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News summary for week 4 of the AEG trial

May 25, 2013

To recap a bit with the latest news from the AEG trial here is a  summary of ABC7 tweets from the courtroom on May 20-23, 2013. I hope there will be time in the future to analyze everything properly, so at the moment here is the short news only. Probably a little later some other information will be added to it.

It looks like it was really stormy weather there. There are lots of things to say here but let me point out only the following:

  • Tohme was to be paid $100,000. Michael never approved of the payment (points 101-103). AEG said they were “facilitating the agreement between Tohme and Michael Jackson (???)
  • AEG’s’s email about “drama queen” evidently concerned Kenny Ortega’s worries. There is absolutely no concern for Michael’s health (points 205-207)
  • To my surprise since the moment Branca and Kane were hired they was also informed of the events. The good thing though is that Branca at least offered some help. He also expressed doubt that any drugs were involved (points 211-212). But his involvement is a big surprise.
  • Both Randy Phillips and Bob Taylor of the insurance company confirmed that Murray was hired by AEG (points 262, 266-269)
  • Shawn Trell says that all of them signed Michael’s contract. But where are their signatures in the contract then? (point 343)
  • They called him “freak”! (494-498, 375-382). Panish says it is the “tip of the iceberg”.
  • The correction to Murray’s contract said he was to perform the services for the Artist, but at Murray’s trial Kathy Jorrie testified that the correction was not accepted and the text remained the same – Murray was to perform the services requested of him by the Producer (AEG).  Point 448
  • Murray’s contract was never sent to Michael’s attorney (point 521)
  • AEG did not have Michael’s written approval for 50 shows though the contract required it in writing (points 530, 636)
  • AEG had a “management agreement” with Tohme for the services rendered on the tour. Tell could not explain in why or in what capacity Tohme would be working – he was no AEG employee and no independent contractor (points 556-562)
  • Randy Phillips threatened to take away Michael’s house if he did not perform! (point 580)
  • There was absolutely not pressure on AEG – they were not losing anything as all the $34 mln. spent were to return to them in the form of MJ’s assets. So there were no reasons for all these AEG’s “concerns” (point 594)
  • Michael had to guarantee the AEG spending by his personal assets (point 675)
  • In April Michael was able to do multiple spins! (point 621)
  • AEG was stalling Murray in getting his contract (point 625)
  • Though Tohme was fired it was him (and Frank Dileo) who approved the expenses of $34mln. on behalf of Michael’s company 3 days after Michael’s death (point 644).
  • When Michael was alive he did not provide a written approval of those expenses (point 697)
  • Frank Dileo was to be paid $5 mln after Michael’s death! They say they did not pay him (point 691)
  • Tohme and Dileo included payment to Murray into the expenses which were requested to be covered by the Estate (point 701)

Monday May 20, 2013

1 Hello for the courthouse in downtown LA. Day 14 of Jackson Family vs AEG trial is underway. We’re now at lunch break.
2 Katherine Jackson present in the courtroom, wearing a bright purple jacket, accompanied by Rebbie, wearing black jacket with floral details.
3 Judge Yvette Palazuelos admonished the audience that no one is allowed to talk to jurors. Someone approached one of them. Big No, No!
4 Jessica Bina resumed re-direct of AEG Controller Julie Hollander.
5 Each member of the crew, dancers, musicians had an agreement as to weekly payment, Hollander explained.
6 Hollander said AEG never paid Dr. Conrad Murray because the contract had not been fully executed.
7 Based on the contract, Hollander said payment for Dr. Murray should be to GCA, the doctor’s employer.
8 Contract: Dr. Murray represented he’s licensed cardiologist practicing in Las Vegas and that he acts as the Artist’s general practitioner
9 Hollander says Dr. Murray could only be paid after the contract was fully executed, including signature of MJ, due to nature of the service
10 Hollander said she has never seen an agreement where the artist had to sign off on a contract for services.
11 Hollander explained that budget is a tool where you plan your future expenses. The book documents the actual expenses incurred.
12 Bina showed Hollander report she prepared on 10/21/09 that was sent to MJ’s Estate with the costs incurred as advances for the TII tour.
13 Next document Bina showed a comparison of Budget v. Actual expenses as of Oct. 2009.
14 Rehearsal Per Diems: Budget: $175,000 Actual: $89, 751
15 Rehearsal Facilities: Budget: $871,000 Actual: $1,553,558
16 Public Relations Budget: $18,000 Actual: Zero
17 Management Medical Budget:$300,000 Actual: Zero
18 Budget Total: Budget: $22,228,000 Actual: $24,835,011
19 In re-cross, Panish asked Hollander if it was true that public relations was not paid $18,000 because MJ died. She said no.
20 Panish: Do you know what that $18,000 is for?
21 Hollander: No
22 Panish: Budget and actual payment for rehearsals per diem were different because Mr. Jackson died, correct?
23 Hollander: No
24 Hollander didn’t know the per diem schedule, so she said she didn’t know the answers.
25 Panish: You didn’t pay Dr. Murray, did you?
26 Hollander: No
27 Panish: That’s why it’s not there (on doc shown)
28 Hollander: Yes.
29 Contract: promoter shall make advances to cover mutually-approved production costs up to but not exceeding $7.5 million.
30 Panish shows Dr. Murray’s contract and asked Hollander if anywhere in the agreement is says this was a draft agreement.
31 In my experience, a draft is a term used to describe an agreement that has not been signed by all parties involved, Hollander explained.
32 Hollander: My experience is that until everyone signs, it can be changed
33 Panish: Is it your experience people sign draft agreements?
34 If this version had been signed by everybody, would’ve been final, Hollander said. The contract was from 5/1/09 until the end of TII tour
35 I was told it was put in there at the request of the artist, Hollander said. Panish asked if MJ had to approve $150K payment for Dr Murray
36 I’ve never been involved in a tour where AEG hired a doctor, Hollander said. “It’s never happened before.”
37 I know in my experience it’s not typical for a promoter or producer to hire a doctor, Hollander said.
38 Panish questioned Hollander about Dr. Murray’s company and she said it was a LLC in Nevada. “Do you know what GCA is? Does it sell popcorn?”
39 Panish asked Hollander if there’s written policy against someone working for AEG without executed contract? She said she isn’t aware of any
40 Hollander said there’s a policy against paying people without fully executed contract.
41 Hollander said tour promoters don’t get involved in what it takes to actually put the show together. The artist does.
42 AEG Live is more promoter than producers of shows, Hollander said. They promoted upwards of 100 tours, produced only few, she testified.
43 Hollander said the Michael Jackson Estate approved the cost of the tour expenses incurred by AEG.
44 Panish: You don’t know whether the artist was supposed to approve the cost while it was incurred and not after his death, correct?
45 Panish asked Hollander how it was that she testified last week she worked in 20 concerts and today she said it was more than 100.
46 Hollander said she looked through materials at work and it refreshed her recollection. Panish said he wants to see the list of tours.
47 Hollander: Only along those lines, yes
48 Panish: Do you have any understanding whether Dr. Murray expected to get paid?
49 Acting as producer you get more money than just as promoter, right? Panish asked. Hollander agreed, saying they have earning potentials.
50 My estimates was 20 tours up until 2009, Hollander said. From 09 to today, she said it’s upward of 100.
51 Julie Hollander was then excused subject to recall if needed.
52 Katherine Jackson’s attorneys called Shawn Trell as next witness. Brian Panish doing questioning, Trell is an adverse witness.
53 Shawn Trell is the Senior Vice President and General Counsel for AEG Live for 10 years. He’s been with the company for 13 years.
54 Trell said he met with defendants attys for a few hours Saturday and Sunday, reviewed documents to refreshed his recollection.
55 I’m the client’s representative in the court, Trell said.
56 Marvin Putnam and Trell went to Georgetown Law School together, but only realized they went to same school after trial started.
57 Trell said he’s aware MJ wanted to produce films and Anschutz has a film company. He wasn’t aware that MJ and Anschutz met about TTI movie
58 Trell said he never discussed with Tim Leiweke, former AEG’s CEO, about MJ. Leiweke is no longer with AEG, Trell said.
59 Trell was interviewed by LAPD. “I think they were interested in what we knew about Dr. Murray,” she testified.
60 Lunch break is almost over. Court to resume with Trell on the stand.
61 Trell said he produced all the materials LAPD asked of him. Panish asked if he turned over only one email, and he said he didn’t recall.
62 Panish: Did you enter in a contract with Mr. Jackson for TII tour?
63 Trell: Yes
64 Trell said he was involved in drafting the agreement, but in his deposition, he said he had drafted it himself.
65 Trell said he never heard that Randy Phillips spoke with DreamWorks about producing a MJ movie.
66 Trell said he’s confident he turned over all the material requested of AEG Live.
67 Outside the presence of the jury, Jessica Stebbins Bina said there are about 200,000 pages of documents.
68 Panish said Trell has been designated in 24 categories as having knowledge and being the most qualified to speak on behalf of AEG.
69 Panish said the witnesses he will spend most time on are Randy Phillips, Paul Gongaware and Shawn Trell.
70 Panish asked if AEG Live sent a letter to MJ’s Estate after he died trying to recoup money. Trell said he didn’t recall.
71 Panish showed an AEG Live letter written to MJ’s Estate with costs incurred for the tour. It was signed by AEG’s CFO.
72 This report was sent to the Estate as an accounting and an effort to recoup the money based on the agreement, Trell said.
73 The report indicated around $30 million had been spent on the production of the tour.
74 The report included $300K to pay Dr. Murray. Panish noted that the report was sent to MJ’s Estate to recoup money “spent.”
75 AEG never paid Dr. Murray. “To me, it was a mistake,” Trell said about including payment to Dr. Murray.
76 MJ was given $5 million in advance: $3 million was to pay settlement of a lawsuit, $100,000/month for Carolwood house lease.
77 Trell said MJ was already in the house at Carolwood when they entered into the agreement.
78 AEG was to assist MJ to get $15 million in credit line, or would advance the money, so MJ could buy a house in Las Vegas, Trell testified.
79 Trell said Tohme Tohme was acting as MJ’s manager at the time and was to be paid no more than $100,000.
80 Panish asked if AEG Live ever had a contract that included pay for artist’s personal manager’s salary: “I don’t recall one.”
81 This was the only time we paid a personal manager, Trell testified. AEG Live’s producer’s fee: 5 percent of net tour income.
82 Panish asked if Dr. Murray was listed in every budget after May 8, 09: “He was listed incorrectly as production cost,” Trell said.
83 After lunch break, Panish asked Trell is AEG was getting 5% as producer and 10% as promoter of the show, and he said yes.
84 Panish shows a document with AEG Mission Statement. One of bullet points is “to create land maximize revenue streams.”
85 As of June 2009, Trell said AEG was not sure the extent of Jackson’s assets to secure the interests of the company.
86 There’s an inherent risk in any commercial undertaking, Trell said. It wasn’t a sure thing that AEG would get back the $35 million spent.
87 By the time they spent $35 million, tickets were already been sold, Trell said and they knew tour was sold out.
88 The development of a tour is a fluid thing, there were conversations between our side and MJ’s side all the time, Trell said.
89 I don’t know when I became aware the production cost exceeded $7.5 million, Trell testified.
90 As to non-appearance insurance, Trell said he got insurance for $17.5 million.
91 Panish: After MJ died, you drafted an agreement to approve productions costs?
92 Trell: Yes
93 Panish explained the letter was to get confirmation of all the money spent so AEG could recoup the money spent.
94 Trell said there was nothing in writing saying Mr. Tohme was an officer of MJ’s company. He said Mr. Tohme verbalized it to him, though.
95 Panish: are you license to practicing law in CA?
96 Trell: no, not in all aspects
97 Trell is registered as in-house counsel for AEG. He’s never taken the CA bar test.
98 I had nothing in writing, Trell said about Tohme representing MJ. “Presumably they could’ve objected if they felt it wasn’t true.”
99 Trell said Mr. Tohme represented to him he was representing MJ.  “I had no reason not to believe him,” Trell said.
100 Trell said he drafted the agreement that Mr. Tohme was going to be paid by AEG as part of production cost. “We were making that payment.”
101 Trell said he didn’t know who came up with the $100K figure to pay Mr. Tohme. “AEG was facilitating an agreement between MJ and Dr. Tohme.”
102 Tohme was not paid. “That was because there were some conditions in the agreement not met.”
103 Subsequently, I learned Mr. Jackson had not approved the payment, Trell testified.
104 MJ didn’t authorize, so it wasn’t going to get paid, Trell said, explaining he learned it either from Randy Phillips or Frank DiLeo.
105 On 5/5/09, MJ wrote: “At my direction and effective immediately, Dr. Tohme Tohme is no longer authorized to represent me in any capacity”
106 Bob Taylor is an insurance broker, Trell said, and Lloyds of London is one of the underwriters of the type of insurance they were seeking.
107 Panish shows a document where MJ was required to have a physical exam so broker could take the results to the insurance companies.
108 Trell said he asked the question why insurance broker had chosen Dr. Slavit in NY and not a doctor in LA.
109 The payment of the [insurance] doctor was going to be 50/50 between the insurance broker and AEG, Trell said.
110 Trell testified that it was the broker’s belief that without physical exam there would be no way to get insurance.
111 An email shows Trell inquired if it was really necessary to incur $10K in expense to get the medical exam completed.
112 Trell said he never saw Dr. Slavit’s report, or any other report, regarding MJ’s physical exam; didn’t know what kind of doctor he was.
113 Trell said he learned through Taylor they wanted to get a number of years about MJ medical history. “They were concerned he had skin cancer”
114 The policy was otherwise issued, but this was to add illness, Trell said. They required 2nd examination in London; wanted to see rehearsal
115 Trell said he never saw a request for a second medical exam in any tour.
116 Panish: the insurance wanted additional medical exams because they were concerned, weren’t they?
117 Trell: I have no idea
118 Panish showed email from the insurance broker to AEG execs with several question: details of coverage required, if artist had doctor on tour
119 Trell said he doesn’t know whether this email with the requests was ever sent to MJ’s people.
120 Trell said Dr. Murray was asked later to help with these answers. “It was thought that he might be of some help.”
121 Panish asked if Trell sought life insurance on MJ where they would be the beneficiaries. “An inquiry of that was made to Mr. Taylor.”
122 Email from Wooley to Trell and Phillips: “We have no coverage against MJ sickness unless and until MJ submits to another medical in London.”
123 It was important to get that medical done, Trell testified. He said policy would kick in on death, but not illness.
124 Panish: You were working on getting insurance on the day MJ died, weren’t you sir?
125 Trell: I don’t recall
126 Given the hour MJ died, Trell said he thinks he was not on the phone with Bob Taylor negotiating more insurance for MJ.
127 Panish showed email from Gongaware to the insurance broker on June 24, 2009: “Dr. Murray can comment on the availability of the records”.
128 Panish said the amount of coverage was the maximum the underwriters were willing to cover, Trell agreed; it was effective April/early May
129 Two days before MJ died, Trell asked broker for longer insurance coverage: “Term insurance is a reference to a form of life insurance”
130 Trell said he was looking for other options to cover the gap for what had already been spent. AEG made a claim on the insurance, Trell said.
131 Panish: You made the claim the night MJ died, didn’t you?
132 Trell: I don’t recall the date; it wasn’t Jun 25th when I sent letter to Taylor
133 Panish: Were you speaking with Taylor about MJ being sick on the day he died?
134 Trell: I don’t recall speaking with Mr. Taylor on the 25th
135 Panish asked if Trell discussed with Taylor about recouping Dr. Murray’s production cost. He said they’d typically pass along the costs
136 Trell said he spoke with Randy Phillips about MJ’s health and physical condition, as well as Phillips’ interaction with Dr. Murray.
137 Trell has been designated as the most knowledgeable and qualified to represent AEG.
138 Panish: Did Mr. Phillips tell you MJ was in bad shape prior to June 25?
139 Trell: Yes, on June 19.
140 Trell said there were no AEG employees at rehearsal on June 19. He learned about MJ’s feeling ill during the executive management meeting.
141 Panish: Within one week of MJ’s death, the executive management was told about MJ poor physical condition?
142 Trell: The events on June 19, yes
143 Trell said he never spoke with Dr. Murray about MJ’s condition.
144 Randy Phillips learned about MJ’s physical condition through Kenny Ortega, the tour director for TII, Trell said.
145 Ortega’s contract were a series of emails between us Trell said. “He didn’t have agreement of the nature as other people had on the tour”
146 Trell: I don’t recall, but I know initially it was more informal agreement. He (Ortega) was being paid based on the email agreement.
147 Panish: And Dr. Murray had an agreement with AEG based on the emails?
148 Trell: No, Dr. Murray didn’t have an agreement with AEG
149 Dr. Murray was an independent contract, Trell said. An agreement is a term of conditions, not only agreement on compensation.
150 He was rendering services to Mr. Jackson; he had not been engaged for TII tour, Trell testified.
151 Email from Dr. Murray to Wooley on May 29, 2009: I have performed and continue to fulfill my services to the client in good faith…”
152 Email cont’d: Therefore, I am asking you to deposit my fee for May in reciprocity of good faith on your part as per our agreement…
153 Email: The usual and costumary date for deposit is around 15th of each month, by today’s date we’re 13 days beyond my monthly fee.”
154 Trell said they had agreed on the compensation for Dr. Murray, but needed to memorialize the deal in an agreement.
155 Panish said Ortega didn’t have a memorialized agreement. “Kenny Ortega is different from Conrad Murray,” Trell said.
156 Email from Wooley to Murray on May 8, 09 details terms of the contract: contracting company, mode of travel, living arrangements in London
157 Another email shows Wooley asking Dr. Murray for a cancelled check for direct deposit of his monthly compensation.
158 Email from Gongaware to Brother Michael on 5/6/09 regarding Dr. Murray: “Done at $150K per month, per MJ.”
159 Trell said Gongaware was authorized to negotiate with Dr. Murray, but he was still subject to an AEG contract.
160 Panish asked if before a contract is written, the “meeting of the minds” is necessary. Trell agreed.
161 Panish: And Dr. Murray was working for AEG Live in May of 2009
162 Trell: No, I would totally disagree with that statement
163 Email from Ortega to Phillips on 6/20/09: Trouble at the Front. I honestly don’t think he’s ready for this based in his continued physical
164 Email: …weakening and deepening emotional state. It is reminiscent of what Karen, Bush, Travis and I remembered just before he fainted
165 Email: causing the HBO Concerts to be canceled. There are strong signs of paranoia, anxiety a d obsessive-like behavior.
166 Email:  I think the very best thing we can do is get a top Psychiatrist in to evaluate him ASAP.”
167 Trell said Phillips did not contact a psychiatrist, doctor or any other medical provider, but they had a meeting that same say.
168 I think someone took it seriously, Trell said. He was not present at the meeting, but it was with Dr. Murray.
169 Court is in recess until tomorrow morning. Shawn Trell is expected to last all day on the witness stand.
170 Paul Gongaware is next witness. He’ll be at the courthouse first thing on Wednesday, assuming they finish with Trell by then.
171 Jackson fans made t-shirts in support Katherine Jackson w/ her picture. They wore them in the hallway as she walked in/out of the courtroom
172 And that wraps Day 14 of the trial. Hope to see you all tomorrow!

