I immediately heard loud crash, Chase said. MJ had a very expensive vase sitting behind where he will sit. |
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Chase: The vase crashed. It was rather large so it was loud. Myself and one of the housekeepers ran into the room to pick up the pieces. |
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I was able to hear some of the conversation, Chase said. “They were very firm with him.” |
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Everyone was talking over each other, Chase recalled hearing. “MJ left the meeting first, the gentlemen stayed,” Chase said. |
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Dr. Murray left second, came through the kitchen to leave. “He was upset,” Chase said. |
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He said “I can’t take this s**t,” Chase said Dr. Murray told her, storming out of the house. |
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Chase said others stayed in the parlor. She left around 6 pm, shortly after Dr. Murray, and the men were still there in the meeting. |
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Chase said MJ’s reaction afterwords: “He was thinking, the weight of the world on his shoulder, he was frightened, scared.” |
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MJ’s demeanor concerned me greatly, Chase recalled. |
A tweet from TeamMichaelJackson reports Chase saying that the meeting was in the 1st or 2nd week of June.
This makes it the first riot meeting for Michael in June, and to see how AEG is presenting the same story now we need to look up the testimonies of the two AEG participants in the meeting – Randy Phillips and Paul Gongaware.
Randy Phillips presents the meeting as nothing much. If you listen to him you can’t even understand why they arranged the meeting at all:
Q. What meeting was the vase broken at?
A. I don’t remember. It was one of the production meetings, probably in — sometime in either May or early June.
Q. Okay. This is a meeting at Mr. Jackson’s home?
A. Yes, in the living room – in the living room.
Q. And at that meeting, who was present when the vase was broken?
A. Frank Dileo, Paul Gongaware, myself – I’m not sure who else was in that meeting.
Q. Who broke the vase, if you know? A. I — I honestly don’t know. I think it might have been Frank.
Q. Now, did Dr. Murray, on the 20th when you had the meeting, walk out and say something to the effect of, “I can’t take this anymore,” or anything like that?
A. No.
Q. You never saw that occur –
Q. And did you raise with Dr. Murray that you wanted to make sure that Dr. Murray would ensure that Mr. Jackson had a proper diet?
A. Ensure that he had a proper diet?
Q. To make sure. I’m sorry. Make sure.
A. Most likely, yes.
Q. You did, didn’t you, sir? Do you remember testifying to that?
A. Probably, yes.
Q. And this is where the discussion came up as you called them very-high-nutrient protein shakes, correct?
A. That’s how Dr. Murray described them, yes.
Q. Right. And that would be the highlight of the meeting, as far as you recall, discussing Mr.Jackson’s weight that you were concerned about and for him to please, Dr. Murray, make sure that Mr. Jackson got proper nutrition?
A. Please I’m not sure of the question.
Q. To make sure that Dr. Murray you wanted him to make sure that Mr. Jackson kept his weight up and had proper nutrition, right?
A. I cared about Michael, yes.
Q. And do you remember asking Dr. Murray, “how is Mr. Jackson’s health?”
A. Vaguely remember asking him that.
Paul Gongaware says it was the only meeting he remembers with Dr. Murray.
Initially he says that all of it was about Michael’s needs. Then he recalls that it was about Michael missing rehearsals. And then he recalls that all in all they had five to ten (!) meetings in Michael’s home in June alone.
Over here another discovery is awaiting us. Gongaware says he remembers only two meetings with Conrad Murray and out of these two one was when Michael was signing his contract on January 28th. Up till now we thought that those present included only AEG people, Tohme and his laywer Dennis Hawk, Peter Lopez and Michael Jackson – and now we learn that Murray was also there? Incredible things we are learning here…
A big surprise is also awaiting us as regards the reason for the June meeting described by Kai Chase.
Since this was the only other meeting with Murray Gongaware remembers, he and Kai Chase must be talking about one and the same meeting, and from Gongaware we learn that the reason for the meeting was an incident when Michael was to rehearse with Travis Payne but was found watching some videos instead – and this was evidently exposed by them as a terrible crime.
The timing for it is a suitable one. During that period Michael was making videos at Culver studios so it was natural for him to watch the footage made there. But for Randy Phillips the only acceptable way of behavior was rehearsals, so we can imagine what yelling he arranged for Michael when he heard of his ‘crime’. No wonder Michael looked frightened and deep in thought the next day.
Here is an excerpt from Gongaware’s testimony on May 30 where he speaks about 5 to 10 meetings in Michael’s home in June alone:
Q. So tell us about how many meetings you were there then?
A. I don’t remember how many.
Q. Okay. Tell us how many Mr. Jackson was there at?
A. Every meeting I was at in June, Mr. Jackson was there.
Q. Was it more than five?
A. Might have been.
Q. More than ten?
A. Probably not.
Q. So somewhere between five and ten meetings you were at Mr. Jackson’s house in June now, is that right?
A. Somewhere in there.
Q. Okay. Tell us who was at the other four meetings that we haven’t discussed that you now recall?
A. I don’t remember specifically the meetings, but every meeting I was at at the house, Michael was there, most of them, Frank Dileo was there, Kenny was at most of them, Randy was at most of them. That’s what I remember.
Q. So Randy Phillips was at five to ten meetings with you in June at Mr. Jackson’s house, correct?
A. Somewhere around there, yeah.
Q. Okay. And Mr. Ortega was at five to ten meetings with you at Mr. Jackson’s house, right?
A. Somewhere around there, yeah.
Q. And so then you were pretty much going to a meeting every day or two at Mr. Jackson’s house, then?
A. No.
And this is Gongaware’s testimony two days earlier, on May 28 from which we learn of Murray’s presence at signing Michael’s contract in January 2009 and of the fuss AEG made at hearing that Michael watched videos instead of rehearsing:
Q Do you know whether Dr. Murray ever broke a vase in any meeting you were at at the Carolwood home?
A I was only in one meeting with Dr. Murray at the Carolwood home, and I don’t recall a vase being broken.
…Q What was the date of that meeting?
A It was sometime in June. I think it was in early June.
…Q You just said the meeting was in early June I’m just trying to understand what you mean when you say “early June” does that mean it’s either from June 1st anytime up to June 15th?
A Or thereabouts.
Q Now, sir, that meeting when you were there in early June, or thereabouts, how many people were present?
A You’re talking about the meeting with Dr. Murray?Q I’m talking about the meeting you just told us that was in early June, or thereabouts.
A The meeting that Dr. Murray was at — there were — sir, there were several meetings in that time period. I don’t recall specifically what you — which one you mean.
Q Well, you just told me you can only remember one meeting. Do you now remember more meetings?
A I remember one meeting with Dr. Murray.
Q Well, one with Dr. Murray and how many other meetings do you remember being at at the Carolwood home?
A I don’t remember how many there were.Q So, sir, as you sit here today, as the person in charge of this tour, you can’t give us any estimate of how many meetings you attended at Michael Jackson’s home, correct?
A That’s right.…Q Okay. So the only meeting you recall is the one with Conrad Murray; is that right?
A Well, I recall there were other meetings, but I do recall the Conrad Murray meeting, yes.
Q Tell us — list for me all the other meetings that you recall attending at Mr. Jackson’s home.
A Well, there was a meeting when he signed the contract. That was at Carolwood.Q Okay. That’s January 28th. Let’s put that aside. Okay?
A Right.…Q Other than the meeting with Dr. Murray and other than the meeting where the contract was signed, can you remember any other meeting at Mr. Jackson’s home?
A I remember that there were others, but I don’t recall specifically any of those meetings right now.
Q Okay. So now this meeting with Dr. Murray that you — the only one you recall other than the contract was in early June or thereabout, right? Did I get that right?
A Yes, sir.Q Okay. And who was present at that meeting?
A Kenny was there, Randy, Frank Dileo, Dr. Murray, Michael. I think that’s it.
Q How long did the meeting last, sir?
A Might have been an hour.Q Was the meeting in the daytime or the nighttime?
A It was in the daytime.
Q Okay. When you say “daytime,” what do you mean?
A It was still light out.
Q Okay. Well, in the month of June — I don’t — let me withdraw that. Was it still light when you left the meeting?
A Yes.
Q Now, sir, at that meeting, was it being discussed that part of Dr. Murray’s job was to make sure Michael was okay in getting to the rehearsals?
A No, I don’t think it was about getting him to rehearsals. I think that the meeting was about making sure Michael Jackson and Dr. Murray had everything they needed to care for Michael.
Q Okay. Did you ever have a meeting where you discussed Michael Jackson’s health at his home, sir?
A That’s the same meeting.
Q So is that a “yes”?
A I don’t know if we discussed his health. We certainly discussed his well being and what he would need.
Q Okay. My question to you, sir, specifically, did you ever have a meeting at Michael Jackson’s house where Michael Jackson’s health was discussed, yes or no?
A Well, I don’t know what you’re talking about, “health.” I’m not sure I understand that part of it. But yes, we did talk about health-related issues.
Q Okay. Well, the meeting wasn’t about missing rehearsals, was it, sir?
A I don’t remember that part of it. It was more of a general meeting about what Dr. Murray would need, if he would need anything, and general situation.
Q Okay. Well, let’s — let’s go to the — your testimony on January 28, 2011. I’m sorry. Let me rephrase that. Did you tell the truth when you testified in the criminal trial on September 28th, 2011, sir?
Q Sir, you had a meeting, the only meeting you remember with Dr. Murray, and Mr. Jackson’s health was discussed at that meeting, wasn’t it, sir?
A Health issues were.
Q And — and during that meeting, you knew that Mr. Ortega had already expressed concerns about Mr. Jackson missing rehearsals, correct?
A Yes.Q And during that meeting, it was your belief and understanding that Mr. Jackson was at home practicing with Travis Payne, isn’t that true?
A During what time?
Q At the time that that meeting occurred, was it your understanding that Mr. Jackson had been at home practicing with Travis Payne?
A I don’t recall that.
Q Okay. Well, let me show you, sir, a document that I previously showed you, which if I approach you, I’ll see if I can get it for you, which is your statement to the police. You met with the police, didn’t you, sir?
A Yes, I did.
And was your attorney, Mr. Putnam, present there?
A Yes.
Q (reading) “Gongaware did attend a meeting at the Carolwood residence a couple of weeks prior to June 20th.”
Does that refresh your recollection, sir?
A Not sure what they’re talking about, but I was at meetings then.
Q Okay. (continues reading) “Gongaware was not sure of all present, but believed Randy Phillips, Frank Dileo were there. Michael Jackson and Conrad Murray were present.”
Is that the meeting that you referred to with Dr Murray — the only meeting that you remember with Dr Murray?
A Right.
Q And then it says “the — the topic of the meeting was Jackson’s overall health.”Did I read that right, sir?
A Yes.
Q That’s what you were discussing, Mr. Jackson’s health, correct?
A Issues — I think it’s right there, as well — with diet, stamina, and so forth, yes.
Q This is what you told the police, sir?
A Yes.
Q And then it said Jackson had missed a rehearsal and was thought to be dancing at home. Do you remember me asking you that, sir?
A Yes — but you were asking if it was at this meeting, and I don’t recall it being at this meeting.
Q You told the police it was at this meeting, sir?
A No. I think the police have it wrong here.
Q Okay. So the police officer made a mistake?
A I don’t recall the meeting where Michael was dancing at home and — being the same day as the health meeting.
Q And then it says “however, they discovered he was only watching video.”
Did I read that right, sir?
A Yes.
Q Did you learn that Mr. Jackson wasn’t dancing at home, but he was only watching video?
A I think there was an occasion when that was the case, yes.
It was after that meeting in early June that Michael looked frightened and thoughtful to Kai Chaise, and seemed to be carrying the weight of the whole world on his shoulder.
Kai Chase describes the tragedy that followed and tells us how hard it is for the children to cope with it even four years later:
|
157 |
Chase said MJ’s reaction afterwords: “He was thinking, the weight of the world on his shoulder, he was frightened, scared.” |
|
158 |
MJ’s demeanor concerned me greatly, Chase recalled. |
|
159 |
The chef did not suspect Dr. Murray was doing something harmful to Michael Jackson. |
|
160 |
I thought it was strange that there were oxygen tanks at home when there was a doctor 24/7, Chase explained. |
|
161 |
On June 24, Chase arrived at the house as usual and prepared breakfast. Dr. Murray was there, came to the kitchen from upstairs around 10 am |
|
162 |
In June, MJ rarely went downstairs to eat breakfast, Chase explained. Dr. Murray would get the food and take it to him. |
|
163 |
He was dragging, he was dragging a little that day, Chase said. “But I did tell him he looked good, to give him some encouragement.” |
|
164 |
Chase said MJ was contemplating going to Staples Center or training at home with Payne that day. |
|
165 |
Chase was told to leave two dinner items in the fridge, one for Dr. Murray and one for MJ. She would work until 6:30-7, sometimes later. |
|
166 |
June 25, Chase arrived at the regular time. She prepared some breakfast. “Everything was beautiful as usual.” |
|
167 |
Chase said kids were playing at the den, she went grocery shopping, unloaded groceries. Lunch was always served around 12:30 am. |
|
168 |
Saw Dr. Murray between 12:05-12:10 he came down in the same stairs as always. “He was frightened,” Chase testified. |
|
169 |
Chase said Dr. Murray screamed to her “go get help, go get security, go get Prince.” |
|
170 |
Chase stopped and went to get Prince. She told him “Hurry, Dr. Murray needs you, there may be something wrong with your father.” |
|
171 |
Prince went to Dr. Murray and Chase saw the housekeepers, Jimmy and Blanca, crying saying there may be something wrong with Mr. Jackson. |
|
172 |
Chase becomes emotional, cries a bit on the stand. |
|
173 |
Chase: I hear Prince screaming daddy, daddy, daddy, Paris screamed DAD! |
|
174 |
Chase said she didn’t want the children to feel pain. So she hugged all the children and said “Let’s pray.” |
|
175 |
Chase said people were crying, security was everywhere, paramedics going up the stairs, chaos. |
|
176 |
Katherine Jackson wiped her eyes, cried in the audience. |
|
177 |
They were devastated, Chase said about the children. |
|
178 |
Chase said she heard on the radio that MJ had died. “I didn’t want to believe it, I thought they were lying,” Chase said. |
|
179 |
Chase said she was paid for overseas interviews, which were mostly on food preparation. |
|
180 |
About returning to work last year, Chase said she got a phone call saying the children had been requesting me since their daddy’s death. |
|
181 |
Chase began working with Mrs. Jackson and children in July 2012. |
|
182 |
The kids really miss me, loved me and I agreed, Chase explained. |
|
183 |
Chase said family was very important for MJ, they talked about it about 50% of the time. “He loved his mother and he loved his children.” |
|
184 |
Chase said her responsibilities are the same with Mrs. Jackson. She said she has a lot of the in common with her, including the love for MJ. |
|
185 |
She loves music, and art, and beautiful flowers, Chase explained about Mrs. Jackson. She said she speaks with the children every day. |
|
186 |
Mrs. Jackson misses him very much, Chase said. “This is her child, her son! It saddens her, she cries, I cry. I comfort her.” |
|
187 |
Chase said Mrs. Jackson misses her son’s spirit, the love he gave to her, the jokes they would share together, the conversations, the love. |
|
188 |
About the children, Chase said they were huge and becoming teenagers when she came back last year. |
|
189 |
Prince and Paris go to private school, Blanket is still home schooled. |
|
190 |
Before they were in this protective type of special life, Chase explained. “They are thrust into the world now, which is all new to them.” |
|
191 |
Chang: Do they miss their father? |
|
192 |
Chase: That’s apparent |
|
194 |
The love and the home is the same, Chase explained. |
|
195 |
Chase said the children talk about MJ’s music, what he would do in certain situations. |
|
196 |
Prince is now 16 years old. Chase says he was daddy’s little man, but now feels the weight of the world on his shoulder. |
|
197 |