Tuesday May 21, 2013

173 Hello from the courthouse in downtown LA. Day 15 of Jackson Family vs AEG’S trial underway. AEG’s Shawn Trell currently on the stand.
174 Katherine Jackson present in court wearing a white polka dot jacket. Rebbie is wearing a navy blue jacket.
175 Rebbie brought a Jehovah’s Witness Bible with her. She was reading it before court began this morning.
176 Trell said he met with his attorneys last night and reviewed one doc — Kenny Ortega’s contract. “He had a written contract,” Trell said
177 I remember the email dynamic. I’m not too proud to admit that I didn’t recall the cover contract, Trell said.
178 Trell said he was changing his testimony from yesterday to add that Ortega had a written contract, not only emails between him and AEG.
179 Next topic was Insurance: Cancellation/Non-Appearance/Sickness. Trell  said he started working on insurance for MJ tour in November of 2008.
180 Panish showed several chains of emails where the parties talked about the insurance for the tour.
181 Email from Bob Taylor to Trell on 1/7/09: Prior to speaking with carriers we ask the artist to attend medical with a doctor… A full medical
182 Email cont’d: With both blood/urine tests. The doctor also want to review the medical records over the last 5 years to ensure full disclosure
183 Email on 3/20/09: Insurance broke to Gongaware: “Insurers require further medical examination to be carried out by their nominated doctor”
184 Email cont’d: “They may restrict illness cover or death from illness cover until this examination has taken place.”
185 Email from 4/30/09: Wooley to Trell: We have no coverage against MJ sickness unless and until MJ submits to another medical in London
186 Email from 5/28/09: Trell to Taylor: “We really need to get that medical done”
187 Email from 6/23/09: Trell to Taylor “Any update on the availability of Term insurance?” (life insurance)
188 Trell said if they secured life insurance, they would get money if MJ died. “We would get the money owed to us, yes,” Trell testified.
189 Email from 6/24/09: Taylor to Trell “Insurers have refused to move on this. Huge amount of speculation in the media regarding artist’s health”
190 Email cont’d: they feel if they’re to consider providing illness to cover this particular artist, they must have very through medical report
191 Email from 6/25/09: Gongaware to Taylor: If we don’t get sickness coverage, we are dropping this policy
192 Email from 6/25/09: Taylor to Gongaware: The consultation in London is critical…
193 Email cont’d: The doctor is holding the afternoon of the 6th July open at Harley St. But keep in mind the visit could take 2 hours plus
194 Next topic: Budget/Costs. Panish showed an email from AEG’s Rick Webking to MJ’s Estate with 1st report of artist advances/expenses
195 This was a letter sent to the estate containing the expenses incurred, Trell said.
196 It seems to me we submitted this report for their review, I don’t see any request for payment, Trell said.
197 Trell said he spoke with Randy Phillips and Paul Gongaware about Michael Jackson’s physical condition prior to coming to testify.
198 I had heard about rehearsals in which Mr. Jackson was fantastic, Trell said.
199 Trell said he’s aware of email from Ortega saying doctor was not allowing MJ to attend rehearsal on June 14, 2009.
200 I was aware of MJ’s doctor not allowing him to attend rehearsal, Trell said.
201 Email from 6/17/09 from Phillips: …Ortega, Gongaware, Dileo, and his doctor Conrad from Vegas and I have an intervention…
202 Email cont’d: “…with him to get him to focus and come to rehearsal”
203 Email from 6/17/09 from Gongaware to Phillip’s assistant: “We need a physical therapist and a nutritionist”
204 Email from Production Manager – Gongaware/Phillips on 6/19/09                      Paul/Randy “I’m not bring a drama queen here. Kenny asked me to notify you both”
205 Email cont’d: “MJ was sent home without stepping foot on stage”.
206 Email cont’d: He was a basket case and Kenny was concerned he would embarrass himself on stage, or worse yet, be hurt.
207 Email cont’d: The company is rehearsing right now, but the DOUBT is pervasive.
208 Email from Randy Phillips to Tim Leiweke on 6/19/09 ” We have a huge problem here.”
209 I think he recognized there was a problem on the 19th, Trell said. “I would take it seriously, as I believe Mr. Phillips did.”
210 Email from John Branca to Phillips, Gongaware, Joel Katz, Frank DiLeo, Michael Kane on 6/20/09 
I have the right therapist/spiritual…  
211 Email cont’d: advisor/substance abuse counselor who could help (recently helped Mike Tyson get sober and paroled)
212 Email cont’d: Do we know whether there is a substance issue involved (perhaps better discusses on the phone).
213 Trell said Mr. Phillips never told him about this email.
214 Email from Ortega to Randy Phillips on 6/20/09: (chain of emails) I honestly don’t think he is ready for this…
215 Trell said he didn’t see these emails.
216 Email cont’d: based on his continued physical weakening and deepening emotional state…”
217 He said he spoke with Randy Phillips about Phillips’ perception of MJ in order to prepare for testifying, but not about specific emails.
218 Trell has been designated as the most qualified person to speak on behalf of AEG.
219 Email from Phillips to Gongaware on 6/20/09 at 1:52 am “Tim and I are going to see him tomorrow, however, I’m not sure what the problem is”
220 Email cont’d: Chemical or Physiological?
221 From Gongaware to Phillips, on 6/20/09 at 5:59 am “Take the doctor with you. Why wasn’t he there last night?”
222 From Phillips to Gongaware, on 6/20/09 at 2:01 pm “He is not a psychiatrist so I’m not sure how effective he can be at this point…”
223 Email cont’d: obviously, getting him there is not the issue. It is much deeper.
224 Trell said Randy Phillips went to a handful of rehearsals, three at the Forum and two at Staples Center.
225 The head of the marketing department attended rehearsal on June 23, 2009. “She was blown away by it,” Trell testified.
226 Trell said he never saw the emails from Phillips directing people to exclude images from TII of MJ looking “skeletal” while rehearsing.
227 What were his observations of MJ’s physical condition during rehearsal, Trell said. “I asked for his (Phillips) personal opinion.”
228 Next line of questioning is about human resources and background checks. Trell said they can be valuable and useful tools when hiring.
229 Background check costs around $40 to $125. Trell said AEG Live could afford this fee.
230 We don’t do background checks on independent contractors, Trell said.
231 Trell said he was involved in the hiring by AEG Live for the TII tour. His department was responsible for retaining independent contractors.
232 Trell said he is not familiar with background check process for hiring.
233 Lunch break is almost over. Trell resumes testimony shortly. More to come soon!
234 Panish: There was no hiring criteria for the TII tour, correct?
235 Trell: Not to my knowledge
236 Trell testified that when it comes to independent contractors, they have either worked with the artists, AEG or known in the industry.
237 Trell agreed that no background check was done on anyone working on “This Is It” tour.
238 Depending on the nature of the position, a background could be done, Trell said, like for potential employees in the financial area.
239 As to independent contractors, Trell said there’s no supervision and monitoring like there’s for employees.
240 Panish: You don’t do anything to check into background, supervise or protect the artist?
241 Trell: No, safety is a concern
242 When they leave the environment, what they do on their own time is their own business, Trell said.
243 Trell testified he doesn’t believe the artist is more at risk because AEG Live doesn’t do background check.
244 We did nothing to monitor Dr. Murray, Trell said. “We did not monitor whatever it was that he was doing, no.”
245 It called for Michael Jackson being able to terminate Dr. Murray at will, Trell said about the contract.
246 If the concerts didn’t go forward, and he was terminated under this provision, Dr. Murray would not be paid going forward, Trell explained
247 As to Dr Murray being under dire financial straits, Trell said that he doesn’t know if he agrees with it, everyone’s perception is different
248 Trell: I certainly wasn’t aware of it at the time
249 Panish: Because you didn’t check, right?
250 Trell: That’s right
251 I don’t think conflict of interests are a good thing, and we would want to prevent it, Trell said.
252 Email from Kathy Jorrie to Shawn Trell on 6/24/09 at 12:54 am: Subject: Revised agreement with GCA Holdings/Dr. Murray It had two attachments
253 Subject: RE: Michael Jackson – Revised Agreement with GCA Holdings/Dr. Murray Attachments: Revised Michael Jackson -AEG GCA Holdings Murray Agreement 6-18-09 Final MJ — AEG GCA Holdings Agreement (Dr. Murray) 6-23-09
254 Email chain from 6/23/09, 5:39pm from Jorrie to Wooley, Murray
255 Email: I have redlined the Word version so that you can see all of the revisions. In addition, I’ve attached clean PDF version for execution
256 The email says that if Dr. Murray approved it, he was to print it, sign and send it back to Jorrie.
257 Panish: Did Ms. Jorrie call this contract a draft?
258 Trell: She called it a Final Version
259 Every document is a draft until it is executed, Trell said.
260 Panish: Isn’t it true that Randy Phillips made numerous comments that AEG Live hired Dr. Murray?
261 Trell: I know he has made that statement
262 On July 1st, within 5 days of MJ’s death, Phillips gave an interview to SkyNews saying AEG Live hired Dr. Murray.
263 “I don’t know what you mean about admitted, he made that statement,” Trell said.
264 Panish said AEG higher-ups became concerned after Phillips made such admission. Trell said he didn’t know if that was true.
265 Bruce Black is the General Counsel for parent company of AEG and AEG Live. Michael Roth is AEG’s media relations.
266 Email from Kathy Jorrie to Bruce Black and Michael Roth on 8/25/09: Subject: AEG Live president says AEG Live hired Dr. Conrad Murray
267 Panish shows Trell a deposition, under oath, given by insurance broker Bob Taylor on another case. Trell said he has never seen or read it.
268 Panish: Does that refresh your recollection that AEG was employing Dr. Murray?
269 Trell: Mr. Taylor has this completely wrong
270 Trell denied having a telephone conversation with Mr. Taylor where Trell asked him if a doctor’s compensation was covered in the insurance.
271 After lunch break, Brian Panish asked if Shawn Trell wanted to change anything else in his testimony, to which he said no.
272 Bruce Black, attorney for Anschutz, was present in the meeting with LAPD. Trell met with the police on Tuesday, January 12, 2010.
273 Trell told the police that day that Dr. Murray would receive $150,000 compensation per month.
274 Trell also said that Dr. Murray requested and AEG would provide necessary medical equipment and a nurse.
275 Panish: As far as you know, all the agreements written for TII tour was done under AEG Live Productions, right?
276 Trell: Yes
277 Panish: Was Dr. Murray trying to help AEG get insurance?
278 Trell: The policy was in both names, so he was helping both parties.
279 Trell said Dennis Hawk, who represented MJ, was in touch with Taylor regarding the insurance.
280 Panish: As of June 2009, you don’t even know whether Mr. Jackson had a personal manager working for him, right?
281 Trell: Well, my understanding at the time there were a couple of people acting in that capacity.
282 Email on 6/2/09 from Randy Phillips to Jeff Wald: Jeff, remember getting MJ to focus is not the easiest thing in the world
283 Email cont’d: …and we still have no lawyer, business manager, or, even real manager in place. It is a nightmare!”
284 Trell said the only time he saw an artist’s signature required to retain an independent contractor was for Dr. Murray.
285 Trell said his understanding was that Dr. Murray worked for MJ for 3 years; didn’t know how many times MJ saw Dr. Murray.
286 I’ve never spoken with Dr. Murray ever. And I met/spoke with Mr. Jackson once, Trell said.
287 He was a significant expense, Trell testified about Dr. Murray.
288 Trell said AEG Live didn’t do anything to check Dr. Murray’s competency as doctor, other than checking his physician license.
289 Trell said AEG didn’t do anything to determine Dr. Murray’s financial conditions in 2009.
290 Email on 6/20/09 Phillips to Ortega: Kenny it’s critical that neither you, me, anyone around this show become amateur psychiatrist/physicians
291 Email cont’d:  I had a lengthy conversation with Dr. Murray, who I am gaining immense respect for as I get to deal with him more.
292 Email: He said that Michael is not only physically equipped to perform & discouraging him to will hasten his decline instead of stopping it
293 Email: Dr. Murray also reiterated that he is mentally able to and was speaking to me from the house where he had spent the morning with MJ
294 Email cont’d: This doctor is extremely successful (we check everyone out) and does not need this gig so he totally unbiased and ethical.
295 Panish: But no one at AEG checked Dr. Murray to see if he was successful or not, isn’t that true?
296 Trell: Yes
297 Panish: That’s a flat out lie, isn’t it sir?
298 Trell: I don’t know what Mr. Phillips intended to say, this should be a question to him
299 Panish: You don’t know if he was successful or facing bankruptcy, did you?
300 Trell: No
301 Trell: I know the statement is not accurate. You have to speak with Mr. Phillips about what he meant to say.
302 Panish: Do you agree with CEO of your company making untrue statements?
303 Trell: I don’t know that he didn’t know it wasn’t true when he said it
304 Trell said Phillips never told him that he checked Dr. Murray out.
305 Panish: Isn’t it true AEG Live does not do background check on independent contractors?
306 Trell: That’s true
307 Trell said that no one from AEG interviewed Dr. Murray because he was an independent contractor.
308 Panish showed a document used by AEG entitled “Disclosure and Authorization to Conduct Background Check”
309 Doc is used for employment, promotion, retention, contingent or the rate staffing, consulting, sub-contract work, or volunteer work.
310 Panish asked if there was any reason why Dr. Murray was not given a background check.
311 He wasn’t an employee, he wasn’t applying for a full time position with the company, Trell explained.
312 Trell said theoretically they could’ve asked to check Dr. Murray’s background and credit.
313 As to reference in Phillips’ email about Dr. Murray being unbiased, ethical, not needing this gig, Trell said it was Phillips’ impressions
314 Jessica Bina began her examination by showing the letter submitted by AEG’s CFO to the Estate of Michael Jackson for their review.
315 Trell said the report was requested by the Estate after a series of meetings after MJ’s death.
316 The purpose of the meeting was to wind up the business affairs of the tour due to MJ’s death, Trell said.
317 It was my understanding in June Tohme was back in the picture in some capacity. I’m not sure which, Mr. DiLeo was in it too, Trell said
318 Bina: Is there any request for payment?
319 Trell: No, there’s no demand for payment, it’s for review
320 Bina showed the report that was attached to the letter. Next to “Management Medical” there’s a reference to footnote 3.
321 Note 3: contract not signed by Michael Jackson and such signature was a condition precedent to any payment obligations.
322 Trell testified Webking, the CFO for AEG, did not ask MJ’s Estate for payment of Dr. Murray’s salary.
323 Second report made to the Estate on Sept. 18, 2009, there was no amount next to management medical.
324 Trell went thru his job description with AEG. He said he has five lawyers in his department and has worked on thousands of agreements.
325 Trell explained what PMK is — Person Most Knowledgeable, identified by the company to testify on its behalf.
326 Trell said he didn’t know about all the topics he was designated, so he had to do some studying and interviews with people.
327 As to Ortega’s contract, Trell said he was aware of a string of emails being at least a part of original agreement with Kenny.
328 When we were done here yesterday, I looked at Kenny Ortega’s original agreement, Trell said.
329 Trell noted he hadn’t looked at Ortega’s agreement since it was entered into in 2009.
330 Bina showed copy of Ortega’s contract. A large number of emails are part of the agreement as exhibits.
331 Trell said he recalled the emails exchange and admitted again not being proud of forgetting the cover contract portion.
332 Bina showed Ortega’s executed contract with everyone’s signature on it.
333 Trell said Kenny Ortega was paid after his contract was signed.
334 Trell, Phillips and Kathy Jorrie were involved in drafting and negotiating the contract with Michael Jackson.
335 For MJ, Trell said Dr. Tohme Tohme and attorneys Dennis Hawk and Peter Lopez represented him. He said there were multiple drafts.
336 It’s my understanding they were talking to, or at least receiving offers from, a competitive of ours, Live Nation, Trell said.
337 Bina showed the jury the final tour agreement. Trell said he went to MJ’s home at Carolwood to sign it.
338 Upon arrival, Trell said Mr. Jackson got up from where he was seated, and said ‘Hi, welcome, I’m Michael.”
339 Trell said it was pretty funny, since he was a very distinct person.
340 Trell said they shook hands, he had a good firm handshake and his voice was not what people think.
341 He popped up, came over, introduced himself, was very cordial, there was a real positive energy, good vibe in the room, Trell said.
342 He seemed genuinely enthused, Trell added. “He had the contract in front of him, said he read every page, seemed very enthused.”
343 Trell said they all signed it and Mr. Jackson was really keen on the 3-D stuff, that he was already down the road in his mind.
344 I was probably there just a little less than an hour. And that was the only time I met him, Trell recalled.
345 Bina discussed the contract for the tour agreement: A first class performance by Artist at each show on each of the approved itineraries.
346 Contract: Artist shall perform no less than 80 minutes at each show, and the maximum show length for each show shall be 3.5 hours
347 Contract: Artist shall approve a sufficient number of shows on itineraries proposed by promoter or producer as to recoup the advances made.
348 Trell said compensation was agreed on 90-10 split. Artist received 90% of what’s defined contingent compensation.
349 AEG Live was promoter and producer. “We advanced the money necessary to mount the tour,” Trell explained. “It’s interest free money”
350 Part of the advance was to pay off the settlement agreement of $3 million in London court.
351 The underlying dispute was that a company owned the rights for Jackson’s live performance. “The rights needed to be freed up,” Trell said
352 The advances were to be paid back to AEG Live before the split of revenue. Production Advances were capped to $7.5 million.
353 Contract: Artist was responsible for all the production costs in excess of the cap and had to reimburse promoter.
354 Michael Jackson was known to have very elaborated productions, Trell said.
355 Production values can get significant, for lack of a better word, it really depends on how many bells and whistles they want, Trell said.
356 Trell said AEG would not advance money without the artist requesting it.
357 Trell said it’s not only typical and customary, but standard and artist needs to secure either non-appearance or cancellation insurance.
358 Their interest in the policy, Trell said, was to cover the advances and production costs incurred with the production of the show.
359 If the were no obligations to AEG, the payout would go back to the artist, Trell explained.”It just recoups our loan made to the artist.”
360 Contract: Artistco hereby represents and warrants that artist does not possess any known health conditions, injuries or ailments…
361 Contract: that would reasonable be expected to interfere with Artist’s first class performance at each of the shows during the term.
362 Trell said MJ was involved and signed this agreement.
363 January 24, 2009 — agreement entered with Dr. Tohme Tohme
364 This agreement was entered into January 26, Trell testified. There are conditions that needed to be met before any payment could be made.”
365 One of the the conditions was placement of non-appearance insurance, Trell said. That placement was done in late April, early May.
366 In May, AEG received letter from MJ saying Tohme didn’t rep him anymore. “No payments were ever made under this agreement,” Trell explained.
367 That ended Day 15 of testimony in Jackson Family vs AEG wrongful death trial. Shawn Trell is expected to last all day tomorrow on the stand
368 Paul Gongaware is not expected until Thursday. That’s the plan for now. We hope to see you all tomorrow again!