Chang urged Chase not to go into too many details about Paris. |
|
198 |
Being daddy’s little girl, she’s devastated and lost, Chase said about Paris. |
|
199 |
Chase on Paris: She’s looking, for there was some much love that was given between her and her father |
|
200 |
She’s lost, she’s searching, she’s sad. It’s devastating to her, every girl needs her father, Chase said about Paris. |
|
201 |
She’s trying to find herself, trying to find who she is and it’s taking a lot of love and understanding to keep her together, Chase said. |
|
202 |
Chang: Is she having a difficult time coping with the death of her father? |
|
203 |
Chase: Yes, she is. She breaks down, she cries, she talks about him, she doesn’t want to have another birthday again |
|
204 |
The entire household has been worried about Paris, Chase said. |
|
205 |
Blanket just graduated from grade school. Chase said this is all knew to him too. “As the littlest he has his older siblings to protect him” |
|
206 |
I still think the youngest child will be the most affected. Being the baby, it’s a lot of remembering of what daddy did, Chase on Blanket |
|
207 |
He’s hurt too, he’s feeling a little lost too, Chase said, adding Blanket never had a growing up moment when was father-son only. |
|
208 |
He remembers his father, Chase said. |
|
209 |
Chase hugged Katherine Jackson in the audience and they both cried |
|
210 |
No more questions by plaintiffs. |
|
211 |
AEG’s attorney Jessica Stebbins Bina did cross examination of Kai Chase. |
|
212 |
Bina asked if Michael Amir did background check in her. She replied she didn’t know. |
|
213 |
Middle of April Chase began having Sundays off. |
|
214 |
Bina: Did you sign anything to get a credit check on you? |
|
215 |
Chase: No |
|
216 |
In April, Chase said she saw MJ a lot. He would come home for lunch and stay for dinner. |
|
217 |
Chase said she spent 70-75% in the kitchen. The rest, she says she spent playing with the children. |
|
218 |
Chase said in April, MJ would hang out with the children about 3-4 times a week for about 25% of the time. He wasn’t there as much in June. |
|
219 |
I don’t know if it was unspoken rule, I was told by Michael Amir that client requested quarters upstairs to be private, Chase explained. |
|
220 |
Chase said that either the children or Dr. Murray would take the food upstairs. |
|
221 |
LAPD detective Orlando Martinez said Chase took a tray of food for MJ upstairs, and she said it was not true, that never happened. |
|
222 |
Bina showed paparazzo picture of the children in 2008. At the corner, there’s a man in a wheelchair wearing surgical mask. He resembles MJ. |
|
223 |
Chase said she doesn’t know who the person is. Bina wants to show another photo, and Chang requested a sidebar. |
|
224 |
Chase could not say whether the person on the wheelchair and surgical mask was MJ. |
|
225 |
Bina played video deposition of Paris Jackson. She said her dad didn’t like Rwaramba, he said she was sneaky, wasn’t honest person, lied a lot |
|
226 |
Paris tells in the depo how Grace Rwaramba portended to be MJ’s wife when they were at hotel rooms. This contradicted what Chase testified. |
|
227 |
We have copy of the deposition video, will post link to our story as soon as we have it. |
|
228 |
The pay was sporadically, Chase said. When she asked about where the checks were, she was said they were going through changes. |
|
229 |
Bina inquired Chase if she knew how the private circus in the backyard for Paris birthday party was paid for. She said she didn’t know. |
|
230 |
Chase said Michael Amir told her she would get fired if she asked MJ or the kids about not getting paid. |
|
231 |
As to the snail hunting, Chase said it happened around 8 pm and she wasn’t sure how MJ would react. |
|
232 |
Bina: When you were let go in May, did you believe MJ was healthy? |
|
233 |
Chase: Yes |
|
234 |
Chase said neither MJ nor his children called her after she was fired to find out why she wasn’t at the house. |
|
235 |
He didn’t look healthy, Chase explained. “He looked a little undernourished.” |
|
236 |
Bina: Do you know the reason why MJ couldn’t buy food in May? |
|
237 |
Chase: I don’t know |
|
238 |
Chase said she has no idea what MJ and the children were eating in May while she was gone. |
|
239 |
Chase said MJ looked pretty strong in April. “He looked great in April, he didn’t look good in June,” Chase opined. |
|
240 |
Bina said Chase never mentioned the stair incident, where Prince had to help MJ upstairs, to the media. |
|
241 |
I wanted to be very general with my conversations with the media in respect of his privacy, Chase explained. |
|
242 |
Bina played Prince’s video deposition where Prince said he wouldn’t be able to help his dad upstairs. |
|
243 |
He was rehearsing a lot, tired, that’s what I saw, Chase explained. “I saw him tired, weak and over rehearsed.” |
|
244 |
Chase said she asked Dr. Murray about MJ eating. “He said, well, he doesn’t eat that much.” |
|
245 |
Chase said Dr. Murray seemed like a nice man. She was not concerned about him not being a good doctor. |
|
246 |
Chase was shocked when she heard MJ died. She first didn’t believe it. |
|
247 |
Chase testified she never saw MJ drink alcohol or under the influence of drugs. In April, Chase said she saw Dr. Murray 2-3 times a week. |
|
248 |
There was one time in June Chase cooked dinner for Dr. Murray, MJ and the kids, served Turkish lentil soup. |
|
249 |
Chase said the times she saw Dr. Murray and MJ together, they had a friendly relationship; children seemed to like Dr. Murray as well. |
|
250 |
My understanding was that Dr. Murray was his personal physician, Chase explained. |
|
251 |
Chase said it didn’t seem weird MJ have doctor, maybe he needed for aching bones. But she thought it was weird to have a doctor every day. |
|
252 |
It was strange that he (Dr. Murray) was there all the time, Chase opined. |
|
253 |
Oxygen tanks in April were smaller, in June bigger, Chase said. She saw Dr. Murray come down with a tank on each hand in the morning. |
|
254 |
Chase never inquired about the oxygen tanks, because “it was none of my business.” |
|
255 |
Chase said she didn’t have any idea that MJ was taking Propofol to sleep. |
|
256 |
Chase: I thought he was over rehearsed, I thought he was rehearsing too much, that they were overworking him. And this was the result of it |
|
257 |
Chase testified in April MJ would eat breakfast with his kids every morning. But in her depo, she said Dr. Murray would bring his breakfast. |
|
258 |
He had breakfast with his children when he wasn’t having food upstairs, Chase said. |
|
259 |
Judge adjourned session until today at 1:30 pm PT with Kai Chase resuming her testimony. We’ll bring you all the details during breaks. |
|
260 |
Here’s a link to our story with Prince and Paris deposition: http://abclocal.go.com/kabc/video?id=9144445 … |
Here are the short fragments from Paris’s and Prince’s depositions posted by ABC news to “refute” Kai Chase’s testimony:
http://abclocal.go.com/kabc/video?id=9144445&pid=null
Poor children if they have to talk about things like that. And Paris’s account is not refuting anything as regards Grace Rwaramba – I highly doubt that Michael would tell his 11-year old daugher the details of his intimate life with women, so all his stories here should be taken with a grain of salt. And as regards Prince the question asked by his AEG torturers is simply wrong – he didn’t carry his weak father upstairs, he simply helped him to get there.
Kai Chase’s testimony produced so much impression on everyone that it was rather decently reported even by the press:
CHEF DESCRIBES KIDS’ GRIEF OVER JACKSON’S DEATH
By ANTHONY McCARTNEY
— Jun. 18 8:08 PM EDT
LOS ANGELES (AP) — Michael Jackson’s personal chef described for jurors the home lives of the children during the final months of the singer’s life and their ongoing grief over their father’s death nearly four years ago.
Gone are the freewheeling days when the children, Prince, Paris and Blanket Jackson played with their father and traded jokes at the dinner table, chef Kai Chase told jurors Tuesday.
It has been replaced, Chase said, by a weight on eldest son Prince Michael Jackson’s shoulders. Daughter Paris Jackson cries and no longer wants parties for her birthday since her father hosted a private circus for her 11th birthday. Youngest son Blanket, who remains home-schooled, wears a T-shirt with his father’s image every Friday, she said.
Chase recounted for jurors her interactions with Jackson, his children and her ongoing work with the singer’s mother and children for jurors hearing Katherine Jackson’s negligent hiring case against concert promoter AEG Live LLC. The company denies all wrongdoing.
After weeks of testimony about Jackson’s business dealings with AEG, Chase’s testimony returned the trial’s focus to the King of Pop and his offspring.
“At 16, the weight of the world is on his shoulders,” Chase said of Prince Jackson, who is trying to figure out girls and all the challenges adulthood brings.
His younger brother, 11-year-old Blanket, has his older siblings to shield him from pain but had the least time to spend with his father. “He never really had a time when it was father-son because he was so tiny,” Chase said.
The singer’s only daughter seems to be having the hardest time, Chase said.
“Being daddy’s little girl, Paris is devastated,” Chase said. “She’s devastated and lost.”
Chase’s testimony provided a look into the lives of Jackson’s three children before and after their father’s death in June 2009. Michael Jackson was fiercely protected of their privacy, often using masks to hide their faces when they were in public.
She now has daily interactions with Jackson’s children since being hired to serve as their chef in July 2012. Of Paris, she said, “She’s trying to find herself and find who she is,” Chase said. “It’s taking a lot of love and understanding to keep her together. She breaks down, she cries, she talks about him.”
Earlier in her testimony, she described an April 2009 birthday party for Paris that included a private circus. The Cirque du Soleil-style show featured men on stilts and a woman performing in a giant balloon, Chase said.
Paris Jackson, who was turning 11, adored her father and Chase helped decorate a room filled with posters and photos of the “Thriller” singer. The singer’s music was played throughout the party.
It was the last birthday party the 15-year-old has had. “Paris hasn’t had any birthdays since,” Chase said. “She hasn’t wanted to celebrate since.”
She described the routines in Jackson’s home in the months before his death, describing him as a vibrant and hands-on father. But by June 2009, Chase said Jackson was deteriorating and she witnessed Prince having to help his father up a staircase to his bedroom.
She said she met AEG executives at the center of the case, including chief executive Randy Phillips and executive Paul Gongaware, when they came to Jackson’s home for meetings about the singer’s ill-fated “This Is It” comeback concerts. One tense meeting in June started with a vase being broken — she didn’t know by whom — and with Jackson and his personal physician storming out.
The doctor, Conrad Murray, told her as he left the home, “I can’t take this (stuff.)”
She described the Jackson family dynamic in happier times at the home. The entertainer wouldn’t allow his children to eat sweets and made sure they went to bed early so they would be alert for tutors who instructed them. Chase described Jackson as a prankster who ate meals with his children, exchanging jokes and stories.
When the singer entered the room, his children would run to their father when he came into a room. “They would take off like lightning,” she said, hugging their father’s ankles and legs.
If jurors determine AEG Live is liable for Jackson’s death, they will have to determine any damages awarded to his mother and his children.
http://bigstory.ap.org/article/chef-describes-jackson-childrens-lives-jury
The media is finally beginning to suspect that AEG might lose the case. Well, better late than never:
Michael Jackson Wrongful Death Trial: Could AEG Actually Lose?
byFree Britney at June 16, 2013 10:07 am.
The Michael Jackson wrongful death trial is in full swing, and it looks like defendant/concert promoting giant AEG Live actually stands a chance of losing.
Michael’s mother and his children’s guardian, Katherine Jackson, have made a bold effort to convince a jury AEG Live was negligent, TMZ reports.
Randy Phillips, the head of the company, had trouble explaining why he thought MJ “looked really good” in a meeting just five days before his death.
A photograph of the entertainer taken a day before – June 19, 2009 – clearly showed otherwise, with a smiling Jackson looking noticeably gaunt and pale.
Kenny Ortega and others testifying that they were alarmed over MJ’s health as AEG and Dr. Conrad Murray ignored them has also provd compelling.
In the days preceding his death, Jackson missed rehearsals and was sweating profusely. He also seemed out of it, saying “God keeps talking to me.”
As for how Phillips reconciled his comment about Jackson with other evidence, he said, “I was confused as anybody.” Not exactly a convincing argument.
Experts believed AEG would and could make the case that they felt Jackson being properly cared for by Murray, who MJ is said to have hand-picked.
In other words, the explanation that Jackson knew what he was getting into and AEG can’t be held responsible for his recklessness seemed airtight.
Or not. Lawyers for Katherine Jackson and the children (Blanket, Prince and Paris Jackson) may have the upper hand in the trial up to this point.
They key: If a jury believes AEG unreasonably pushed Michael to perform when they knew he wasn’t up for it, or if they ignored possible warning signs.
The family is seeking tens of BILLIONS of dollars in damages resulting from the death of Michael Jackson, which tragically occurred June 25, 2009.
This post is a short look at DAY 31 at the AEG trial. David Berman, an expert for the Plaintiffs (Jacksons) testified the whole day and judging by the short tweets from ABC7 Court News and TeamMJ arrived at very important conclusions.
Here they are with some of my very short and very spontaneous comments.
Monday June 17, DAY 31
|
1 |
Hello from the courthouse in downtown LA. Day 31 of Jackson family vs AEG trial had plaintiff’s expert witness in the business testifying. |
|
2 |
David Berman lasted all day in the stand. William Bloss, attorney for the Jacksons, did the questioning. Sabrina Strong for AEG crossed. |
|
3 |
Katherine Jackson was not in court today. No word on when members of the family will return. |
|
4 |
A seat in the trial is now more precious than ever. The Fire Marshal is restricting the number of reporters to 7 in the small courtroom. |
|
5 |
The new seating arrangement is also more confined to the jurors. Some of the alternates had been sitting on chairs below the jury box. |
|
6 |
The inspector said the jurors have to be on the same level. That means they were squeezed together in a tight platform. |
|
7 |
Jurors chuckled as they settled in new seating. The thick leather chairs are gone replaced by narrower, sleeker chairs, lightly padded |
|
8 |
Judge – Jurors before we get started you may noticed .. The Fire Marshal told us we had to change some things |
|
9 |
We were told someone called the fire marshal complaining |
|
11 |
Judge: if any of you have discomfort we wil get a cushion or try to do what we can |
|
12 |
New witness: Plaintiffs’ retained expert David Berman (industry expert) on stand being questioned by attorney William Bloss. |
|
13 |
Berman has been an executive in the music industry for 45 years. He has BA in Business Administration from University of Michigan and JD from Harvard |
|
14 |
Berman represented artists, negotiated management agreements, worked with Beach Boys Temptations, A&M records, 20th Century Fox, the Doors. |
|
15 |
Some of Berman’s work included contracts. He went to Warner Brothers, worked with Madonna, Fleetwood Mac, Prince. |
|
16 |
Berman said he did acquisitions with other record companies. He explained the function of music lawyer is the “deal.” |
|
17 |
Berman explained 60 to 70% of his practice involved contracts. He became president of Capitol Records, supervised running the record company |
|
18 |
Berman worked with Bonnie Raittt, Beastie Boys, Queen, Paul McCartney; left Capitol Records in Sept 89; returned to law firm for the year |
|
19 |
Berman then went to Geffen Records as senior executive in charge of business affairs. Became general counsel and supervised business affairs |
|
20 |
Berman worked with Guns and Roses, Eagles, Peter Gabriel. In Feb 1998 went to Walt Disney to be in charge of Buena Vista Music group. |
|
21 |
Berman has been engaged 38 times to testify in court as an expert witness, 60% of times for plaintiffs, 40% defendants. |
|
22 |
Berman said he was contacted by plaintiffs attorneys in December of last year and a meeting was set up. |
|
24 |
Bloss: What were you provided by attorneys? |
|
23 |
Berman: An enormous amount of written material |
|
25 |
Berman said he reviewed 26 depositions, declarations, extraordinary amount of email, pleadings, all that. |
|
26 |
Bloss asked if getting paid $500/hr is standard amount. Berman said he knows some experts who charge more, others less. |
|
27 |
AEG was major promoter, Berman said, explaining concert promoter promotes or markets the concert, secure the venue, ticket sales, tour merch |
It will never cease to amaze me that for its obligations of a promoter (selling tickets, providing the venue and selling merchandise) AEG was charging 10% of the gross revenue. The tickets were sold within minutes, and if they brought $100 mln for example, AEG was getting $10 mln then and there even without moving their little finger.