Wednesday May 22, 2013

369 Hello from the courthouse in downtown LA. Day 16 of Jackson Family vs AEG wrongful death trial under way. Court in recess for lunch now.
370 It was mission accomplished for fan Karlene Taylor who guided a visitor from Beijing!
371 Keen Zhang is the president of China’s Michael Jackson fan club. He brought program from a memorial service there to present to Mrs Jackson
372 Zhang was not able to hand it to her directly but was happy to give it to Will, one of her bodyguards.
373 Katherine enters in an orchid colored jacket… cotton piquй according to sketch artist Mona Edwards, a former fashion illustrator.
374 Before we detail everything that happened in court today, we’ll describe the events that happened late afternoon when Trell testified
375 Jackson’s attorney showed emails between attorneys high-up within AEG and AEG Live referring to Michael Jackson as “freak” and “creepy”.
376 This email exchange happened hours before Shawn Trell went to MJ’s house to sign the contract on January 28, 2009,
377 Does this mean you get to meet the freak? Ted Fikre, AEG’s general counsel wrote to Shawn Trell.
378 Shawn Trell answered: “Apparently. Not sure how I feel about that. Interesting for sure, but kind of creepy.”
379 Jackson’s attorney Brian Panish had this reaction outside court: “This exemplifies AEG had no respect for Mr. Jackson.
380 Panish cont’d: “All he was to them was a vehicle to make money.”
381 Panish cont’d: We’re going to continue to prove that for members of the board and attorneys to refer to him as that is disgraceful”
382 Panish cont’d: we’re going continue to show and prove what AEG is all about. This was just the tip of the iceberg.”
383 Jackson’s fans said they were “outraged” at AEG’s treatment of Michael. They were crying in the hallway and said animals are treated better.
384 AEG’s attorney, Marvin Putnam, said that he’s waiting for actual evidence in the case to be presented and this was just personal attacks.
385 Watch @ABC7 Eyewitness News tonight at 11pm PT to see the emails and all the details about the story and
386 Jessica Bina asked Trell about an agreement regarding former manager Tohme Tohme. He was employed by Jackson and contract added duties.
387 Trell refers to cancellation insurance in tour agreement.
388 Compensation is detailed in contract. There was a condition precedent.
389 Trell: while this agreement started in January, the conditions/terms not met. If Tohme would’ve performed as specified, would’ve been paid.
390 Trell: To pursue Jackson’s interest in films, AEG would put up a million dollars for development. They contemplated making 3 films.
391 Trell said it’s always the artists obligation to obtain this form of insurance to pay back the advances.
392 Trell: The cancellation insurance, whether one show lost or the entire tour, MJ was obligated to pay us regarding the production costs.
393 Trell: AEG had obligation regarding advances. We don’t secure insurance to cover profits, only to protect losses from cancellation.
394 Trell: It is not uncommon for an artist to have the assistance of a promoter. We have to be satisfied with the strength of the policy.
395 Trell said insurance was $17.5 million. He said in the market place there was lot of skittishness; tabloid media possibility of skin cancer
396 Bina: Did you have a problem with the cost of doctor?
397 Trell: I thought in LA there are world renown doctors, questioned the expense
398 Trell says that he received report from insurance broker about the exam. “Other than a case of hay fever, Jackson passed in flying colors.”
399 Bina: you wouldn’t go out to get a policy for an artist with an illicit drug problem?
400 Trell: no, because it wouldn’t be covered
401 Trell: If someone died and the artist was so distraught that the artist could not perform, that loss would be covered by this policy.
402 Bina: We’re you ever able to get more insurance coverage?
403 Trell: No, because concerns over what marketplace saw in media reports.
404 List of what appeared on tabloids: Mj using a wheelchair, back injury, lupus, cancer, cosmetic procedures, lung infections.
405 Trell said there was no mention of drug abuse, alcohol abuse, sleep disorder.
406 Bina: Could AEG make a profit from cancellation insurance?
407 Trell: No, only to cover losses
408 Trell said employees are insured by the company. Independent contractors are just that, that is why it is called independent.
409 Independent contractors have area of expertise needed to make the project happen Trell said. It’s expertise not within the company itself.
410 Trell: We hire third parties for equipment, sound. They’re usually referred to us or they are known to the artist.
411 Trell: people responsible for the project would be involved in establishing rates and conditions, agreement is handled by me or my office.
412 Trell: On a nightly basis when they leave the premises, they go home, that is the sanctity of their home, that is their business.
413 Trell: It would be misguided for us to inject ourselves in the lives of those people. (Referring to members of an artist’s entourage)
414 Bina: Did AEG have any role in choosing doctor Murray?
415 Trell: No
416 Bina: Surprised to bring family physician on board?
417 Trell: No we’ve had other tours where artists brought doctors for themselves/families
418 Trell said insurance was required based on the contract.
419 Trell said they produced Prince’s tour a few years ago, which was analogous to the “This Is It” tour.
420 Email on 5/21/09 from Wooley to Dr. Murray:  Dear Conrad, I should like to send a contract to you in the next day or two
421 Email cont’d: But am looking for help writing the legal department because the form within which I work
422 Email cont’d: don’t apply to your specialized position. So it has to be custom-generated.
423 5/28/09, Wooley to Dr. Murray He said the legal department has not yet completed the agreement which is rather specialized, rare event
424 Email noted payment could only be made upon fully executed contract. Kathy Jorrie is attorney retained by AEG to work on Murray’s contract.
425 Bina: Did Ms. Jorrie begin contract negotiations with Dr. Murray at your direction?
426 Trell: Yes
427 6/15/09 Jorrie wrote to Wooley: I’ve attached draft for your review/comment. If you approved the attached, please submit copy to Dr. Murray
428 Contract: Provision 9 Artist Consent: The effect of this agreement is conditioned upon the approval and consent of the artist.
429 Contract: Without the artist’s expressed and written approval of the agreement neither party to the agreement will have any rights
430 Contract: obligations to one another arising from the agreement.
431 Trell testified this was the first contract he saw this provision included
432 Because of the personal nature here from MJ for this particular engagement of his personal physician, Trell explained.
433 Contract: The undersigned hereby confirms that he has requested producer to engage Dr. Murray on the terms set forth herein
434 Contract: on behalf of an at the expense of the undersigned: Michael Jackson
435 My understanding is that he was going to be categorized as artist advance, Trell explained.
436 This was specific accommodation at the request of the artist as opposed to production cost incurred while mounting a show, Trell said
437 Trell said there’s a final settling of the tour after the project is completed. That’s where they categorize/re-categorize things.
438 Trell said he doesn’t do the final settlement himself, but people who do ask him questions about how it should be done.
439 My understating he was an Artist Advance, Trell said. MJ’s company was responsible for both artist and production advances.
440 I’m not aware of MJ making objections to this provision, Trell said. Bina showed Dr. Murray’s last page of the contract signed by Murray
441 The agreement was between AEG Live Productions, LLC and GCA Holdings LLC and Conrad Murray. GCA Holdings is Dr. Murray’s employer.
442 The intention was to make it (provision 9) expressly subject to have Michael’s signature on it, Trell explained.
443 Bina shows the Recitals of the contract. In one of them, it says Dr. Murry was a licensed cardiologist.
444 Contract. Scope of Services: Dr. Murray will provide general medical care to the Artist…
445 Contract: Such services will be administered professionally and with the greatest degree of care expected from members in the medical field.
446 Email on 6/23/09 from Kathy Jorrie to Wooley and Dr. Murray “I’ve attached hereto a revised version of your agreement”
447 Email: which incorporates all of the revision you requested. I have redlined the word version so that you can see all the revisions.
448 Redline: It changed the scope of services from producer to artist in the sentence: “Dr. Murray shall also provide such other services [VMJ: At Murray’s trial Kathy Jorrie said Murray requested a change but it was never made].
449 Contract: as are reasonably requested by Artist from time to time during the term hereof. “It was requested by Dr. Murray,” Trell said [VMJ: Murray was still to perform the services requested of him by the PRODUCER!
450 Responsibilities of GCA/Dr. Murray 4.3 Obtain, maintain and comply with all licenses or other approvals required by any applicable law
451 Contract: or from any governmental agency or authority to permit or otherwise legally authorize Dr. Murray to perform any and all Services
452 Contract: and to fulfill all of his obligations under this Agreement including in accordance with applicable laws in the United Kingdom.
453 Contract: Present to Producer within two (2) weeks from the date of this Agreement documented proof of any and all licenses required
454 Contract: for Dr. Murray to practice Medicine in the United States and to perform the Services under this Agreement.
455 Contract: Present to Producer no later than July 3, 2009 documented proof of all licenses required for Dr. Murray to practice medicine
456 Contract: in the United Kingdom and to perfonn the Services under this Agreement to the reasonable satisfaction of the producer.
457 Contract included provisions to terminate the contract for failure to provide appropriate medical licenses to work in the US and UK
458 Trell spoke with individuals from AEG about MJ’s physical condition. He said he was told MJ seemed fine and the performances were terrific.
459 Email on 6/20/09 from Ortega to Phillips: Finally, it’s important for everyone to know, I believe that he really wants this
460 Email cont’d: it would shatter him, break his heart if we pulled the plug. He’s terribly frightened it’s all going to go away.
461 Email cont’d: He asked me repeatedly tonight if I was going to leave him. He was practically begging for my confidence. He broke my heart.
462 Email cont’d: He was like a lost boy. There still may be a chance he can arise to the occasion. If we get him the help he needs.
463 Trell said he was in the courtroom when Travis Payne testified. He remembers Payne saying MJ looked like he had flu-like symptoms on 6/19/09
464 Everyone mentioned chilling or cold, but no one definitively stated at the time what was going on, Trell said.
465 Bina: Did you speak with Mr. Phillips about his interaction with Dr. Murray?
466 Trell: Yes
467 My understanding there were two meetings in which Dr. Murray attended and MJ was present, Trell said.
468 He knew one on June 20th, and another one in the beginning of June, but he didn’t know the date.
469 Meeting on June 20th: Dr. Murray, Michael, Randy Phillips and Kenny Ortega. “Firstly, Michael indicated he was fine, just fine,” Trell said
470 Trell: Secondly, Dr. Murray scolded Kenny Ortega for raising concern, that he was taking care of Michael and he was just fine.
471 There were  no rehearsals on 21st and 22nd, Trell said, and MJ rehearsed on the 23rd and 24th.
472 He appeared fine and the rehearsals were terrific, Trell said he was told.
473 On June 25, Trell said there were two people that represented Michael Jackson in some management capacity: Dr. Tohme and Frank DiLeo.
474 Trell said that MJ’s Estate ultimately approved the productions advances incurred in the tour.
475 Bina: Does AEG Live does background check on its employees?
476 Trell: credit history may be requested when related to the position at issue
477 Brian Panish: Have you seen documents where Dr. Murray is referred to as a consultant?
478 Trell: I don’t recall
479 Trell said he was very, very involved in the “This Is It” tour.
480 January 26, 2009 was the first and only time Trell met with Michael Jackson. “I’m sure it was the only time I met MJ.”
481 I won’t forget meeting Michael Jackson, Trell said.
482 He seems very personable when I met him, I thought it was very interesting when he got up and met me at the door, Trell explained.
483 Panish asked Trell if it was appropriate for AEG to use derogatory terms to refer to an artist.
484 I think people have their own impressions, and thoughts and feelings about Michael Jackson, Trell explained.
485 I may not necessarily agreed with some of the life choices he made, he said, adding “I won’t forget meeting him that day.”
486 Email on 1/28/09 from Gongaware to Phillips: MJ still on today, right?
487 Panish noted the contract signing was on the 28th and not 26th as Trell referred to.
488 Panish: You were wrong about that, sir?
489 Trell: I was wrong about the signing date
490 I didn’t have the date necessarily in my calendar, I didn’t have the date in front of me, Trell explained.
491 I don’t believe he was misrepresenting the truth. It was Wednesday 28, not Monday the 26, Trell said.
492 From Phillips to Gongaware, cc’d Trell: 5pm at 100 Carolwood Drive. You and Shaw should be there
493 From Trell to Ted Fikre (attorney on the board of AEG) on 1/28/09 FYI…
494 From Fikre to Trell on 1/28/09, in response, three minutes later “Does this mean you get to meet the freak?”
495 Fikre is the general counsel for AEG, Panish said.
496 Panish: And this is the kind of respect your lawyer shows to the artist referring him as a freak?
497 Trell: You have to ask Mr. Fikre
498 From Trell to Fikre on 1/28/09 “Apparently. Not sure how I feel about that. Interesting for sure, but kind of creepy.”
499 Panish: Have you ever told Mr. Anschutz that his general counsel at AEG referred to MJ as a freak?
500 Trell: No
501 Shawn Trell will resume testimony tomorrow at 9:30 am PT. Paul Gongaware will follow as soon as Trell is done.

Thursday May 23, 2013

502 Hello from the courthouse in downtown LA. Day 17 of Jackson Family v AEG wrongful death trial under way. AEG’s Shawn Trell on the stand.
503 Katherine Jackson and daughter Rebbie are present in the courtroom. Brian Panish continues examination of AEG VP/General Counsel Shawn Trell
504 Trell said when he met Michael Jackson in January of 2009, the singer didn’t appear to be in pain.
505 I approximate the number of tours I’ve been involved in to be about 100, Trell testified.
506 Trell said AEG has done other smaller productions as promoter and producer, only on two occasions for singers (Prince and MJ).
507 We promoted and produced Prince’s 88 tour, Trell said.
508 Panish: Is that a yes, one time you did promote/produce a tour?
509 Trell: Yes
510 Panish said Prince’s tour did not go well.
511 I wouldn’t agree with that statement, Trell said. “I’ve never spoken to Prince, ever.”
512 Trell said AEG never hired physicians for tours before.
513 Trell said he didn’t know if AEG has a written contract with attorney Kathy Jorrie, who drafted Dr. Murray’s contract.
514 AEG did not deduct any payment from Jorrie for making mistakes in the contracts, Trell said.
515 I think Mr. Jackson asked us to engage his (Dr. Murray) services for him and his family on the tour, Trell explained.
516 We weren’t aware of a conflict of interest, Trell said.
517 Panish: Do you believe a threat to lose $150,000 month could exert pressure on anyone?
518 Trell: I don’t know that
519 Panish: You, AEG Live, could’ve said you should hire your own doctor with your own money, right?
520 Trell: Yes
521 As to Dr. Murray’s contract, Trell said it was prepared by AEG Live attorneys and never sent to any attorney representing MJ.
522 I believe there were three or four drafts, Trell explained.
523 Panish: Did Dr. Murray sign and fax back the contracts?
524 Trell: Yes, he did.
525 As to mistakes in contracts, Panish said there were a lot made in several contracts. He highlighted a few of them.
526 Panish: How many shows were in the tour?
527 Trell: In the tour agreement, 31.
528 Panish: But you sold tickets for 50 shows?
529 Trell: The agreement contemplated in excess of 31, based on artist’s approval.
530 Trell said he didn’t have written approval from MJ for 50 shows. “But you wanted to get fully executed contracts right sir?” Panish inquired
531 Trell said he never reviewed any of the drafts of Dr. Murray’s contract because Jorrie was handling the negotiation.
532 Trell explained that before AEG were to sign the final version, though, he would’ve reviewed everything to make sure there were no mistakes.
533 Panish asked if Trell knew Randy Phillips talked to Dr. Murray for 20 minutes on the phone.
534 I’m aware he had spoken with him, but didn’t know the length of the calls, Trell said.
535 Panish asked if MJ ever signed a release of authorization for Randy Phillips to speak with Dr. Murray. Trell said he was not aware of one.
536 Panish asked if Trell thought it was ok for Phillips to speak with Dr. Murray alone. He said it depends on the substance of the conversation
537 Panish: About their physical conditions?
538 Trell: I don’t know that. I think it would depend on the nature and substance of the conversation.
539 If they are talking about generalities, Trell said he doesn’t think there’s need for an authorization that Panish was talking about.
540 Panish: Are you familiar with HIPPA?
541 Trell: I’m generally familiar with it, but don’t know what the acronym means.
542 Panish: You have no idea what the law allows what a physician can discuss or someone can ask about a patient’s condition, sir?
543 Trell: Yes
544 Panish: Do you know if Mr. Phillips ever threat Dr. Murray?
545 Trell: No, I don’t know that.
546 Panish referred to the email from Gongaware on June 14, 2009 saying AEG was the one paying Dr. Murray’s salary and what’s expected of him.
547 Panish: Is it a conflict of interest to tell a doctor you are paying how he needs to treat his patient?
548 Trell: I don’t know if that would rise to a conflict of interest. There are facts and circumstances that would bear on this.
549 As to independent contractors, Trell said the indemnity provision is always included in the agreements.
550 Panish: That’s because it’s your job to protect the financial interested of the company, rights?
551 Trell: It’s part of my responsibility, yes
552 Panish: Isn’t it important to put everything in writing, sir?
553 Trell: Not necessarily, I don’t think you can put everything in writing
554 Trell said he doesn’t expect the CEO of a company to know everything within the company, as Phillips wrote that they ‘checked everyone out’.
555 Trell said the people whom AEG contracted are either known to them, to the artist or in the business.
556 Trell said AEG had a management agreement with Dr. Tohme, a management agreement.
557 It was an agreement between us and Tohme regarding the service he would render on the tour, Trell said.
558 It was a fee for whatever services MJ wanted him to perform according to the agreement, Trell explained.
559 Panish asked if Dr. Tohme was an employee of AEG.
560 Trell: He was not an employee
561 Panish: Is he an independent contractor?
562 Trell: He’s a party to an agreement
563 Panish pressed Trell for an answer, since he testified people working on the tour were either employees or independent contractors.
564 It’s hard for me to describe, he was not an employee, and not independent contractor either, Trell.
565 Panish showed an email where attorney Kathy Jorrie expressed reservations about Dr. Tohme.
566 Jorrie questioned if he was the “real McCoy”, meaning the real deal, and recommended a background check to be performed.
567 Did you perform background check on Dr. Tohme?
568 Trell: No
569 Trell said there was no reason to believe Dr. Tohme wasn’t telling the truth when he said he represented Michael Jackson.
570 Trell: I don’t know what she meant with the reference to “real McCoy”.
571 Trell said he saw Dr. Tohme call MJ numerous times about the tour.
572 Email on 6/23/09 from Timm Wooley to Bob Taylor (insurance broker): Kenny Ortega has responsibility only for the show content and structure
573 Email cont’d: Randy Phillips and Dr. Murray are responsible for MJ rehearsal and attendance schedule.
574 Email cont’d: Looks like there might have been an issue in Kenny Ortega either not being demanding enough.
575 Timm Wooley’s statement is inaccurate, in my opinion, Trell said, but agreed he never spoke with Wooley about it, never saw it before.
576 Meaning MJ showed up whenever MJ wanted to, Trell opined.
577 I testified that I was inquiring of ways that might be available to breach the gap, Trell said about looking for additional insurance.
578 Trell doesn’t know the exact number of the tickets sold. Estimating 15K seats for each of the 50 shows, Trell said it was about 750K tickets
579 Trell testified the venue typically holds the money of the sold tickets. In this case, AEG was the owner of the venue, withheld the money.
580 Panish asked Trell if he knew Randy Phillips threatened to take away Michael’s house if he didn’t perform.
581 Defendant’s attorney asked for a sidebar. They claimed Panish was misrepresenting the evidence. After the sidebar, they changed subject.
582 Trell said he didn’t know how much MJ’s assets were worth. He agreed they were underinsured for the tour.
583 Email from Ortega to Phillips on 6/20/09 at 2a: My concern is now that we have brought the doctor in the fold
584 Email cont’d: and have applied tough love, now or never card, that the artist may be unable to rise to the occasion.
585 Panish: Was MJ pressured psychological and needed to be checked?
586 Trell: I don’t know that.
587 This is the same email showed yesterday where Ortega said MJ was frightened that everything was going to go away.
588 I don’t know why Kenny was referencing that, I don’t know about mention of ending the tour, Trell said.
589 Panish: Was Mr. Jackson feeling pressured?
590 Trell: The email says he was frightened, it doesn’t say he was feeling pressured.
591 I have no idea what he felt, Trell said.
592 Panish: No one ever pressured him, right?
593 Trell: That’s my impression.
594 Trell said he doesn’t think AEG was under pressure to lose $34 million. “It was Michael Jackson’s obligation to us.”
595 Panish: Have you ever lost $34 million before?
596 Trell: No
597 Panish: Were you concerned?
598 Trell: There’s always a concern
599 The agreement was the tour agreement, Trell said, where it contemplated it could be expanded based upon artist’s approval.
600 Katherine Jackson exited the courtroom in tears. She became emotional  when Panish asked if MJ was being pressured.
601 Rebbie exited hugging Mrs. Jackson in the hallway. Katherine was crying, took off her glasses, wiped his eyes.
602 We’re now at lunch break, which is almost over. Trell resumed on the stand shortly.
603 Before jury entered, Judge Palazuelos said she wanted to address defendant’s inquiry that’s plaintiff is taking too long examining Trell
604 Judge said defendants chose Trell as person most qualified to speak on behalf of the company in 24 areas, so it takes time.
605 Katherine Jackson didn’t return in the afternoon. Only Rebbie was present. We were told Mrs. Jackson is too upset.
606 Brian Panish asked Trell if to work for AEG Live a person needed to have an executed contract.
607 There are employees that are hired by AEG who don’t have contracts; they are at will employees, Trell explained.
608 Panish asked Trell about several people who worked for AEG but didn’t have fully executed contracts.
609 Panish: You told us every person who got paid had fully executed contract, right?
610 Trell: That’s my impression
611 Panish said he wants to show all the unexecuted contracts as June 25, 2009.
612 Orianthis Panagaris
613 Alfred Dunbar
614 Michael Bearden
615 Email said: “Contract still under negotiation. Timm gave verbal Termination notice”
616 Panish: Did everyone who were paid for TII tour without fully executed contracts?
617 Trell: I don’t recall
618 Email on 6/19/09 from John Hougdahl to Randy Phillips: My laymen’s degree tells me he needs a shrink to get him mentally
619 Email cont’d: prepared to get on stage and then a trained to get him in physical shape… (Kobe’s should be available)
620 Email cont’d: I have watched him deteriorated in front of my eyes over the last 8 weeks.
621 Email cont’d: He was able to do multiple 360 spins back in April. He’d fall on his ass if he tried it now.”
622 John Houghdahl was the stage manager of “This Is It” tour.
623 Trell said Phillips never told him about this email.
624 This email is an indication from Houghdahl to Phillips that he feels that way.
625 Panish: Were you trying to stall Dr. Murray in getting a contract?
626 Trell: Me?
627 Panish: You and AEG
628 Trell: Not to my knowledge
629 Email on 5/26/09 from Timm Wooley to Brigitte Segal: Brigitte, Any joy with an agreement for Murray to sign. He’s pinging on us for payment
630 Email cont’d: but we can’t without a contract in place. Would like to stall him with something for him to look at & mull over.
631 Brigitte dealt with the housing in London.
632 No, we did not have sickness insurance coverage that day, Trell said.
633 The insurance would be one way MJ’s company would repay us, Trell explained. Panish said there’s a lawsuit pending regarding the insurance
634 AEG is no longer a party in the insurance last, Panish said.
635 Trell: We were dismissed from the case because we don’t have a financial interest.
636 Panish: Do you have anything in writing authorizing you to extend the tour to 50 shows?
637 Trell: Yes, we have the verbal approval
638 Panish showed Trell the contract with MJ and the provisions showed any change needed to be in writing.
639 Panish: Do you have anything in writing from Mr. Jackson for costs in excess of $7.5 million?
640 Trell: No
641 On April 14, 2009, Michael Jackson wrote a “Notice of Revocation of a Power of Attorney” that Tohme was no longer representing him.
642 As of May 5, 2009, Trell was made aware of MJ’s request regarding Dr. Tohme, Panish said.
643 We would not pay on an agreement until there was a fully executed agreement, Trell said.
644 Tohme signed a letter on 6/28/09 on behalf of MJ’s company approving the expenses of $34 million to go to Jackson’s estate.
645 Panish: Do you deny telling Mr. Taylor before MJ died that AEG employed Dr. Murray at the request of MJ?
646 Trell: I don’t recall
647 Jessica Bina did re-cross of Trell, who said Dr. Murray’s agreement required medical licenses both here in the US and in the UK.
648 He also needed proof of insurance, Trell said. If Dr. Murray didn’t provide them, there were grounds for termination of services.
649 Bina: Did AEG Live ever provided him with medical equipments?
650 Trell: No. Two reasons: the agreement never went into the effect
651 And had it come to existence, Trell said, the equipment would’ve been provided in London.
652 Equipment requested: CPR machine, saline, catheters, needles, gurney and other mutually approved medical equipment necessary for the Services
653 Trell said Bearden’s contract was eventually fully executed. It was under negotiation when MJ died.
654 No contract needed MJ’s consent and signature, except for Dr. Murray, Trell testified.
655 Bina: Does the fact that you are negotiating means you have a contract?
656 Trell: No, it’s just that, negotiation
657 Bina: Does the agreement have to be in writing to exist?
658 Trell: Yes, of course
659 Bina: When did you have an agreement with MJ?
660 Trell: As of January 28, 2009
661 Trell said he didn’t know if MJ and Dr. Murray talked about the contract. He said he didn’t know whether MJ was going to sign it.
662 Trell said there were dozens and dozens, North of 50 contracts done in “This Is It” tour.
663 Contract: Artistsco hereby per-approves thirty one shows or such greater number as agreed by artistco and promoter.
664 Trell said there was an ongoing discussion about the expenses incurred to mount the show; impractical to get everyone’s signature.
665 As to the expense report sent to the estate and approved by Dr. Tohme, Trell said Frank DiLeo also signed it.
666 Bina showed a document from DiLeo saying he was MJ’s manager from March 2009 until his death.
667 “For instance, MJ asked AEG Live to retain services of Dr. Murray as his personal physician,” DiLeo letter said.
668 Trell said DiLeo was acting in some management capacity for MJ.
669 Bina: Did anyone ever tell you MJ had not approved the costs for TII tour?
670 Trell: No
671 As to Dr, Murray, Trell said he didn’t feel there was a conflict of interest, the interest of all three parties involved were the same.
672 There were no inconsistencies in the agenda, Trell said.
673 Second, even if the agreement was in place, effectively MJ was hiring Dr. Murray, just using our money, Trell said.
674 We had entered into a multi-faced, multi-year agreement with MJ and wanted nothing but for it to be successful, Trell testified.
675 The Michael Jackson company, in first instance, would be responsible to pay the money. Then MJ had guaranteed it, Trell testified. [VMJ: So Michael as an individual was also responsible with his assets]
676 Trell said that if MJ had any royalties, AEG would have rights on it to recoup the money, but couldn’t take interest in his music catalogue.
677 Bina played deposition from Trell were he said he didn’t supervise people who performed personal services, like hair and make-up artists.
678 His job, Trell explained, was to supervise the what-you-see-on-stage.
679 Bina talked about Hougdahl’s email. She asked if it mentioned drug abuse, medication, anesthesia. Trell said no.
680 The email, Trell said, had to do with MJ being mentally prepared and  about a trainer to get him in shape.
681 Trell said HIPPA law is an intent to protect a patient. He doesn’t have any more knowledge about it.
682 Bina: Did Mr. Phillips say he discussed treatment of Mr. Jackson with Dr. Murray?
683 Trell: No, not at all
684 Bina: Did Mr. Jackson to your knowledge died from being too skinny?
685 Trell: No
686 Bina: Did Mr. Jackson died from being sick?
687 Trell: No
688 Trell said AEG Live never supplied any equipment or paid for any drugs given to MJ.
689 Bina: What was MJ’s cause if death?
690 Trell: I believe it was acute Propofol intoxication, given by Dr. Murray in MJ’s bedroom.
691 Panish, in re-re-cross:Did you know AEG paid Frank Dileo $5 million after MJ died?
692 I don’t recall me being involved in approving such payment, Trell testified. Panish showed emails regarding DiLeo’s revised payment
693 10/13/09 from Shawn Trell to Rick Webking: Approved $5 MM bucket
694 $50k payment to Frank would have to do with motion picture, Trell said. It would be taken out of the 5 million dollar bucket.
695 That does not mean Frank was paid $5 million, Trell said, explaining DiLeo was paid $50,000 but he didn’t know what for.
696 Regarding the approval of TII tour expenses:
697 Panish: You had no signature before Mr. Jackson was dead?
698 Trell: Correct
699 Panish: You took the position, to satisfy the contract, that DiLeo and Tohme could sign after MJ was dead, yes or no?
700 Trell: Yes
701 Trell said Dr. Murray’s expenses were included in the expenses DiLeo and Tohme approved.
702 I’m not aware of any payments to Dr. Tohme, and only aware of $50,000 to Mr. DiLeo for something related to the movie, Trell said.
703 Of course Michael Jackson was necessary for a MJ tour, Trell explained. “It’s his show, it’s MJ show, he’s the most important person.”
704 Trell said he doesn’t recall anybody else, other than Dr. Murray, at the rate of $150,000.
705 Panish: Did Randy Phillips ever call your doctor to see how you’re doing?
706 Trell: No
707 Judge ended the session and excused Shawn Trell, subject to recall if needed. Paul Gongaware takes the stand on Tuesday morning.
708 There will be no trial tomorrow. It was agreed upon in the beginning that court would be dark tomorrow due to Memorial Day holiday.
709 We’ll be back with complete coverage on Tuesday. Hope to see everyone here. Have a great weekend and safe holiday!
710 For all the coverage, watch @ABC7 Eyewitness News and go to

The following tweets from TeamMichaelJackson were added to give all of us the feel of what was going on in the courtroom. They also provided us with some invaluable information ommitted by ABC7 Court News:


Lunch. On exiting the court room Mrs Jackson and Rebbie stopped thanked everyone of the fans for being there.


Panish: Was Dr Murray included on the production budget for This Is It… unfortunately…. mistakenly…. was not supposed to be, FINALLY – YES


Panish: Did AEG send by hand to Michael Jackson Estate cost incurred on production of TII, to recover those on JULY 17 09. FINALLY ANSWERS Yes


Panish: Did those costs include Medical expenses for Dr Murray of $300,000.00. FINALLY answered YES, AEG employees having HARD time answering


Panish: Did you draft the contract AEG+MJ signed, …….. Would not answer “honestly” so deposition was played, witness impeached, YES!


Panish: MJ was made certain advances? Yes. Did you include monthly payment of $100,000 for manager Tohme Tohme,…………………….YES


Panish: It is customary to make advances for the artist manager? ,,,, erm,,,,,,,,,, Yes, (You can all guess how its going)


By the way, Payne/Hollander/Trell were ALL impeached, the minute Panish begins with “Did you testfy under oath, under perjury” and plays their deposition


Further 3 impeachments objection after objection Judge keeps overruling


Trell, Phillips, Gongaware were very concerned about getting insurance asap because of news from the UK about MJ`s health problem


Trell began on MJ’s insurance as early as January/February. Saying its normal procedure. That would be as soon as their contract with MJ was signed


Trell was impeached once again. Stebbins tried to object. Overruled.


It has come out this morning AEG FIRED everyone in their human resources department ten days before Trell sat for his deposition.  WHAT ARE THEY HIDING?


Trell wants to read EVERY email/doc even the ones sent to him. Panish has time limits for direct.


Randy Phillips video was played re Murray “We hired him” then emails discussed about the UPROAR it created at the head of AEG.


June 26/27 2009 John Branca sat down with Delio, Gongaware. Phillips, McClain and others to discuss This Is It movie.


Panish asks witness to answer questions with yes or no, Panish don’t want to argue with witness wants to get through this process asap


AEG have done two shows on the same scale as This Is It.  The other was Prince’s tour. TII never got off the ground, so only one was prior


Trell found it hard to acknowledge only once AEG did show on this scale. Prince tour was a bad experience too


Have you ever spoken to Prince of his experience with AEG? No. Prince was very unhappy with the way AEG treated him on tour.