Some artists need promotion as their tickets sell poorly, but in Michael’s case not a single effort was made. Considering that AEG spent zero money on promotion they could have relieved Michael of some other expenses, but instead they placed on him even more than Michael ever expected.
And why did they consider the rent for the O2 arena Michael’s responsibility too if it was their obligation to provide the venue?
|
28 |
The tour producer, Berman said, is in charge of physical production of the show, the staging, the lighting, the dancing, the choreography. |
|
30 |
Bloss: Have you been a concert promoter or producer? |
|
29 |
Bernam: No |
|
31 |
Berman: The essential deal involves the relationship with the artist, what does a concert entity do for, to and with the artist. |
|
32 |
The customer for concert promoter is not the ticket buyer, it is the artist, Berman explained. |
We should remember it – the customer for the concert promoter AEG was Michael Jackson, and no one else but MICHAEL JACKSON.
And what do know about the customer? The customer is always right. Was it that way with Michael?
Are you kidding?
|
33 |
Bloss: Do you have opinion if tour producer should hire physician for the artist? |
|
34 |
Berman: I believe it’s entire inappropriate highly unusual |
|
35 |
I’ve never done it, I’ve never heard it being done Berman said about hiring doctor “It’s my understanding until this time AEG hadn’t done” |
|
36 |
It creates an inherent conflict of interest, Berman opined. “The physician has obligation to the person treating and the entity paying him” |
|
37 |
It is a more egregioius conflict given the factors in this case, Berman expressed. |
|
38 |
Bloss showed Berman the ‘Trouble at the Front’ email Ortega sent to Phillips saying he didn’t think MJ was ready, his physical weakening. |
|
39 |
The response to me is very telling Berman explained, saying Phillips was dismissive when he responded lets not become amateur psychiatrist |
|
40 |
Phillips recognized the potential of the doctor not being ethical or unbiased, Berman highlighted. |
|
41 |
It is my understanding AEG never did anything to check out Dr. Murray, Berman testified, “It shows they were aware of potential conflict |
|
42 |
Bloss: Did you become involved in retaining a physician for any entity? |
|
43 |
Berman: No |
|
44 |
Bloss: Did you ever hear of a music company retaining a physician for an artist whether it was at artist’s request or not? |
|
45 |
Berman: No |
|
46 |
WB: How could conflict be avoided? |
|
47 |
DB: By hiring a doctor with no relationship to AEG |
Indeed, the conflict of interest could have been easily avoided. Even if Michael lacked funds to pay Murray AEG could have given him a bigger advance and then Michael would have paid Murray directly. No questions would have ever arisen to AEG in that case.
This is how their desire to control everything and everyone became their own ruin.
|
48 |
Bloss: Would it be a reasonable practice? |
|
49 |
Berman: No |
|
50 |
Defendants objected saying Berman has never been a producer, a tour manager or worked for a producer or manager. |
|
52 |
Bloss: What is personal manager? |
|
51 |
Berman: A personal manager is involved in every aspect of the artist’s career and the artist’s life |
|
53 |
Berman said the fact Dr. Murray wanted $5 million to be engaged as MJ’s physician is some kind of red flag, even though it was turned down. |
|
54 |
Berman: Even amount of $150k/month, as agreed, is an exorbitant amount. It’s more money than any individual in the tour was getting |
|
55 |
The expert said AEG was aware of another physician, Dr. Finkelstein, had been willing to take the position as MJ’s doctor for $40k a month. |
|
56 |
Berman: If there was an alternative to Dr. Murray at a fraction of the price, it seems to me that information should’ve been passed on to MJ |
The information about the second physician was revealed during Gongaware’s testimony. Dr. Finkelstein was ready to go on a tour and was known to Michael very well as he had accompanied him before. The fee he was to charge was one fourth of Murray’s salary.
A quote from Gongaware’s testimony:
Q And you asked Dr. Finkelstein if he were the doctor, what would he charge, right?
A Yes, I did
Q And he told you about 40,000 a month, correct?
A He said 10,000 a week.
Q Is that 40,000 a month, approximately?
A Well, there’s 31 days, four weeks would be 28. It could be 45000, depending on the month.
Q Okay. What about in February? Don’t answer that.
Did Dr. Finkelstein express interest in being the tour doctor?
A I don’t recall specifically, but I — I knew he would want to.
Q My question was did Dr. Finkelstein express interest about being the tour doctor, sir?
A Specifically, I don’t recall.
|
57 |
Berman said he understands that Mr. Gongaware was the one dealing with Dr. Murray’s hiring on behalf of AEG Live. |
|
58 |
Berman expressed AEG was in the process of negotiating and securing an agreement between themselves and Dr. Murray to be MJ’s physician. |
|
59 |
Bloss showed the email where Paul Gongaware wrote “Done at $150k a month, per MJ.” |
|
60 |
It’s indicative of fact that agreement had been reached on behalf of AEG Live that Dr. Murray, Berman explained. |
|
61 |
Berman said he didn’t think this email alone proves AEG hired Dr. Murray. |
|
62 |
Judge: to the jury, YOU will decide whether Dr. Murray was hired. All the testimony by hiring is made on assumption he was hired (or not) |
|
63 |
Berman opined that emails between AEG and Dr. Murray offered more details of the terms of the engagement between AEG Live and Dr. Murray. |
|
64 |
Berman said it was a three party agreement between AEG Live, Dr. Murray and MJ. Berman said emails about the agreement were never sent to MJ |
|
65 |
Berman explained it is as if one party was being denied participation in the bind in the terms of the agreement. |
Over here it is crucial to remember that by the time Murray’s contract was finally ready Michael already had a lawyer – John Branca.
Randy Phillips testified that Branca was hired on June 18th, and if earlier Phillips could use the pretext of “no lawyer and no real manager” for not showing Murray’s contract to Michael’s lawyer, after hiring Branca it was impossible to use that argument even as a pretext. So they simply did not want to ask Michael’s opinion of Murray’s contract or inform him of its terms.
|
66 |
Bloss showed Berman a tour budget dated May 16, 2009. Berman explained it included $300k for medical management. |
|
67 |
Berman said the amount on budget is consistent with $150k for Dr. Murray for the months of May and June, 2009. |
|
68 |
Dr. Murray acknowledged he’s in agreement with terms of May 8th email, Berman explained, saying he was performing services that day already |
|
69 |
Berman noted Dr. Murray wrote “I have performed and continue to fulfill my services to the client in good faith” and “as per our agreement” |
|
70 |
I’ve never heard of it and, to my knowledge, AEG had not done it before, Berman said about retaining a doctor. |
|
71 |
I think an artist is perfectly entitled to engage any physician he chooses, Berman said. |
|
72 |
Berman testified it is not unusual for an artist to hire and bring his own doctor on tour. |
|
73 |
However, Berman opined that AEG inserted themselves in the middle of the deal as an attempt to be in position to control MJ’s doctor. |
Exactly. There was no other reason for AEG for going into a contract with Murray other than controlling him.
|
74 |
Bloss: May agreements be oral in your industry? |
|
75 |
Berman: Of course, it’s a common occurrence |
|
76 |
Berman: agreements are commenced and performed by both parties by oral agreement and subsequently put in writing. It’s not uncommon at all |
|
77 |
Bloss: When does the agreement start? |
|
78 |
Berman: Generally speaking, when one party has commenced performing under the oral agreement |
|
79 |
Berman said it is not unusual in the entertainment business at all to amend contracts without putting the changes in writing. |
|
80 |
For instance, Berman said MJ’s agreement called for 31 shows, it was amended to 50; tour budget was $7.5 million, increased to $30 million |
All this talk about oral contracts is a double-edged sword for AEG.
They say that only written contracts were to be executed and oral agreements like the one they had with Murray were not valid.
But then the same should go for Michael’s contract. Even if he did give an oral consent to cover all those millions of production expenses AEG should not have listened to him and should have demanded a written confirmation as they themselves say that “everything should be in writing”. But no such written confirmations exist (because he never gave them).