Did you pay Kathy Jorrie for her to walk on Murray contract? Yes. You are familiar with conflict of interest? Yes.


Nothing stopped AEG from getting into contract with CM because of conflict of interest? We were not aware of one. But as a lawyer you should know. As a professional, an attorney you are supposed to know about conflict of interst.


You could have said, Mr Jackson we believe something as personal as hiring a doctor we think you should hire you own Dr?


Nothing stopped you giving Michael the advance and Michael could’ve got his own Doctor, then you, AEG would not have had any control? We could have.


This contract for MJ & AEG was drafted wholly by AEG? Yes. Did you send any of 4 drafts to MJ attorney? NO


Did you say yesterday Joel Katz was MJ attorney? Yes. But sir this was an attorney RETAINED by AEG isn’t that correct? I don’t know


Shows evidence Joel Katz was long time friend of Randy Phillips. Was working for for AEG since 2008


You the master of contracts Stebbins called Trell yesterday on cross. Panish points out numerous errors in contract.


How many shows in MJ contract? 30, nowhere did you have in writing MJ agreed to 50 shows? We could go in excess of 30. BUT IT ISN’T IN CONTRACT


GONGAWARE IS IN THE COURT ROOM…… So much lying going on… Panish has Trell backed up against the wall…. Trell and Gongaware “eye contact” tells a lot.  Trell was in his realm yesterday when cross directed by Stebbins (AEG) Now when Panish is examining, Trell seems brain dead


Phillips said “we checked this Doctor out’ yet you are saying “we don’t check out independent contractors?” You will have to ask Phillips that


Displays large image of Phillips on right of screen. Trell on left. Both making contradictory statements.  One say “We checked him out” another says “We don’t check independent contractors”.


Mrs Jackson got up and walked out the court room when Panish was questioning Trell about MJ being threatened….


You said no one could make MJ go to rehearsals? Yes, that’s up to the artist.


Read us what he said, email from Tin Woolly to Bob Taylor insurance broker 23 June reads…. “Randy Phillips & Conrad Murray are responsible for making sure MJ attends rehearsal”.


Did you ever ask Wooley about this statement? No


Is it correct Mr Gongaware was responsible for raising the number of shows? I don’t know. I will ask Gongaware……. Sidebar


June 25 Would be fair to say AEG cost exceeded $ 30 mill? Don’t know. “there is no question June 25th cost exceeded $17,5 Million” Panish


And the insurance did no way cover the cost? Well yes. So you were trying to get more insurance? Yes


You had NO illness insurance on MJ? No. If MJ got sick you would have no way of covering those cost? Yes


AEG had already sold out 50 shows. You had all that money? Well the venue did… YOU own that venue right? Correct. So you had the money? Yes


How much was that money? Don’t know. You would’ve had to pay all that money back? I don’t know, I guess so….


Were all MJ’s assets used as collateral when he signed the AEG contract? No. Are you telling me you did not tie all his assets up? Not ALL


Panish: you are an attorney? Yes. A contract can be oral or written? Yes, but I disagree with that.


DO YOU KNOW THE LAW IN CALIFORNIA. You didn’t have a written contract to raise shows to 50?? That was oral


So you had oral contract to increase show. But you had no oral agreement with Conrad Murray!!!!


Bugsy wrote in an email to Randy on June 20th, informing him Michael’s health has been declining for 8 weeks


Contract point 16.1 this agreement cannot be amended without binding in writing, Do you have anything in writing?


That authorized you to increase the shows to 50? We had verbal. “YOUR HONOR STRIKE HE DID NOT ANSWER MY QUESTION” Panish


Did you have it in writing, yes or no? No


With respect to Dr Murray you told you could us you could not pay him without a executed contract? Correct


You did not have written authorization from Mr Jackson to repay you for the cost of production did you? No


You sent the expenses to the estate, until that you had no authorization, you also had Mr Dileo sign off in that, didn’t you? yes


Sidenote: they needed TT to sign off so they could get $40 MILLIONS of dollars from Branca.


Statement of facts from Frank Delio was read out in court basically supporting AEG’s case. CM was MJ physician MJ wanted him.


The declaration by Dileo FULLY supported AEG, it was as if AEG could have written it and just had Delio sign on the dotted line.


It goes on about the budget he discussed with MJ & MJ agreed to ALL & and to repay the monies to AEG Live


AEG loaned $34 mill to Michael for TII tour, but have made advances of $100 million in other tours Trell


MJ’s assets used as collateral Panish  “we wouldn’t have taken the music catalog, we would’ve taken from royalties” Trell


Panish: Were you aware AEG paid Mr Delio $5 mill after Michael Jackson died? No. Did AEG pay $5mill Delio? I’m not aware


Side note: so it seems Frank Delio was offered FIVE MILLION DOLLARS to write a declaration (yes probably written up by Kathy Jorrie).


Trell has NO KNOWLEDGE of FD $5mill. “Lets look at this email, Shawn Trell is that you? Yes. Your name on there Shawn Trell? Yes


Panish:  Dileo expenses dated October : “approve payment to Dileo “DID YOU APPROVE ANY MONEY TO DILEO, YES OR NO?” That’s was for This Is It movie.


Panish: Did Delio sign this statement of facts AFTER you paid him, and If he did not sign he would not have got $5million?


We paid him $50,000 with a bucket of $ 5million. Which would have had to be approved by MJ Estate Trell….. John Branca


Panish: The budget with Dr Murray’s expenses was attached to this declaration of Frank Delio correct? I would like to see whole document


Panish goes over to Trell to find the doc, Trell becomes stroppy Panish ask “Am I upsetting you?  Trell replies “No”. Panish “It’s ok if I am”


AEG Budget submitted to MJ Estate by Delio, in October INCLUDED DR MURRAY’S EXPENSES of $300,000.00 yet no one picked up on this “error”


Panish repeats:”According to you There was a verbal agreement to increase the shows to 50 shows”? Correct. No EXECUTED agreement? Verbal


Panish: But AEG took the position to have Tohme & Delio sign off on theses expenses after Mr Jackson died? Yes. You had NO agreement with MJ? No.


Side note: Since there was no agreement with MJ & no insurance to cover AEG’s expenses, AEG retroactively PAID TT& Delio to sign declarations


Panish: You’ve never seen any agreement between MJ & Delio, dated June 5th 09″? No. Panish showed him the agreement


Panish: The biggest asset for TII tour was Michael Jackson wasn’t it?? I don’t understand……….Yes he was the most important one


After Panish was done Stebbins cross examined. Lots of tension in the courtroom today, Judge had numerous side bars…

So Joel Katz was not Michael’s attorney. He was retained by AEG.

Michael never gave a written consent to 50 shows. AEG has no written confirmation of that. However their “verbal” agreement to 50 shows was regarded by AEG as an obligation for Michael.

At the same time AEG thinks that a similar oral agreement with Conrad Murray (backed up by numerous emails and the draft contract) is not valid and is not binding them to anything at all.

Besides never agreeing to 50 shows Michael never agreed to pay all production costs either. AEG hasn’t got Michael’s consent to that.

AEG evidently paid to Tohme and Dileo for making declarations stating that Michael had agreed to all those terms, though he did not.

This is probably why AEG brought Tohme back at the end of June though Michael fired him in March. And this is why two days prior to Michael’s death Randy Phillips was introducing Tohme to everyone as “Michael’s manager”.

Why were they making those preparations? What were they getting ready for just two days before Michael’s death?

Dileo did not really take particular part in making This is it, so the proposed payment of $5mln. was most probably for signing the declaration confirming the points not authorized by Michael but badly needed by AEG.

And adding to all this phenomenal news here is one more piece from the top AEG official:

Panish: You said no one could make Michael Jackson go to rehearsals?

Shawn Trell: Yes, that’s up to the artist.

*  *  *

TeamMichaelJackson has posted full transcripts of all testimonies on week 4 of the trial! Please help them to buy more:

The testimony of Julie Hollander Vice-President of Events Operations Accounting started the previous week and will be included here too:

Julie Hollander AEG Live, Vice-president  May 16, 2013

View this document on Scribd

Marty Hom, tour promoter, AEG retained expert witness/ Julie Hollander May 17, 2013

Full testimony not available, summary of the testimony is here:

Julie Hollander May 20, 2013

View this document on Scribd

Shawn Trell, General Counsel for AEG Live. May 20, 2013

View this document on Scribd

Shawn Trell  May 21, 2013

View this document on Scribd

Shawn Trell  May 22, 2013

View this document on Scribd

Shawn Trell May 23, 2013

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37 Comments leave one →
  1. May 25, 2013 7:36 pm

    Reblogged this on MJJ Fan News.


  2. TatumMarie permalink
    May 25, 2013 8:38 pm

    What a sweetheart, hes so polite. He introduces himself when he probably has never met anyone who didnt know who he was. I feel so bad for Katherine.


  3. TatumMarie permalink
    May 26, 2013 7:48 am

    Sharon speaks the truth.


  4. May 28, 2013 10:54 am

    Guys, I am waiting for the transcript of Shawn Trell’s testimony to appear on TeamMichaelJackson blog (I do hope that they make a post of it) to be able to make the first conclusions about AEG’s revelations. In the meantime there are lots and lots of articles I’ve collected.

    Let me post only some which I consider the most truthful. If I have a chance I will analyze them together with the tweets from ABC7 CourtNews and TeamMJ.

    Here is one by Alan Duke:

    AEG execs face questions about Michael Jackson’s death
    By Alan Duke, CNN
    May 20, 2013 — Updated 2046 GMT (0446 HKT)

    • NEW: AEG Live exec says listing doctor’s fees as “production costs” was a mistake
    • NEW: AEG Live asked Jackson estate to repay $300,000 for the doctor
    • AEG Live’s controller confirms company budgeted $1.5 million for Michael Jackson’s doctor
    • An AEG expert testifies it should have been “a red flag” when Murray asked for $5 million

    Los Angeles (CNN) — AEG Live asked Michael Jackson’s estate to repay the concert promoter $300,000 for Dr. Conrad Murray’s fee three weeks after Jackson’s death, court testimony revealed Monday.

    The revelation contradicts AEG Live’s defense that it did not hire or pay the doctor convicted in Jackson’s death.
    “To me, it’s a mistake,” AEG Live Senor Vice President and General Counsel Shawn Trell said when confronted with a letter sent to Jackson’s estate.
    Trell, testifying Monday in the Michael Jackson wrongful death trial, also said his company’s chief financial officer made another major error by classifying Dr. Murray’s fees as “production costs” and not “advances” in all of the budgets for Jackson’s “This It It” tour.
    “Mistakenly, yes,” Trell said.
    Despite these “mistakes,” Trell called the CFO “a very detailed-oriented guy.”

    Jackson’s mother and children are suing AEG Live, contending the concert promoter is liable in the singer’s death because its executives negligently hired, retained or supervised Dr. Murray, who was convicted of involuntary manslaughter.
    The promoters ignored a series of red flags that should have warned them Jackson was in danger as he was pressured to get ready for his comeback concerts, the Jackson lawsuit claims.

    AEG Live lawyers counter that it was Jackson who chose, hired and supervised Murray, and that he was responsible for his own bad decisions. Its executives could not be expected to know Murray was using the surgical anesthetic propofol, the drug the coroner ruled killed Jackson, to treat his insomnia, they argue.

    Testimony from Trell — and, earlier, AEG LIve controller Julie Hollander — showed the company’s budgets included $1.5 million to pay Murray $150,000 a month.
    The budget terminology could be key in the jury’s decision on AEG’s liability, since production costs were the promoter’s responsibility, while advances were basically loans to Jackson. The revelation that the doctor’s fees were designated as production contradicts the defense that AEG lead lawyer Marvin Putnam shared with CNN before the trial.

    AEG Live’s role with Murray was only to “forward” money owed to him by Jackson, just as a patient would use his “MasterCard,” Putnam said. “If you go to your doctor and you pay with a credit card, obviously, MasterCard in that instance, depending on your credit card, is providing the money to that doctor for services until you pay it back. Now, are you telling them MasterCard in some measure in that instance, did MasterCard hire the doctor or did you? Well, clearly you did. I think the analogy works in this instance.”

    The doctor signed the contract prepared by AEG lawyers and sent it back to the company a day before Jackson’s death. The company argues it was not an executed contract because their executives and Michael Jackson never signed it.
    The Jackson lawyers argue that e-mails, budget documents and the fact that the doctor was already working for two months showed a binding agreement between AEG and Murray.

    Panish, speaking outside of the courtroom Friday, said he would also ask Trell about AEG’s insurance claim, which he said his team recently discovered was filed with Lloyds of London on June 25, 2009, hours after Jackson was pronounced dead at UCLA Medical Center.

    That revelation may not relate to the heart of the wrongful death lawsuit against Michael Jackson’s last concert promoter, but Jackson lawyers hope it could sway jurors to see AEG Live executives as motivated by money over the pop icon’s needs.

    A Lloyds of London underwriter later sued AEG, claiming the company failed to disclose information about the pop star’s health and drug use. AEG dropped its claim for a $17.5 million insurance policy last year.

    Jackson lawyers played video testimony of one of AEG’s own expert witnesses Friday — 25-year veteran tour manager Marty Hom.

    The opinion Hom submitted for AEG concluded he saw no red flags that should have alerted the promoter that something was wrong with Murray.

    He was asked if AEG Live should have realized something was wrong when Murray initially asked for $5 million a year to work as Jackson’s personal physician. “That raised a red flag because of the enormous sum of money,” Hom testified.

    Hom acknowledged he had not seen many of the documents and depositions in the case, and AEG was considering him for a job as the Rolling Stones tour manager at the same time he was asked to testify.

    And the one about a FREAK of course:

    Michael Jackson referred to as ‘freak’ in AEG email

    Firm’s top lawyer called Jackson ‘the freak’ in email to an AEG exec. The email was disclosed at the trial in the wrongful-death suit filed against AEG by Jackson’s mother and children.

    By Jeff Gottlieb and Corina Knoll, Los Angeles Times
    May 22, 2013, 11:27 p.m.

    In his opening statement in the Michael Jackson wrongful-death suit, an attorney for AEG said his side would expose the singer’s secrets. “We’re going to show some ugly stuff,” Marvin Putnam said.

    But on Wednesday, it was lawyers for the singer’s family who revealed some ugly stuff from AEG.

    Hours before Anschutz Entertainment Group executives headed to Michael Jackson’s Holmby Hills home to sign multimillion-dollar contracts for his 50 concerts in London, the firm’s top lawyer called Jackson “the freak” in an email.

    The revelation, which came during the last 15 minutes of court Wednesday, enlivened the day’s testimony in the case that Jackson’s mother and children have filed against AEG.

    The email was shown to the jury during the third day of testimony by Shawn Trell, general counsel and senior vice president for AEG Live.
    Jackson attorney Brian Panish asked Trell about his visit to the singer’s house to sign the contracts. “It was exciting to meet Michael Jackson,” he said.

    Panish built toward a climax, asking Trell if it were company policy to speak in derogatory terms about an artist it was about to sign to a huge deal. “I may not have necessarily agreed with some of the life choices Michael Jackson made,” Trell said, “but I certainly had enormous respect for him as an entertainer.”

    Panish asked Trell, “Did Mr. Fikre say to you that Michael Jackson was a freak?” a reference to Ted Fikre, chief legal and development officer and a member of the board of parent company AEG, before slowly unraveling the emails.

    The email chain starts Jan 28, 2009, with AEG Live executive Paul Gongaware writing to Randy Phillips, president and chief executive of AEG Live: “MJ still on today?”

    Phillips emails back. “Yes. 5 p.m. 100 Carolwood Dr. You and Shawn should be there,” referring to Trell.

    Trell forwarded the email to Fikre, who replied two minutes later: “Does this mean you get to meet the freak?”
    Trell replies: “Apparently. Not sure how I feel about that. Interesting for sure, but kind of creepy.”
    Panish then scolded Trell as he sat in the witness box: “Didn’t your mother ever tell you if you don’t have anything good to say about someone not to say it?”

    Asked outside court about the email, Jessica Stebbins Bina, an attorney representing AEG, replied, “I think it speaks for itself.”
    The Jacksons are suing AEG, contending the company negligently hired and supervised Conrad Murray, the doctor who administered the fatal dose of propofol to Jackson in June 2009. AEG says that Jackson hired Murray and that any money the entertainment company was supposed to pay the doctor was an advance to the singer.

    Murray is in jail after being convicted of involuntary manslaughter.

    Earlier in the day, Trell testified that he had been told that Jackson passed a medical exam for an insurance policy a few months before his death “with flying colors.” A second insurance exam had been scheduled for July 6, 2009 — about two weeks after Jackson died.
    The exams were necessary so AEG could buy cancellation insurance for Jackson’s “This Is It” concerts.

    Cancellation insurance, Trell said, is a typical way to recoup advances made to an artist when an event falls through. According to its contract with Jackson, AEG had advanced the singer close to $30 million.

    Insurance carriers, however, were “skittish” due to tabloid reports about Jackson’s health, Trell said. Stebbins Bina said their concerns did not include drugs, painkillers, alcohol or sleep disorders.

    In addition to the tour contract, Trell said Jackson and AEG had an agreement that proposed developing as many as three films together, one of which was related to his “Thriller” video.

    When nothing was developed by the agreement’s June 1, 2009, deadline, AEG sent a proposed amendment to extend that date to Jackson’s representatives, Trell said.

    “I think the interest was still there on Mr. Jackson’s side and I know we were interested in helping him realize what he wanted to accomplish,” Trell said.