In short AEG should either accept that verbal agreements were valid in both cases – and then Murray’s contract was valid (so they hired him like everyone else and were obliged to pay him). Or verbal agreements were valid in neither of the cases – and then it means that Michael never agreed to pay those excess production costs.
A beautiful situation! Beautiful and clear like a mathematical formula.
|
81 |
Berman said it’s common practice for outside counsel, Kathy Jorrie in this case, to send agreement they’re drafting to in house counsel. |
|
82 |
Berman: The email shows that nobody from MJ’s camp received copy of the draft agreement AEG Live was putting together for Dr. Murray. |
|
83 |
Berman thinks it’s unreasonable and inappropriate not to include one of the three parties of the agreement in the discussions of the deal. |
|
84 |
Berman said he understands Dennis Hawk, Mr. Branca and Mr. Katz were MJ’s attorneys at this point in time. |
|
85 |
Bloss showed email where Ms. Jorrie referred to as final contract between AEG and Dr. Murray. |
|
86 |
As far as AEG is concerned, the contract is concluded and ready for execution, Berman explained the email meant in his opinion. |
|
87 |
Berman said his understanding is that AEG Live had already secured housing in London for Dr. Murray and was included in the UK party tour, |
|
88 |
Berman said that in addition to insurance, AEG requested that Dr. Murray be in control of MJ’s rehearsal schedule. |
Yes, in accordance with Conrad Murray’s contract he was to perform the services requested of him by the Producer.
They asked him to take care of Michael’s medical records for the past 5 years as it was “a matter of utmost importance”, and Murray obediently kept running on their errands not paying attention to his patient which is why he did not even notice that Michael stopped breathing and died.
The other service Murray was to perform for the Producer was to make sure that Michael attended rehearsals and kept to their rehearsal schedule. And this despite that fact that he was not obliged to attend those damned rehearsals at all. The AEG bosses admit it now in complete unison (even Randy Phillips).
|
89 |
Berman: If contract terminated then agreement terminated with Conrad Murray, giving Dr. Murray even greater conflict. |
|
90 |
He was in dire straits, he did need this gig. He ran the risk of losing further compensation, Berman opined. |
|
91 |
Phillips said “We want to remind Dr Murray that it’s AEG, not MJ, who is paying his salary. We want him to understand what’s expected of him” |
|
92 |
It is indicatative of the fact that they want to control the services of Dr. Murray, Berman opined. |
|
93 |
Bloss: If Dr. Murray had been hired by MJ would this be necessary? |
|
94 |
Berman: It would not have been factually accurate |
|
95 |
Berman said AEG doesn’t have experience supervising physicians. “That’s not their area of expertise.” |
|
96 |
The chain of email Trouble at the Front shows an attempt to exercise some degree of control, Berman said. |
|
97 |
This is the first time I’m aware of them reaching out to various MJ advisors, filling them in with the problem they now see, Berman said. |
|
98 |
Mr. Branca immediately responds saying he has a person he thinks can help, Berman said. |
|
99 |
AEG rejects the proposition regarding the person Mr. Branca suggested and never answered the question of substance abuse, Berman opined. |
|
100 |
Berman: It indicates that they were concerned and the email from Gongaware to Phillips appears to be attempt to exercise control. |
|
101 |
Take the doctor with you mention is yet another attempt to control Dr. Murray, Berman said. |
The above is just another example of Murray being in their full employment and forgetting his primary duty of caring for the patient.
|
102 |
Berman: They don’t know what the problem is, they don’t know Dr. Murray is the right doctor, they just don’t know what the problem is |
|
103 |
Bloss asked if AEG should’ve entered into agreement with physician. Berman said no, they have no expertise or experience supervising a doctor |
|
104 |
Bloss ended his question at this point. AEG’s Sabrina Strong did cross examination of plaintiff’s expert witness. |
|
105 |
Berman said he’s inactive member of the CA Bar for 10 years, pay dues but can’t practice law until taking continuing education. |
|
106 |
Strong asked if the reason he left Capitol Records was because he was fired. “I demanded to be fired, they accepted my request” Berman said. |
|
107 |
Strong: Your primary job is working as expert witness since 2001, right? |
|
108 |
Berman: Primary job is essentially inaccurate |
|
109 |
Berman has been working with disputes in the industry for about 11 years. As expert witness, he’s paid by whomever hires him. |
|
110 |
Berman gets $500/hour as payment, received about $25,000 from plaintiffs, $5,000 from defendants from when they deposed him. |
|
111 |
That makes about 60 hours of work on this case, Berman said, recalling about six meeting with attorneys for the plaintiffs. |
|
112 |
Strong asked if Berman has been disqualified previously from testifying. He said the judge disqualified the methodology he used. |
|
113 |
Strong: Did you testify outside the area of your expertise? |
|
114 |
Berman: No, it had to do with putting a value on starting record label |
|
115 |
Berman explained he used real life experience, based value on quality, knowledge and expertise but judge wanted academic and economic method |
Since the above point is interesting I looked up what TeamMichaelJackson’s tweets were saying about the same:
| One case judge disqualified you? No she disqualified the methodology. It had to do with putting value on startup record | TMJ |
| Which I have done many times, I put value on company, distribution, co, etc, her concern was she wanted more economical | TMJ |
| She didn’t feel you were an economist and not expert in that field? Yes. You testified about AEGLive? Yes, touring co? producer | TMJ |
ABC tweets continue:
|
116 |
AEG Live is primarily concert promoter, Berman explained. |
|
117 |
Berman never worked with MJ in a tour. “I was at a party once that he attended, but I was not introduced to him,” Berman said. |
|
118 |
Strong: You agree here that MJ chose Dr. Murray? |
|
119 |
Berman: That’s my understanding |
|
120 |
Strong asked if MJ was the one paying Dr. Murray. Berman said he disagrees with it. |
|
121 |
Strong asked if Berman thinks it matters who Dr. Murray believes hired him. |
|
122 |
Berman responded the critical factor with Dr. Murray regarding conflict is knowing in fact that he was to be compensated by AEG and not MJ |
|
123 |
Berman: AEG Live had the ability to terminate the agreement with Dr. Murray should the concert be postponed. |
|
124 |
I think Dr. Murray had the right to be concerned about the issue, Berman testified. |
|
125 |
It was not his best interest to harm MJ, but his interest was also the tour didn’t get canceled or postponed, Berman said about Dr. Murray |
|
126 |
Strong: Dr. Murray was under pressure because he might lose his job? |
|
127 |
Berman: I feel he would be concerned about that, yes |
Of course it was a conflict of interests – the one who pays the money is the one who orders the music.
But as regards cancellation of the tour one thing needs clarification. I think that over here Murray’s and AEG’s interests did not coincide.
AEG could cancel the tour any time and was not losing anything as all their losses were to be covered by Michael’s assets.
But Murray was interested in keeping the tour going as cancellation of it meant termination of his contract. And this financial interest of his was the biggest leverage AEG was applying to Murray – “if you do not send Michael to rehearsals, we will not be able to produce the show, and if we don’t produce the show it will be cancelled”.