  5. May 28, 2013 11:20 am

    Poor Michael. Four days before his death he was scolded for his poor health and like a school kid had to promise that “he would improve”:

    Michael Jackson paranoid, anxious, obsessive, director says

    Michael Jackson (Los Angeles Times)
    By Jeff Gottlieb
    May 20, 2013, 6:10 p.m.

    Five days before he died, Michael Jackson was in such a sorry mental state that the director of his ill-fated “This Is It” concert series said he needed a psychiatric evaluation.

    Kenny Ortega sent the June 20, 2009, email to Randy Phillips, president and chief executive of AEG Live, which was putting on the 50 London concerts. He wrote “trouble at the front” in the email’s subject line.

    “I honestly don’t think he is ready for this based on the continued physical weakening and deepening emotional state,” Ortega wrote. “There are strong signs of paranoia, anxiety and obsessive-like behavior. I think the very best thing we can do is get a top Psychiatrist in to evaluate him ASAP. It’s like there are two people there. One (deep inside) trying to hold on to what he was and still can be and not wanting us to quit him, the other in his weakened and troubled state … I honestly felt if I had encouraged or allowed him on stage last night he could have hurt himself. I believe we need professional guidance in this matter.”

    The email was shown to the jury in the Jackson wrongful death lawsuit during the testimony of Shawn Trell, AEG’s senior vice president and general counsel. He said he learned of Jackson’s frail condition from Phillips and Paul Gongaware, another top executive, at a meeting of AEG Live’s executive committee.

    Trell said the company’s response was to hold a meeting that day with Jackson and his doctor,Conrad Murray. “…so I think they took it seriously,” he said.

    Phillips turned down the request for a psychiatrist. In emails previously published by The Times, Phillips wrote, “It is critical that neither you, me or anyone around this show become amateur psychiatrists or physicians.”

    At the meeting, Jackson said he would improve and Murray agreed to help. Others have said that Jackson did great during the next two days of rehearsals. “Michael and the doctor stressed that he was OK. They had it under control,” Marvin Putnam, AEG’s attorney, has said.

    Murray was convicted of involuntary manslaughter for giving Jackson a fatal dose of the anesthetic propfol to treat his insomnia. His mother and three children have sued Anschutz Entertainment Group, saying the company negligently hired and supervised Murray. AEG says that any money it was supposed to pay Murray was an advance to Jackson.,0,926891.story


  6. May 28, 2013 11:29 am

    Here is one more article – about Tohme and a HUGE conflict of interests in the AEG case. The journalist cautiously calls it a “potential” conflict of interests though to every normal person it is clear that a personal manager can be paid by no one else but the person himself. Tohme on the payroll of AEG could be working only in AEG’s interests. And Michael clearly didn’t want Tohme to be his manager at all.

    Frank Dileo was also on AEG’s payroll. AEG will of course say that Michael lacked money to pay to his manager, but in such a case AEG could have simply advanced him more money. In terms of their budget it would not have changed anything – the sum would have remained the same. Whether an advance or production costs they claimed that both were to be returned by MJ.

    The only difference is that from the short tweets we have it seems that Michael NEVER agreed to cover the production costs or at least all of them. AEG did not have Michael’s written consent to it. I suspected it all along as the matter of production costs was very cunningly “hidden” in the Appendix which was not even dated or signed by any of the parties. AEG must have added it later or simply concealed from Michael.

    May 21
    AEG paid Michael Jackson’s manager $100,000 a month

    By Jeff Gottlieb

    May 20, 2013, 1:53 p.m.
    The promoter and producer putting on Michael Jackson’s ill-fated “This Is It” concert series was paying his manager $100,000 a month, the only time entertainment giant AEG made such an agreement, a company lawyer testified Monday.

    Shawn Trell, senior vice president and general counsel for Anschutz Entertainment Group, testified in the Jackson family’s wrongful-death lawsuit that the money was paid to Thome Thome.

    The payments appear to be a potential conflict of interest, since a personal manager is supposed to represent the performer’s interests.

    In addition, Trell was shown a report AEG sent Jackson’s estate that included a request it be repaid $300,000 it had given Conrad Murray, the doctor who administered the fatal dose of the anesthetic propofol to Jackson.

    “To me, it’s a mistake,” Trell said.

    Previous testimony showed AEG never paid Murray.

    Brian Panish, an attorney for Jackson’s mother and children, who filed the lawsuit against AEG, said in court that the company had been seeking $30 million in advances from Jackson’s estate.

    Earlier in the day, an AEG executive testified that Murray’s salary was never listed on a budget as an artist advance.

    The Jacksons say in their suit that AEG negligently hired and supervised Murray, while the company says that Jackson wanted him hired and that any salary it was supposed to pay him were advances to the singer.

    Julie Hollander, AEG’s vice president and controller also testified that she didn’t know of any other instance in which the firm had hired a doctor to go on a concert tour.

    “I know in my experience it is not typical for the promoter and tour producer to hire a doctor,” she said.

    She also testified that when Jackson died in June 2009, shortly before his 50 concerts were set to begin in London, the production was about $2.5 million over budget.,0,1590136.story


  7. May 28, 2013 12:16 pm

    Generally the articles by Anthony McCartney of the Associated Press are biased and are telling only half the truth. This one is more or less accurate:

    — May. 21 7:44 PM EDT

    LOS ANGELES (AP) — AEG Live LLC did not conduct any background checks or supervise the doctor who was later convicted of killing Michael Jackson, a corporate attorney testified Tuesday in a lawsuit claiming the concert promoter was negligent in hiring the physician.

    AEG Live General Counsel Shawn Trell told jurors that no legal or financial checks were done involving Conrad Murray or anyone else who worked as an independent contractor on the “This Is It” shows.

    Jackson’s mother Katherine is suing AEG claiming it failed to properly investigate Murray, who was deeply in debt when he agreed to serve as Jackson’s tour physician in 2009 for $150,000 a month.

    Trell said he thought a background check would be appropriate for people working in financial roles, but not tour personnel who weren’t employees of AEG.

    Murray’s employment status is a central issue in the case. Katherine Jackson’s lawyers contend he was hired by AEG, but the company denies it hired him and notes the singer died before signing the doctor’s contract.

    Trell also acknowledged while testifying that numerous people in the company knew of concerns that Jackson’s health was declining.
    Five days before Jackson died, AEG Live CEO Randy Phillips alerted the promoter’s parent company that Jackson had missed a rehearsal and didn’t appear to be ready for his comeback concerts.

    “We have a real problem here,” Phillips wrote in the message to the CEO of Anschutz Entertainment Group.

    Trell agreed with a statement by plaintiff’s attorney Brian Panish that company executives knew by then there was a “deep issue” with Jackson.
    Trell also said he continued discussions with an insurance broker about additional coverage to recoup AEG Live’s investment if the tour had to be canceled.

    Hours after Phillips sent the warning email, attorney John Branca, who later became co-executor of Jackson’s estate, offered to enlist a spiritual and substance abuse specialist to help Jackson, according to an email shown in court.

    On that same day, Phillips and others met with Jackson and Murray at the singer’s home.

    Hours later, Phillips sent an email to tour director Kenny Ortega telling him not to worry. Ortega had expressed grave concerns about Jackson.
    “This doctor is extremely successful — we check everyone out — and he does not need this gig so he (is) totally unbiased and ethical,” Phillips wrote.

    Panish called Phillips’ statement “a flat out lie” and asked Trell whether he agreed with it or if it signified how AEG did business. Trell said he didn’t know what Phillips thought he knew when he wrote the message.

    “I know this statement is not accurate, but you’d have to speak with Mr. Phillips about what he thought or meant in saying it,” Trell said.
    Phillips is listed as a potential witness in the case, and Trell said he expects him to testify later in the trial.

    Outside court, AEG’s attorney Marvin S. Putnam declined comment on the email or Panish’s characterization of it.

    Trell also said on Tuesday that no one at AEG supervised or monitored Murray, who was convicted in 2011 of administering a fatal dose of the anesthetic propofol to Jackson.

    Trell is considered the most knowledgeable person on numerous issues involving the shows, including contracts and Jackson’s health. He has not yet been questioned by AEG’s trial lawyers.

    Earlier in the day, Trell revised previous testimony in which he told jurors that tour director Ortega worked on “This Is It” without a contract.
    The lawyer said Monday that Ortega worked under an agreement forged through a series of emails but didn’t have a signed contract.

    On Tuesday, he told jurors he was mistaken, and Ortega did have a contract. The agreement was signed in April and included three pages of legal text and several pages of emails laying out the terms.

    Trell said he had been reminded of Ortega’s agreement by AEG’s trial attorneys.

    And in this article the same author is telling us not even half but a quarter of the truth only. Look at the title – “AEG spent $24mln on the show” But why don’t they tell us the full story then – that AEG expected all these millions to be returned by Michael Jackson? And that all of them indeed had to be paid back by the Estate?

    Even a bigger story behind all this scam is becoming clear from the tweets of ABC7 and TeamMichaelJackson. It seems that both so-called “Michael’s managers” who were on AEG payroll signed a sort of a declaration that Michael had agreed to cover the production costs. AEG needed those papers because they themselves had nothing from Michael to confirm this point. As I’ve said most probably Michael never agreed or at least wanted to split.

    The worst part of it is that AEG paid to Tohme to betray Michael on a daily basis but then included their expenses on Tohme into the production expenses to be covered by Michael!

    But Anthony McCartney (or anyone else in the media) seem to be blind and deaf to all this information.

    The matter of Murray’s salary included in the production costs and not Michael’s advances is also extremely important. If it had been included in his advances it would have been solely Michael’s business – AEG gives him advance and he spends it the way he likes it. BUT THEY WANTED TO CONTROL MURRAY and included his salary in the production costs. And now it is backfiring against them because Murray was on AEG’s payroll.

    Witness: AEG spent $24 million on Jackson concerts
    By ANTHONY McCARTNEY | Associated Press – Mon, May 20, 2013

    LOS ANGELES (AP) — An accounting executive for AEG Live LLC testified on Monday that the company spent $24 million producing Michael Jackson’s ill-fated “This Is It” concerts.

    The tally involved expenses compiled through October 2009, roughly three months after the singer’s death, said Julie Hollander, a vice president and controller of event operations for AEG Live.

    Hollander testified during the trial of a lawsuit filed by Jackson’s mother against AEG claiming the company was negligent in hiring the doctor later convicted in the death of the pop star.

    Budget documents shown in court indicated the company made no payments to the doctor, Conrad Murray.

    AEG budgeted $150,000 a month for Murray’s treatment of Jackson, but the singer died of an anesthetic overdose before he signed Murray’s agreement.

    Hollander said Murray’s contract was the only one she had ever seen in which an artist had to approve a contract for services on a tour. She believed Jackson’s signature was required because of the personal nature of the doctor’s services.

    In total, Murray was projected to receive $1.5 million in payments over the first few months of the “This Is It” tour, which was slated for 50 shows at London’s 02 Arena.

    Attorneys for Jackson’s mother are trying to prove that AEG hired Murray and missed numerous red flags about the pop singer’s health before his death.

    AEG denies it hired Murray and says it bears no liability for Jackson’s death.

    Hollander also testified that Jackson was responsible for 95 percent of production expenses if his comeback shows were canceled. Budget documents indicated the production was more than $2 million over budget.

    Hollander was the first AEG executive to testify in the lawsuit. The company’s general counsel Shawn Trell began testifying on Monday.

    Plaintiff’s attorney Brian Panish questioned Trell about a July letter sent to Jackson’s estate asking for more than $30 million in reimbursement, including $300,000 for Murray’s services.

    Trell said it was a mistake to include Murray’s payments as production costs.


  8. May 28, 2013 3:58 pm

    Helena, I can’t believe what I see when I read the tweets from the Gongaware testimony:
    Gongaware ordered his assistant to alter the look of MJ’s schedule so it looks like he’s not working so much. “Make it look to MJ as if he is not working too much.”
    It’s so incredible what they did to him.


  9. May 28, 2013 4:31 pm

    Guys, it is very late here so I won’t stay long, but here is what I’ve read of Paul Gongaware’s testimony from the ABC7 and TeamMichaelJackson tweets. Some are exceptionally interesting.

    Point 24 – just another reminder to us that before the Dangerous tour Michael had scalp surgery and was in much pain
    Point 28 – Gongaware was friends with Dr. Finkelstein for 35 years. He was doctor on the Dangerous tour together with the “insurance doctor” Dr. Forecast
    Point 35 – Gongaware said in a deposition that Dr. Finkelstein never told him about any treatment of MJ
    Point 31 – but in the same deposition had to admit that he knew that “MJ was occasionally treated”
    Point 37 – he says that when he was trying to sign Michael for the concerts he tried to be honest with him
    point 45 – but Panish reads his email where Gongaware wants MJ to think that he will make more money than in reality. To create the impression of a bigger income he suggests speaking of the Gross sum (with the expenses) and not the Net sum (the money MJ was to receive)
    point 23 – Gongaware was meeting Tohme and took notes of meetings with him
    point 58 – Gongaware suddenly says that they DID check out Dr. Murray. But if they did check him out they must have known that Murray was in deep financial trouble. So this was the doctor they wanted!
    point 62 – on January 5th they corresponded with each other and said that the final contract was taking too long, so “we need to get it done any way we can”. This takes us directly to their using the letter of intent instead of a real contract.

    point 71 – CRUCIAL POINT: “We will let Mickey know, THEN WE GO WITH HIM OR WITHOUT HIM”. So it does not really matter to them whether there will be a tour or there will be no tour. They will make their money either way.

    Point 66 – One more important point: AEG does not know “how many shows they can get out of Michael” but nevertheless set 50 dates! Of course they were setting them for Michael NOT to be able to make those concerts!

    Points 75-78 are absolutely mind-boggling! Gongaware sends instructions to his secretary to print the calendar of Michael’s dates in such a way that Michael DOES NOT NOTICE THAT HE HAS TO WORK TOO MUCH. This refers to the dates they set for every other day – they don’t want him to notice that he is to give a show with one day break only !

    Point 80 is incredible again. If the date is correct Randy Phillips is writing to Gongaware already on March 25, 2009 that they need to pull the plug! This was only 10 days after they announced the 50 shows! It was already at that moment that they were ready to cancel the shows and shift all the blame onto Michael.

    Here are the tweets before lunch:

    1 Court is back in session today. Please follow @TeamMichael777 for the most passionate and accurate reporting. TMJ
    2 Hello from the courthouse in downtown LA. Jackson Family vs AEG trial resumed this morning with AEG executive Paul Gongaware on the stand. ABC
    3 Before testimony began, a little spectacle outside the courthouse with a plane towing a banner saying “MJ Eyewitness Fans — Testify for MJ” ABC
    4 Throughout the trial, a dozen fans have been showing up every day to monitor the proceedings. No one knows who’s being the banner. ABC
    5 Katherine Jackson is accompanied by several of her children today: Janet, Rebbie and Randy. Only 1 was allowed to stay, and Janet was chosen ABC
    6 Defendants attorney told the judge they would like to limit the number of family member in the courtroom, since they are potential witnesses ABC
    7 Paul Gongaware is one of the defendants in the case. He’s an adverse witness called by the plaintiffs. ABC
    8 Gongaware is Co-CEO of Concerts West, part of AEG Live. He produced Prince’s tour in 2004. He has not promoted/produced tours since. ABC
    9 Gongaware was a CPA licensed in NY and Washington. He said he believes he’s still licensed but hasn’t checked status since there’s no need ABC
    10 Gongaware has toured with Beach Boys, Led Zeppelin and is currently on your with The Rolling Stones. He worked for Jerry Weintraub in 80s ABC
    11 Gongaware said he worked on Elvis Presley tour. Panish asked if Elvis died of drug overdose, and Gongaware said yes. ABC
    12 Gongaware replied to a condolences’ email on July 5, 2009: “I was working on the Elvis tour when he died, so I kind of knew what to expect.” ABC
    13 Gongaware testified he worked with another artist who had drug problems: Rick James. ABC
    14 Panish skipped around, asked about name Concerts West, assets. About working for Jackson 5, Gongaware said had no interaction with MJ ABC
    15 Gongaware worked on MJ’s Dangerous tour in 92-93. Panish said MJ made $100 million and donated it to charity. Gongaware said he didn’t know. ABC
    16 When Gongaware met Jackson was with Colonel Parker (Elvis’ manager) in Las Vegas. MJ wanted to meet the Colonel. ABC
    17 Gongaware explained the difference between being tour manager and managing the tour. He talked about MJ’s History tour, various legs, job ABC
    18 Panish: You knew that MJ had been to rehab during the dangerous tour? Gongaware: Yes, based on the statement he made after the tour ABC
    19 Gongaware said he never knew MJ was involved with drugs until after the end of the Dangerous tour. ABC
    20 Gongaware told LAPD he was aware of Jackson’s previous use of pills/painkillers but did not want to get involved. ABC
    21 Panish said Dr. Finkelstein testified under oath that Gongaware knew MJ had problems with painkillers before the end of Dangerous tour ended. ABC
    22 Panish: Do you dispute that? (Finkelstein testimony) Gongaware: I knew that he had pain ABC
    23 Gongaware said Dr. Finkelstein is his doctor and friend and that they talk off and on, but he doesn’t know specifics of the doctor’s depo ABC
    24 Dr. Finkelstein said he gave MJ painkillers after concert in Bangkok after Michael had scalp surgery. ABC
    25 Panish: Is your memory better today then at that time? Yes I’ve had time to review many docs since then TMJ
    26 Panish: Did you say you had had 30 meetings with your Attorney since your depo? OBJECTION TMJ
    27 Gongaware said he didn’t recall how many times he met with his lawyers after his deposition, but it was more than 10, less than 20. ABC
    28 You were aware MJ had two Doctors with him on Dangerous tour? How many years had you been friends with Finkelstein? 35 years. As of today? Yes TMJ
    29 Ski together, Dr Finkelstein’s brother worked with you? He worked for management 3. Did he work with you? Yes. TMJ
    30 In Gongaware’s video depo: Did you ever ask Dr. Finkelstein if he treated MJ during the Dangerous tour? He wouldn’t talk about that stuff ABC
    31 Another part of Gongaware’s video depo: He said yes, he occasionally treated Michael Jackson on the Dangerous tour. ABC
    32 Plays depos. Gongaware lying through his teeth. Depo played contradicting his replies.. TMJ
    33 Gongaware says Don’t know remember this letter whereas Melvyn OMyers made changes to Gongawares depo TMJ
    34 Panish: who signed these changes in your deposition? My lawyer, I must’ve signed it too it has signature page TMJ
    35 Panish: now it’s your testimony Dr Finkelstein did tell you about treating MJ, in your depo you said he NEVER told you TMJ
    36 Panish: was it big deal to get MJ on this tour? I would say so yes. Wasn’t Livenation No1 in the world? I believe they still are TMJ
    37 Panish: When you were trying to get MJ to sign up you were not always honest were you? I believe I was TMJ
    38 Panish: Were you always honest with MJ? Gongaware: I believe I was ABC
    39 Panish: Did you throw around numbers to trick Michael Jackson? Gongaware: I didn’t try to trick Michael ABC
    40 Panish: Did you hear Randy Phillips say AEG were trying to catch Livenation the 800lb gorilla? No TMJ
    41 Panish: lets show email. Gongaware says he’s not seen email of Phillps saying that, TMJ
    42 Plays demo. Gongaware in depo, now reading demo, Gongaware denies it same exhibit, but in depo, email to Meglan, Leiweke, TMJ
    43 Can’t remember sending or content TMJ
    44 Shows depo of next piece email says “net Mickey $110 mill. (Sorry goes back to deceiving MJ) TMJ
    45 Email shows AEG were trying to fool MJ into thinking he was going to make more then he was TMJ
    47 Panish: did anyone make changes in your depos except for your lawyer, did you make notes of changes you wanted to make? No. TMJ
    48 Panish: so you remembered in your mind every change you wanted to make in you depo, hundreds of pages? Yes. TMJ
    49 Lets go to first paragraph in this email, u say let’s play out O2 30shows then Berlin.. Around the world finish off in USA? That was B4 TII TMJ
    50 Shows anth email, ask if Gongaware remembers but he’s reading, did you send it? Don’t recall? Have you had ID theft? No TMJ
    51 This is to Phillips AEGLive CEO, we need to start at the fundamentals of hoe Livenations does it and how we should do it TMJ
    52 Panish: you took notes from Dr Tohme meeting? Don’t recall. You have on it “notes from Dr Tohme meeting” TMJ
    53 The difference between LN and us is we are artist driven, they are Wall st, We are completely honest in what we do TMJ
    54 Panish: your are honest/transparent in everything you do correct? Yes. If you were not it would not be good 4 Biz? Yes TMJ
    55 It goes on to say “We” who is “We”. It’s me. IT’S AEG CORRECT Sir? Yes. Then it says “We” know the problems, … TMJ
    56 .You mean you know about Michael Jackson’s problem with prescription medication? We knew a little, that was then TMJ
    57 Email reads from PG: We will not cost him his career, we will not make any mistakes, we will maximize it” TMJ
    58 Panish: Do you know why Phillips said “We check everyone out”? Well we did check the Dr out. So YOU DID CHECK HIM OUT TMJ
    59 Plays depo: Have you learned since that time if anyone conducted BG.check on Dr Murray? NO. DID RP? NO. LMAO TMJ
    60 Subject line ” Michael Jackson dates 02 TMJ
    61 Email: PG reading……. PG wrote but dont remember. Email to 02 arean & AEG London TMJ
    62 Last paragraph, Jan 5th 09. “Final contract taking too long, we need to get it done any way we can” TMJ
    63 Did you know about the “Bad” tour? Not everything. You know Wembly stadium, Is it Olympic etc., played? Don’t know TMJ
    64 You write MJ sold Wembly TEN TIMES OVER, how fast 02 sold out? Maybe 2hrs sold out 30 TMJ
    65 Panish: fastest selling in history of tours? Yes sir……….. TMJ
    66 Email: We don’t know how many shows we can get(out of MJ). No, at 02. Ok show next email: PG reading…. TMJ
    67 Did you write? Yes. Oh you remember this one? Yes. Subject: print out and copy. “To answer your question my fucking head is totally.. TMJ
    68 ..into all of this.. .. Go off ConcertWest when Tim gave me the word.. I need some Me time our play is not to back off, we let Mikey TMJ
    69 know just what this will cost him, we cannot be forced into stopping this, MJ will try to do because he is lazy TMJ
    70 Mind to fit his immediate wants…. Lets see what you said under oath b4 your meetings with your lawyer.. TMJ
    71 Plays depo. what did ou mean by this “We will let Mickey know, then we go with or without him” ? Don’t know TMJ
    72 What did you mean by this “We cannot be forced into stopping this bc MJ is lazy constantly changing his mind”? Don’t know TMJ
    73 You were worried? No. What did you mean by “to back off now will be a disaster”? It would have been a disaster for Michael Jackson TMJ
    74 Sir you wrote “us” ” to back off now would be a disaster for UD” did you send this to MJ? No. Did you send to his management? No TMJ
    75 Email. To Kelly PG assistant: fix side of premiere change the sides I don’t want it to stand out to much when MJ looks at it….. TMJ
    76 You were trying to make it look like to MJ that he wasn’t working too much? No. It reads, “Make it look like to MJ as if he’s not working too much TMJ
    77 Plays depo: lets go for email you wrote, fix sides for May, change color of show don’t want show to stand out too much, contrast with pale colors TMJ
    78 figure out so it looks like he’s not working so much. (MJ’s calendar) TMJ
    79 Make MJ calendar into thinking he wasn’t working too much? Don’t know. But it’s fooling MJ, why do that? Don’t know
    80 Email from Rrandy Phillips to Paul Gongaware 3/25/09 9.57pm. “we need to pull the plug now I will explain” what’s he referring to? Karen Faye TMJ
    81 Email Kenny Ortega to Paul Gongaware + Bugsy 3/25 subject. Karen Faye, MJ’s personal make-up, what’s this about? Karen Faye was RESTRICTING ACCESS to MJ TMJ
    82 Paul Gongaware: Karen Faye was displaying strong opinions about Michael Jackson. (Now for some lunch:-)) TMJ
    83 Janet Jackson. Randy Jackson and Rebbie are all here with their mother to show support, they are not allowed in cort @same time.Taking turns TMJ
    84 Mamma Jackson saw ALL of us with #TeamKatherineJackson shirts on, she smiled and said thank you. I didn’t go for a hug. Janet looked so sad TMJ
    85 Lunch break is almost over. More to come soon. ABC

    Please note that TeamMichaelJackson is providing much more information and ABC7 is unfortunately skipping the most crucial points.


  10. May 28, 2013 5:03 pm

    “Helena, I can’t believe what I see when I read the tweets from the Gongaware testimony:
    Gongaware ordered his assistant to alter the look of MJ’s schedule so it looks like he’s not working so much. “Make it look to MJ as if he is not working too much.” It’s so incredible what they did to him.”

    Susanne, I can’t believe it either though I myself suspected them of this scam. But over here it is so open and so deliberate, that it is indeed incredible.

    There is SO MUCH STANDING behind this short phrase. They knew the would not be able to work under so pressed a schedule. They set those dates so close to each other on purpose. They did not want him to notice that they were setting up a trap for him. They themselves know that this is really too hard work to do.

    It is indeed incredible.


  11. May 28, 2013 5:32 pm

    On june 20 2009 at Michaels Murray showed his true colours. You don´t need to be a top psychiatrist to know that when someone you want to to succeed, as the case was with Michael at that time, needs support and encouragement and needs to be listened to. And that changes may have to be made for that success to happen. Murray diligently followed AEG´s instructions re “tough love”. Which in this particular case amounted to psychological abuse. And of course they would never, ever call in an independent doctor, a top psychiatrist as KO had suggested. All their dirty secrets and devilish plans would have been revealed.
    Any ordinary person intuitively knows that such a situation calls for compassion and support.
    It is heartbreaking to think of MJ´s last week or weeks.


  12. May 28, 2013 5:45 pm

    Murray´s true colours and feelings were where the money came from.


  13. May 29, 2013 3:45 am

    This is William Wagener’s report on yesterdays’s Gongaware testimony:

    He apparently talked with the woman who is watching the trial for L.A.Times – who I guess is Corina Knoll, and told her a few things about the 2005 trial. Quite interesting.
    William is also already convinced that the Jackson’s will win the trial.


  14. May 29, 2013 6:47 am

    This is William Wagener’s report on yesterdays’s Gongaware testimony:

    Susanne, thank you very much. I am reposting it:

    William J. Wagener
    Los Angeles, Ca
    28May 2013 JACKSON v A.E.G. Live [or dead] FINAL REport of the day.


    Janet Jackson & Rebbie Jackson both came in with Katherine, but only one was allowed to stay, so Rebbie graciously left. Later after Lunch, Janet did not return and Rebbie took a seat next to mother Katherine Jackson.

    In the Morning session, witness, Atty. PAUL Gongaware, was confident, as the morning started. Jackson Atty. Brian Panish did not hammer Mr. Gongaware with what I thought he would, “So you refer to Mr. JAckson as a “freak”. NO, AND I THINK HE WAS SAVING IT FOR THE LAST THINK THE JURY HEARD, BUT AT 5 MINUTES TO 4PM JUDGE YVETTE M. PALAZUELOS WAS READING WHAT MR. PANISH WANTED TO GET ON RECORD to again for the 8th or 9th time force Mr. Gongaware to either outright lie, or state, “I don’t recall” meaning… “I , Paul Gongaware don’t recall AT THIS TIME, [ but maybe I will if you refresh my memory with my sworn video deposition ] later.

    By Lunch time , Atty. Paul Gongaware, for AEG LIVE, was not so confident, having been asked three ways, by Jackson Attorney, “YOU being a lawyer, know what signing UNDER OATH, under penalty of PERJURY means,?”

    Paul was very nervous. He clearly was not a trial attorney, and rarely had to go to court. In the afternoon session, he repeated, what was NOT asked. Paul said over and over, “my job is to get the show on the road”. And evasively avoided admitting that he did NOT or did review the financial reports that HE SIGNED and sent and received in emails . It was VERY embarrassing for Atty. Paul Gongaware, and all of us furious taking NOTES on our lap tops noted that his complexion had changed from pale calm and cool, to blushing pink and finally to bright red faced, like a little boy with his hand caught in the cookie jar … and he can’t deny its there, he can only say something like “I was counting the cookies” or in this case “getting the show on the road” “Doing whatever anyone else was NOT doing”. THAT still doesn’t explain all his evasive answers, and why it was obvious to me, and other media, that he was trying so hard to leave himself wiggle room, when caught in yet another lie.

    A lot of attention spent on nailing Mr. Gongaware to an exact number of “meetings” where dr. Conrad Murray was there, and who else, and health issues were discussed. Mr. Paul G. tried to down play it. Pretending Randy , he FRank Dileo and all were just there to “see if Dr. Conrad Murray, convicted of MJ death [ inadvertently, yeah right. Does anyone believe that?] had
    “everything he needed”.. … fact already in evidence, he had nothing but a flimsy inadequent finger pulse monitor and NON of the re-susitation Emergence Equipment that SHOULD have been there, including a Nurse to make sure MJ was never alone under Propofol.

    To be fair, I have to say, once or twice Atty. Panish did mis-state the testimony in hammering Paul. Objections were rightfully made by AEG’s Jessica What-is-her name, And Judge sustained most of those or dived into another “SIDE BAR” in the Judges chambers. Not as often as last Thursday, but enough to slow the trial.

    Clearly Mister Gongaware was looking for guidance and trying hard to conceal the fact he was being “helped”, by attys for AEG seated before and behind the bar [in the gallery] on the left side. PANISH made a point of asking the question and getting it on the record IN FRONT of the Jury. And the Jury was mostly wearing inverted smiles , especially the back row, which I could see this afternoon, because Court personel put me in the back row on the right side, where Katherine Jackson & Rebbie sit and most of the corp. Media.
    [ L.A. Times was watching via a oriental woman 7 months pregnant from the over flow room. she and I talked at the Lunch break on the 5th floor, and she found it ODD, that I was still on the Jackson saga, after 8 years, almost ten years since the Nov. 2003 announcement by D.A. of Santa Barbara snake Sneddon. aka as “Mad dog Sneddon”. I took a moment to tell her in 400 hearings and trials I have attended in the 13 years I have been doing my Comcast cable [local] TV show, I had never seen a more innocent Defendant slammed with “faked and fabricated” false evidence, and it spurred me for Justice sake to make sure someone reported the details, since the 2005 Corporate Media, mostly lied, and deceived people into thinking MJ was going to prison, while I did 10 TV shows explaining over the 5 months, that Michael was going to go free, … She the L.A. Times writer, said, you mean”corporate media, like the L.A. Times” lied? incredulous she was. I responded, “well not YOU , personally, but the corporate media was disgusting in 2005, and I am determined that MJ get justice, and that this case at least gets reported accurately as I can do it. It was ridulous that when I went to Europe in 2012 to talk to MJ fans, only those who came to the 2005 trial knew any details of that trial. MEDIA did a BLACK out on TRUTH in 2005. – – — So we will see what the L.A. Times, which also did NOT report the gross injustice done by crooked from head to toe, Judge Yaffee did to Atty. Richard Fine. [ See my YOUTUBE videos and Leslie Duttons coverage ]

    The Judge, Yvette M. Palazuelos commented on how HOT is was in the court room and atty. Panish said you just have to step in the hall way to feel cool.

    It was hot.

    Lots of IMPEACHED testimony, and lots of lap tops. I actually prefer the OVER FLOW Media ROOM , but you can not see the reaction of the jurors up on that floor. So I suffered through a hot afternoon. I killed my program that started playing music last week, and pulled the battery from my cell phone to make sure… no angels of tech, messed with me. LoL…

    One thing was bugging me and I got both atty. Brian PANISH and Atty. Kevin boyle to confirm what I was thinking. THEy STILL have not got an EXPERT to take the original HARD DRIVE of Frank Dileo’s lap top and check it …. to be sure NO relavant emails were missed, when Atty. David R. forwarded what he had. With Billions at stake, and literally the entire LIFE of AEG on the line, after seeing the Candy to the JURORs episode by AEG last week, it is NOT beyond conception, that AEG could have slipped a few $$ to Atty David, R. in Penn, to forget to send some “relevant” emails. This is NOT a stretch. BILLIONS are at stake, and no doubt “LIVE NATION” is happy as a thief stubbling into a room of forgotten gold and silver coins.

    What is increasingly clear to me, is that A.E.G. can NOT wiggle out of this trap of LIES they themselves are being forced to admit and IMPEACH their own words. JACKSON will WIN. More clear every day, and we have not yet seen the MOST damaging Emails…. I think.

    The questions is NOT whether the Jackson’s win . Clearly they will WIN.
    The Question is HOW much, billions or just Millions. It is rumored, I can not reveal the source, that Katherine offered to settle out of court for less than $5 million and was coldly turned down by top AEG management. I bet my shirt and pants, and even my WHITE HAT , AEG is VERY sorry they did NOT settle out of court, and give Katherine & Prince, & Paris, & Blanket $5 million… and a clause that they have to keep it secret. and they don’t have to admit anything publically. Too late, or is it.? I don’t think Katherine NOW will settle, but … under USA and California law, before the Jury finds them “Responsible for the Wrongful death of Michael Jackson” causing great pain to 3 children and a mother, not to mention brothers, sisters, Aunt Michelle Jackson, and many cousins, – – – AEG could STILL settle out of court, but I think we are now talking $100 million based on slander “Freak” by Paul Gongaware, and Pressure, and a lot of “I don’t recall” until the emails show for certain what they said and did secretly. But again, I think Katherine who has quietly suffered so much, will NOT settle out of court.

    Question is, will the Jury award $1,2,3, … 40 Billion or $100 million ?
    Either way if they collect it in less than 2 years it will free the Jacksons from the financial controls of the Estate Attorneys.

    I got to say, PaNIsh and Boyle are doing a good job for Katherine, who looked at me when she came back from lunch and smiled a recognition.
    I think the long week end was good for Katherine. She got some rest.

    Court starts at 9:30 Wednesday, and I will be here. NOt driving 150 miles back to Santa Maria tonight. Hope that helps many of you understand.

    I also hope that not only the Jacksons family wins but the public finally learns the truth about AEG and what they did to Michael. This matter should not be reduced to the matter of money only – it is a trial for justice for Michael and learning the truth!