For Murray a cancellation was the collapse of all his plans, so he was indeed ready to go every extreme for keepint the tour going, while for AEG a cancellation would be only half or even quarter of a problem – just a little headache.
|
128 |
Strong asked Berman if artists have the ability to not perform. He replied they have physical ability, but legal would be breach of contract |
The point about Michael “being able to terminate his contract at any time” is often repeated by AEG people and is hypocrisy in its pure form. In theory yes, he could terminate, only no one ever explained that Michael would have to pay millions in damages for breaching the contract. David Berman is the first person ever to mention this crucial factor.
|
129 |
Berman: There were elements that Dr. Murray had no control whatsoever |
|
130 |
Strong: It wouldn’t matter who canceled the tour, correct? |
|
131 |
Berman opined that if the tour was canceled, it’s fair to say that AEG would not want to keep Dr. Murray under contract. |
|
132 |
Berman said he’s aware Dr. Murray performed services for MJ, and maybe for his children, but doesn’t know the extent of services. |
|
133 |
I don’t know what’d have happened with Dr. Murray if the show were canceled, I don’t have any way of knowing, Berman said. |
|
134 |
Personal manager in CA cannot perform the functions of a booking agent; personal manager cannot perform function of attorney, Berman said |
|
135 |
Berman said he thinks he knows enough to say that it is not unusual for masseuses to be brought along in a tour. |
|
136 |
Strong asked if Berman knows that AEG Live negotiated contract with Karen Faye, make up artist. He said yes, and he had no problem with it. |
|
137 |
Strong: Faye could’ve caused skin damage on MJ’s face? |
|
138 |
((One of the jurors looked at Strong very puzzled!)) |
|
139 |
Berman: Anyone could’ve hurt MJ |
|
140 |
Berman said it’s his understanding that Dr. Murray was MJ’s choice. He said he firmly believes producer should never hire doctor for artist |
|
141 |
Strong rebutted: But you never produced a tour? |
|
142 |
Berman: No |
|
143 |
It is extremely unusual, it goes beyond unusual, Berman opined. |
|
144 |
Berman said tour doctors are different from artist doctors. |
|
145 |
Strong: You know The Stones tour with a doctor? |
|
146 |
Berman: I know that Mr. Trell indicated that |
|
147 |
I know that AEG never hired a doctor to go on tour with an artist, Berman testified. |
|
148 |
Berman said is an unusual event for concert promoter to be the producer. |
|
149 |
Producer shouldn’t be engaging the services of doctor, Berman opined, “even if doctor has been treating artist/children for long time.” |
|
150 |
The contract is between AEG Live and Dr. Murray, Berman said, adding that MJ is a third party beneficiary. |
|
151 |
Strong showed Berman Dr. Murray’s Contract Agreement, “Perform the services reasonably requested by Producer.” |
|
152 |
Strong said it was a mistake |
|
153 |
Producer did request Dr. Murray to perform services, Berman said. Shawn Trell, in the audience, shook his head no. |
|
154 |
MJ did not sign it, Berman said about Dr. Murray’s contract. Neither AEG Live, Strong asked. That’s correct, Berman answered. |
Shawn Trell should not be shaking his head – Murray was to perform the services requested of him by the Producer. At Murray’s trial his colleague Kathy Jorrie explained that Murray wanted “Producer” to be replaced by “the Artist”, but she said that the wording remained in its original version. We need to find the respective part of her testimony at Murray’s trial.
|
155 |
Strong: How often do you pay $1.5 mil without a signed contract? |
|
156 |
Berman: I have paid probably more than $1.5 mil without executed contract |
|
157 |
Strong argued that Berman’s contract must not have included provision saying it had to be fully executed prior to payment. |
|
158 |
Berman testified increasing shows from 31 to 50 wasn’t in writing, neither was production cost raised from $7.5 million to more than $30 mil |
|
159 |
Strong: This contract doesn’t limit the spending to $7.5 million, correct? |
|
160 |
Berman: Correct, I don’t have a problem with oral agreements |
|
161 |
I know there are no written documents signed by MJ approving increase in production costs, Berman testified. |
|
162 |
There’s one document signed by quote representative that I doubt he was a representative, Berman expressed. |
Berman refers to the papers signed by Tohme and Frank Dileo after Michael’s death. There are two egregious violations here – first of all, none of them were authorized to represent Michael as they were lacking the respective papers, and second, after Michael’s death they could not sign off anything in his name at all. When a person dies all representation of him stops (as Sina explained to us in the comments).
|
163 |
Strong asked if Berman were to work for plaintiffs for 80 hours at rate of $500/hour, he would make $40k/week. |
|
164 |
Berman responded: “With all due respect, I’m 69 years old, I’m not working 80 hours a week for anybody.” |
|
165 |
Some jurors laughed. |
|
166 |
Strong asked Berman if his testimony should not be believed because he’s being paid by the plaintiffs. |
|
167 |
My salary as an expert witness is well in line with other experts, Berman responded, adding he knows several experts who charge much more. |
|
168 |
Strong inquired if Berman was expert in doctor’s salaries. “I’m not an expert but I’m aware of another doctor willing to be paid $40k/month” |
|
169 |
Strong: Do you know doctors make millions a year? |
|
170 |
Berman: I know my does |
|
171 |
Strong asked if Berman knew how much Kenny Ortega was going to make in the tour to say Dr. Murray was getting more money. |
|
172 |
The red flag is $150,000 a month compared with another doctor asking $40,000, Berman explained. |
|
173 |
It was not a problem that the doctor was going to make more, it’s an indicative something is out of whack, Berman testified. |
|
174 |
Strong asked Berman about the request for MJ’s medical records for insurance purposes. He said it would benefit both AEG and MJ. |
|
175 |
Strong asked if Berman was concerned MJ’s reps were kept out of the loop. “To the best of my understanding that’s what happened” Berman said |
|
176 |
I’m aware that Mr. DiLeo was aware of Dr. Murray, but don’t know whether he was involved in the negotiation of the contract, Berman opined |
|
177 |
Berman said Brigitte Seagal was an attorney in the UK working on housing arrangements. He doesn’t know if she had any relation with MJ. |
|
178 |
Berman said that as President at Capitol Records, he was involved in hiring heads of departments, senior executives. |
|
179 |
Strong: You never checked financial background of executives you hired in the music industry? |
|
180 |
Berman: To the extent it would’ve been done, it was at the human resources level |
|
181 |
Berman said he personally never checked financial background of anyone because it would not have reach his level it would’ve been done at RH |
|
182 |
Strong played Berman’s depo where he said he couldn’t recall any credit check being done |
|
183 |
No more questions from Strong, Bloss did re-direct |
|
184 |
Berman said MJ’s contract required any modification to be done in writing. But addition of shows, budget increase was never written anywhere |
|
185 |
Bloss: Did anybody considered that to be a problem? |
|
186 |
Berman: Apparently not |
|
187 |
As to the firing of Berman from Capitol Records he explained he was hired by chief executive whom he had immense respect, but ended up fired |
|
188 |
However, Berman did not have same level of respect for the new global Chief Executive, he said. |
|
189 |
It was pretty arrogant and naive of me, Berman said. “The word began to go around that the president was going to get fire.” |
|
190 |
Berman said the morale was pretty bad for the company, no one wanted to sign with the company if the president was about to be booted. |
|
191 |
Berman explained he went to his immediate boss and demanded full support of termination. |
|
192 |
Then I’m fired, Berman said, he insisted in getting fired, it was the only way to get paid off. If he quit, he would’ve gotten nothing. |
|
193 |
Berman said he believes the DiLeo letter was an attempt to get some MJ representative of some form to retroactively approve the budget. |
|
194 |
Letter on May 2, 2009 :The purpose of this letter is to confirm that I’m appointing Frank DiLeo one of my new representatives & tour manager |
|
195 |
Letter cont’d: Mr. DiLeo has my authorization to conduct business matters on on my behalf only when instructed. Signed by MJ |
|
196 |
Berman said it was a weird letter and inconsistent with DiLeo’s declaration, which said he was MJ’s rep since March 2009. |
|
197 |
I believe this document to be a written document confirming binding oral agreement, Berman said about Dr. Murray’s contract. |
|
198 |
Strong asked in re-cross if Berman was aware that MJ directed Randy Phillips to deal with Frank DiLeo on his behalf. He said no. |
|
199 |
As to DiLeo’s letter dated May 2, 2009, Strong asked if Berman knows when DiLeo was hired. He said no. |
|
200 |
Berman was then excused, session adjourned later than normal days. Tomorrow’s session begins at 10 am PT. |
|
201 |
Outside presence of jury, Alternate 6 said he may not be available after June 28. Judge/attorneys will discuss, indication he may be excused |
|
202 |
Panish said he estimates to be done by the July 8th week, best estimate. |
|
203 |
Witness for tomorrow: Kai Chase, MJ’s personal chef, and maybe Dr. Finkelstein after Chase via video deposition |
|
204 |
Tentative for Wednesday is Tim Leiweke, probably via video depo, not live, Panish told judge. They might have a medical expert on Thursday |
|
205 |
Attorneys ordered back at 9:30 am PT tomorrow |
|
206 |
Friday: Possibly Karen Faye returns, only morning session |
|
207 |
Panish said he wants to play the entire This Is It movie eventually, with explanation from when/where scenes was recorded. |
|
208 |
That wraps up Day 31 of testimony. We hope to see you all tomorrow! Good night everybody! |
Several more tweets from TMJ are adding to the picture.
About the conflict of interest for Murray:
|
209 |
Its inherent conflict, bc Dr was in financial stress, so did need the gig. He has to do what the promoter wants over what the patient needs |
|
210 |
Do you know defense has hired a expert? Yes, he’s a tour manager. I have read the deposition |
|
211 |
Plays depo of AEG Expert “have you ever seen tour promoter hire a Doctor for artist? NO” MJ should have hired his own doctor without any relations of AEG |
|
219 |
I think critical factor for CM in terms of conflict was that he was going to be compensated by AEGLive not MJ .. |
|
220 |
And it would be AEGLive that could fire CM, they controlled the money, CM had no way of knowing if it would be if tour was postponed |
|
221 |
He just knew he was being paid by AEGLive, he desperately needed that money, Dr Murray had a right to be concerned, |
About Michael’s so-called right to terminate the contract with AEG:
|
222 |
Could MJ have refused to perform? Oh but then MJ would’ve been in breach of his contract. But he could have refused? ….. |
|
223 |
…BUT HE(MJ) WOULD’VE BEEN SUBJECT TO DAMAGES |
About unusual things in this business:
|
224 |
Is it normal for artist in some cases be responsible for production cost? Yes, its unusual |
|
225 |
The red flag for me was there was A cheaper doctor and how high that figure was. It’s indicative of something out of whack. |
|
226 |
You say you had concerns bc MJ advisers didn’t know what was going on? Yes, in contract negotiations its so unusual |
Yes indeed, all of it is so unusual. And they called Michael weird?
News summary of Week 7 at the AEG trial
This summary of the news on week 7 of the AEG trial will be based on the ABC7 Court News tweets and a couple of media articles. I had a brief look at what the media is saying and found that their stories are completely irrelevant for the case. It is just some odd pieces snatched from here and there and having nothing in common with reality.
Indeed what can the article below have to do with the way AEG really treated Michael Jackson? Read more…
AEG-Jackson trial Days 18 and 24. “INTERVENTION” and the MYSTERY OF MICHAEL JACKSON’S CONTRACT

Shawn Trell, AEG’s General Counsel and lawyer Kathy Jorrie drafted the contract between AEG and Michael Jackson
To be able to move further we need to look into the contracts and various papers made by AEG with Michael and his so-called managers – Tohme and Frank Dileo. These matters were discussed in detail with Shawn Trell, AEG’s Senior Vice-President, their General Counsel (top lawyer) assigned by AEG to represent the company as the person most knowledgeable about everything connected with the projected tour.
His job was to talk to everyone and review all documents related to it. But the problem the trial revealed was that his memory was extremely selective – he, for example, did not remember anything about the chain of emails captioned “Trouble at the front” which kept other AEG bosses sleepless half the night on June 20th, but on the other hand he remembered perfectly well that hired personnel like Karen Faye and Alif Sankey whom he hardly met did not approach any of the AEG bosses with complaints about Michael’s health – over here his memory was clear and he is absolutely sure they did not (they simply could not due to the chain of command and by the way, Karen Faye did speak to Phillips in the hall).
So whenever we see Shawn Trell’s answers we should take them with a grain of salt remembering the strange peculiarities of his memory.
As regards Michael Jackson’s contract Trell remembers that he drafted it together with Kathy (Kathy Jorrie) and that it was signed either on January 26 or on January 28 (yeeess, on either of these two dates).
The drafting of the contract was described by Trell as a big process – the drafts were many, everyone who was to take part did take part and was duly present at its signing. In short everything was fine: Read more…
Randy Phillips, top man and President of AEG Live SLAPPED Michael Jackson and almost no one in the media wrote about it.
This guy slapped Michael and is now explaining it by the need to go a press-conference. His earlier version was that Michael was “drunk”, however when questioned under oath he says that it was an “exaggeration”.
Michael was sober and that press-conference was not even needed as with half a million people already in the queue it did not really matter – they could release a public statement instead.
Randy Phillips slapped Michael because he wanted that press-conference and was forcing him to go there. From the very start of it he was showing his ‘partner’ who was the boss there and who was to obey.
This is how their cooperation started, and this is how it ended too – by them grinding him down to his death. And all Michael saw from his ‘partners’ from the start to finish of this ‘cooperation’ was humiliation, bullying, insults and contempt.
The physical insult of the slap was followed by a further insult of adding 40 more shows to which Michael never agreed. No person in his right mind will now believe that Michael was even asked for a permission to increase the number of shows – who asks for a permission of a person whom you’ve just slapped? Even if AEG asked it was a mere formality which did not matter. Read more…
To catch up with the news here is a summary of ABC7 Court News tweets from the AEG trial on Week 6, June 3-6, 2013 (on Friday there was no trial).
On Monday June 3, DAY 22:
- Gongaware claimed that Michael was ‘comfortable’ with the schedule and said they had gone through the dates together. And to the media four years ago Randy Phillips said that the matter was decided within 20 minutes only and over the telephone. Gongaware spoke to Phillips, Phillips spoke to Tohme, Tohme spoke to Michael and Michael called Randy and agreed.
- As regards Michael being ‘comfortable’ with the schedule this is how Gongaware managed to convince Michael that the schedule was okay. Here is a quote from his testimony on May 28, 2009:
“Panish talked about an email Gongaware sent to his secretary asking her to change the color on MJ’s calendar. Email: “don’t want the shows to stand out do much when MJ looks at it. Figure out so it looks like he’s not working so much.
Panish: Did you wanted to change the color of the schedule to show MJ would not be working so hard?
Gongaware: Yes” Read more…
I wanted to write about the AEG/Michael Jackson contract but Shawn Trell’s testimony is so big a thing that I can’t even say which of its points is more important – the farce AEG are playing over their contracts, Murray as their marionette, their big race for the insurance or other things like for example, AEG’s plans to pay $5mln to Frank Dileo for a statement that Michael agreed to cover all production costs.
With so much to say I decided to select only one thing and then slowly go over each of them. But first let me share some personal impressions of the attorneys for both parties.
Ms. Stebbins is methodical and has coached her AEG clients very well. She sounds like the one who knows all the questions we’ve been asking about the AEG/Michael Jackson contract and discusses each of them with Shawn Trell. I am far from thinking that she is familiar with the posts in this blog, so the only other reason I see for both of us talking about exactly the same points is that they themselves know that these points are the weakest in their contract and therefore need an explanation.
Mr. Panish’s strongest point are AEG’s emails which speak for themselves and which are so irrefutable evidence against AEG that the trial sessions may be closed and the jury sent home right now. We’ve heard enough about the AEG neglect for Michael going hand in hand with their playing tough love on him and about their contempt and arrogance towards him in combination with sweet and revolting lies told to the press. We’ve also learned that Conrad Murray was their toy doctor mostly used by AEG for bullying Michael rather than for allowing him to perform his primary duties.
And from the AEG own admission we also know that the complex of the above ‘services’ rendered to the Artist was to be fully paid for by Jackson including the expenses on all those who were told by AEG to play tough love on him.
In examining AEG’s witnesses Mr. Panish employs the tactics of jumping from one subject to another hoping that he will catch the AEG bosses unawares, but catching them unawares is impossible – they’ve been trained too hard for it and when they don’t know what to say they simply “don’t recall”. So jumping from one thing to another only creates difficulties in perception and may only confuse the jury by not enabling them to form a clear picture of AEG lies.
This is why the task I set for myself was putting some regularity into the facts scattered here and there and trying to create a timeline which will enable us to see the logic of the events. And to do so we need to start with something different than the contract – we need to start where AEG started which was the Insurance. To me it sounds like one of the crucial factors. Read more…