  15. May 29, 2013 7:24 am

    Here are yesterday’s tweets from ABC7 and TeamMichaelJackson about Paul Gongaware’s testimony brought together into one summary:

    1 Court is back in session today. Please follow @TeamMichael777 for the most passionate and accurate reporting. TMJ
    2 Hello from the courthouse in downtown LA. Jackson Family vs AEG trial resumed this morning with AEG executive Paul Gongaware on the stand. ABC
    3 Before testimony began, a little spectacle outside the courthouse with a plane towing a banner saying “MJ Eyewitness Fans — Testify for MJ” ABC
    4 Throughout the trial, a dozen fans have been showing up every day to monitor the proceedings. No one knows who’s being the banner. ABC
    5 Katherine Jackson is accompanied by several of her children today: Janet, Rebbie and Randy. Only 1 was allowed to stay, and Janet was chosen ABC
    6 Defendants attorney told the judge they would like to limit the number of family member in the courtroom, since they are potential witnesses ABC
    7 Paul Gongaware is one of the defendants in the case. He’s an adverse witness called by the plaintiffs. ABC
    8 Gongaware is Co-CEO of Concerts West, part of AEG Live. He produced Prince’s tour in 2004. He has not promoted/produced tours since. ABC
    9 Gongaware was a CPA licensed in NY and Washington. He said he believes he’s still licensed but hasn’t checked status since there’s no need ABC
    10 Gongaware has toured with Beach Boys, Led Zeppelin and is currently on your with The Rolling Stones. He worked for Jerry Weintraub in 80s ABC
    11 Gongaware said he worked on Elvis Presley tour. Panish asked if Elvis died of drug overdose, and Gongaware said yes. ABC
    12 Gongaware replied to a condolences’ email on July 5, 2009: “I was working on the Elvis tour when he died, so I kind of knew what to expect.” ABC
    13 Gongaware testified he worked with another artist who had drug problems: Rick James. ABC
    14 Panish skipped around, asked about name Concerts West, assets. About working for Jackson 5, Gongaware said had no interaction w/ MJ ABC
    15 Gongaware worked on MJ’s Dangerous tour in 92-93. Panish said MJ made $100 million and donated it to charity. Gongaware said he didn’t know. ABC
    16 When Gongaware met Jackson was with Colonel Parker (Elvis’ manager) in Las Vegas. MJ wanted to meet the Colonel. ABC
    17 Gongaware explained the difference between being tour manager and managing the tour. He talked about MJ’s History tour, various legs, job ABC
    18 Panish: You knew that MJ had been to rehab during the dangerous tour? Gongaware: Yes, based on the statement he made after the tour ABC
    19 Gongaware said he never knew MJ was involved with drugs until after the end of the Dangerous tour. ABC
    20 Gongaware told LAPD he was aware of Jackson’s previous use of pills/painkillers but did not want to get involved. ABC
    21 Panish said Dr. Finkelstein testified under oath that Gongaware knew MJ had problems w/ painkillers before the end of Dangerous tour ended. ABC
    22 Panish: Do you dispute that? (Finkelstein testimony) Gongaware: I knew that he had pain ABC
    23 Gongaware said Dr. Finkelstein is his doctor and friend and that they talk off and on, but he doesn’t know specifics of the doctor’s depo ABC
    24 Dr. Finkelstein said he gave MJ painkillers after concert in Bangkok after Michael had scalp surgery. ABC
    25 Panish: Is your memory better today then at that time? Yes I’ve had time to review many docs since then TMJ
    26 Panish: Did you say you had had 30 meetings with your Attorney since your depo? OBJECTION TMJ
    27 Gongaware said he didn’t recall how many times he met with his lawyers after his deposition, but it was more than 10, less than 20. ABC
    28 You were aware MJ had two Doctors with him on Dangerous tour? How many years had you been friends with Finkelstein? 35 years. As of today? Yes TMJ
    29 Ski together, Dr Finkelstein’s brother worked with you? He worked for management 3. Did he work with you? Yes. TMJ
    30 In Gongaware’s video depo: Did you ever ask Dr. Finkelstein if he treated MJ during the Dangerous tour? He wouldn’t talk about that stuff ABC
    31 Another part of Gongaware’s video depo: He said yes, he occasionally treated Michael Jackson on the Dangerous tour. ABC
    32 Plays depos. Gongaware lying through his teeth. Depo played contradicting his replies.. TMJ
    33 Gongaware says Don’t know remember this letter whereas Melvyn OMyers made changes to Gongawares depo TMJ
    34 Panish: who signed these changes in your deposition? My lawyer, I must’ve signed it too it has signature page TMJ
    35 Panish: now it’s your testimony Dr Finkelstein did tell you about treating MJ, in your depo you said he NEVER told you TMJ
    36 Panish: was it big deal to get MJ on this tour? I would say so yes. Wasn’t Live Nation No1 in the world? I believe they still are TMJ
    37 Panish: When you were trying to get MJ to sign up you were not always honest were you? I believe I was TMJ
    38 Panish: Were you always honest with MJ? Gongaware: I believe I was ABC
    39 Panish: Did you throw around numbers to trick Michael Jackson? Gongaware: I didn’t try to trick Michael ABC
    40 Panish: Did you hear Randy Phillips say AEG were trying to catch Livenation the 800lb gorilla? No TMJ
    41 Panish: lets show email. Gongaware says he’s not seen email of Phillps saying that, TMJ
    42 Plays demo. Gongaware in depo, now reading demo, Gongaware denies it same exhibit, but in depo, email to Meglan, Leiweke, TMJ
    43 Can’t remember sending or content TMJ
    44 Shows depo of next piece email says “net Mickey $110 mill. (Sorry goes back to deceiving MJ) TMJ
    45 Email shows AEG were trying to fool MJ into thinking he was going to make more then he was TMJ
    47 Panish: did anyone make changes in your depos except for your lawyer, did you make notes of changes you wanted to make? No. TMJ
    48 Panish: so you remembered in your mind every change you wanted to make in you depo, hundreds of pages? Yes. TMJ
    49 Lets go to first paragraph in this email, u say let’s play out O2 30shows then Berlin.. Around the world finish off in USA? That was B4 TII TMJ
    50 Shows anth email, ask if Gongaware remembers but he’s reading, did you send it? Don’t recall? Have you had ID theft? No TMJ
    51 This is to Phillips AEGLive CEO, we need to start at the fundamentals of hoe Livenations does it and how we should do it TMJ
    52 Panish: you took notes from Dr Tohme meeting? Don’t recall. You have on it “notes from Dr Tohme meeting” TMJ
    53 The difference between LN and us is we are artist driven, they are Wall st, We are completely honest in what we do TMJ
    54 Panish: your are honest/transparent in everything you do correct? Yes. If you were not it would not be good 4 Biz? Yes TMJ
    55 It goes on to say “We” who is “We”. It’s me. IT’S AEG CORRECT Sir? Yes. Then it says “We” know the problems, … TMJ
    56 .You mean you know about Michael Jackson’s problem with prescription medication? We knew a little, that was then TMJ
    57 Email reads from PG: We will not cost him his career, we will not make any mistakes, we will maximize it” TMJ
    58 Panish: Do you know why Phillips said “We check everyone out”? Well we did check the Dr out. So YOU DID CHECK HIM OUT TMJ
    59 Plays depo: Have you learned since that time if anyone conducted BG.check on Dr Murray? NO. DID RP? NO. LMAO TMJ
    60 Subject line ” Michael Jackson dates 02 TMJ
    61 Email: PG reading……. PG wrote but dont remember. Email to 02 arean & AEG London TMJ
    62 Last paragraph, Jan 5th 09. “Final contract taking too long, we need to get it done any way we can” TMJ
    63 Did you know about the “Bad” tour? Not everything. You know Wembly stadium, Is it Olympic etc., played? Don’t know TMJ
    64 You write MJ sold Wembly TEN TIMES OVER, how fast 02 sold out? Maybe 2hrs sold out 30 TMJ
    65 Panish: fastest selling in history of tours? Yes sir……….. TMJ
    66 Email: We don’t know how many shows we can get (out of MJ). No, at 02. Ok show next email: PG reading…. TMJ
    67 Did you write? Yes. Oh you remember this one? Yes. Subject: print out and copy. “To answer your question my fucking head is totally.. TMJ
    68 ..into all of this.. .. Go off ConcertWest when Tim gave me the word.. I need some Me time our play is not to back off, we let Mikey TMJ
    69 know just what this will cost him, we cannot be forced into stopping this, MJ will try to do because he is lazy TMJ
    70 Mind to fit his immediate wants…. Lets see what you said under oath b4 your meetings with your lawyer.. TMJ
    71 Plays depo. what did ou mean by this “We will let Mickey know, then we go with or without him” ? Don’t know TMJ
    72 What did you mean by this “We cannot be forced into stopping this bc MJ is lazy constantly changing his mind”? Don’t know TMJ
    73 You were worried? No. What did you mean by “to back off now will be a disaster”? It would have been a disaster for Michael Jackson TMJ
    74 Sir you wrote “us” ” to back off now would be a disaster for UD” did you send this to MJ? No. Did you send to his management? No TMJ
    75 Email. To Kelly PG assistant: fix side of premiere change the sides I don’t want it to stand out to much when MJ looks at it….. TMJ
    76 You were trying to make it look like to MJ that he wasn’t working too much? No. It reads, “Make it look like to MJ as if he’s not working too much TMJ
    77 Plays depo: lets go2email u wrote, fix sides for May, change color of show don’t want show to stand out too much, contrast with pale colors TMJ
    78 figure out so it looks like he’s not working so much. (MJ’s calendar) TMJ
    79 Make MJ calendar into thinking he wasn’t working too much? Don’t know. But it’s fooling MJ, why do that? Don’t know TMJ
    80 Email from RP 2 PG 3/25/09 9.57pm. “we need to pull the plug nowI will explain” what’s he referring to? Karen Faye TMJ
    81 Email Kenny Ortega to Paul Gongaware + Bugsy 3/25 subject. Karen Faye, MJ’s personal make-up, what’s this about? Karen Faye was RESTRICTING ACCESS to MJ TMJ
    82 Paul Gongaware: Karen Faye was displaying strong opinions about Michael Jackson. (Now for some lunch:-)) TMJ
    83 Janet Jackson. Randy Jackson and Rebbie are all here with their mother to show support, they are not allowed in cort @same time.Taking turns TMJ
    84 Mamma Jackson saw ALL of us with #TeamKatherineJackson shirts on, she smiled and said thank you. I didn’t go for a hug. Janet looked so sad TMJ
    85 Lunch break is almost over. More to come soon. ABC
    86 Added by ABC7 sometime after lunch: ABC
    87 Panish elicited contradictory testimony asking over and over about Gongaware’s memory, how long he spent with lawyers to discuss testimony ABC
    88 On the Bad Tour MJ sold out 10 stadiums at 75,000 tickets per night. ABC
    89 Panish: That’s a pretty big number? ABC
    90 Gongaware: Huge ABC
    91 Panish: In 2 hours, how many tickets sold? ABC
    92 Gongaware: In initial presale we sold 31 shows ABC
    93 P: The fastest you had ever seen? ABC
    94 G: Yes ABC
    95 No one knows how many shows we can get with Mikey, said Gongaware. Panish asked about name “Mikey” – he said he used it occasionally ABC
    96 Email on 2/27/09 from Gongaware to Phillips: We are holding all of the risk, if MJ won’t t approve it we go without his approval ABC
    97 Email cont’d: We let Mikey know just what it will cost him in terms of him making money, and the(n) we go with or without him in London. ABC
    98 Email cont’d: We cannot be forced into stopping this, which MJ will try to do… ABC
    99 Email cont’d: because he is lazy and constantly changes his mind to fit his immediate wants. ABC
    100 People were aware at this point there would be a press conference. MJ wouldn’t show up at the conference, it’d cost money, Gongaware said ABC
    101 It wasn’t much risk at all, we hadn’t spent money, Gongaware said about that point of the tour. This was prior to news conference. ABC
    102 Gongaware said the situation in London, where they constantly referred to MJ as “wacko Jacko”, it would impact marketability to sell tickets ABC
    103 He doesn’t want to do this kind of things, but it was important to show MJ to the world if he wanted to do a MJ show, Gongaware explained. ABC
    104 Panish talked about an email Gongaware sent to his secretary asking her to change the color on MJ’s calendar. ABC
    105 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. ABC
    106 Panish: Did you wanted to change the color of the schedule to show MJ would not be working so hard? ABC
    107 Gongaware: Yes ABC
    108 Panish: Were you trying to fool him? ABC
    109 Gongaware: Nah, I wasn’t trying to fool him, I wanted to present it in the best possible light ABC
    110 Gongaware said it would be obvious when MJ would be working and not and he wasn’t trying to trick him. ABC
    111 After lunch:
    112 Panish: did you get to meet with your lawyers at lunch? No. You didn’t meet with your lawyers? No I was doing fine TMJ
    113 Who did you have lunch with? Shawn Trell… (And others I didn’t catch) TMJ
    114 We were talking about emails you said Mt Phillips pulling the plug referred to Karen Faye? I believe so TMJ
    115 Kenny told me he didn’t like Karen Faye there because she restricted access to Michael Jackson TMJ
    116 Did you remember that now and not at your depositions TMJ
    117 Lets play your deposition, lets see what you said about your ability to testify truthfully under oath.. TMJ
    118 “Are you sick, there is no problem with your memory?” Yes, I’m fine. Let’s see what you testified to then about these emails TMJ
    119 Plays video: looks to me we first have email from Kenny Ortega to you & Bugsy? Yes. Kenny Ortega starts out, I received few calls from Bugsy, have lots to share TMJ
    120 Appears you forwarded that to Randy Phillips, not sure what to say …. What did you mean by that? Don’t know TMJ
    121 Randy Phillips replied ” we need to pull the plug”. What did he mean? I don’t know. Did you have conversation with Randy Phillips? Don’t know TMJ
    122 Email on 3/25/09 from Phillips to Gongaware: We need to pull the plug now. I will explain. ABC
    123 Gongaware: I think he was referring to pull the plug on Karen Faye ABC
    124 We never talked about pulling the plug on MJ tour. Not that I recall, Gongaware testified. ABC
    125 Panish: Mr. Phillips wanted to pull the plug on the show, right sir? ABC
    126 Kenny wanted the pull because the way she (Faye) handled the situations, Gongaware explained. ABC
    127 She tried to control access to MJ and Kenny didn’t like that, Gongaware said. ABC
    128 Panish: Who was Mr. Ortega’s contract with, sir? ABC
    129 Gongaware: I don’t recall ABC
    130 Karen Faye expressed strong opinion that the tour as dangerous and impractical for MJ. ABC
    131 Katherine Jackson is wearing a floral jacket and Rebbie a white jacket. Janet is all in black and Randy is wearing a jeans jacket. ABC
    132 Rebbie was in the courtroom accompanying Katherine Jackson in the afternoon. Janet and Randy were seen at the courthouse still. ABC
    133 Panish asked about a chain of emails where Gongaware said the pulling the plug refers to Ms. Faye. “I believe he was,” Gongaware repeated. ABC
    134 It’s her (Faye) strong opinion this is dangerous/impractical with MJ’s health/ability to perform ABC
    135 Email on 3/25/09 from Gongaware to Phillips: Randy responded: “We need to pull the plug now. I will explain.” ABC
    136 Response from Gongaware to Phillips: Not sure what to send back… ABC
    137 Gongaware said in depo he had no idea what Phillips meant. He said he didn’t recall Phillips saying they needed to pull the plug on the tour ABC
    138 I thought he was in good shape at the press conference, I was there, Gongaware said at the deposition. ABC
    139 Gongaware was at O2 arena and Phillips was with MJ. “MJ was late, Randy was saying I’m trying to get him going, I’m trying to get him going” ABC
    140 Panish: Did Randy tell you MJ was drunk and despondent? ABC
    141 G: No, not drunk and despondent. Just said he was having hard time getting him going ABC
    142 Did you get call about MJ at press conference? What do you mean. Well MJ wasn’t well? He was in fabulous shape (when) I was in London TMJ
    143 MJ was unwell don’t you recall? Yes MJ had probs getting going. Did you know MJ was drunk? He was not. TMJ
    144 Were you at rehearsals? Not very much I was busy TMJ
    145 Do you know who Dr Murray was? Yes, I said hello to him once, just a hello at Forum, don’t recall if he replied TMJ
    146 As to Dr. Conrad Murray, Gongaware said there was 1 rehearsal he said hello to him. “It was basically a hello, on the floor at the Forum.” ABC
    147 Mikey asked me to retain him for Michael Jackson, Gongaware said about Dr. Murray. “I never hired him.” ABC
    148 Panish: Is Mr. Phillips a good friend of yours? ABC
    149 Gongaware: I work with him ABC
    150 Panish played interview of Phillips to SkyTV after MJ died: ABC
    151 The guy is willing to leave his practice for large sum of money, so we hired him ABC
    152 Gongaware said MJ did not have any illness that he knew of. ABC
    153 I was told Michael wanted him as his doctor for the show, Gongaware said. ABC
    154 Gongaware: He had taken a physical, he passed the physical and from what I understand there was nothing wrong w/ him. Maybe some hay fever ABC
    155 Panish: Do you know what his blood test showed? ABC
    156 Gongaware: It showed it was good?! ABC
    157 Gongaware said he received email from Bob Taylor that everything was fine and that MJ had passed the physical. ABC
    158 Gongaware said he never saw the results of the tests and doesn’t know who saw them. ABC
    159 Panish: First you said how much did you want? (to Dr. Murray) ABC
    160 Panish: He said he wanted $5 million, right? ABC
    161 Gongaware: Yes ABC
    162 Gongaware: That’s what he said. He said he had four clinics he would have to close, he would have to lay people off. ABC
    163 Gongaware said Dr. Murray had been MJ’s personal doctor for the past 3 years. He said he did not know how many times MJ had seen the doctor. ABC
    164 MJ insisted on him, recommended him, and that was good enough for me, it was not for me to tell MJ who his doctor should be Gongaware said ABC
    165 When Panish asked if MJ would get anything he wanted, Gongaware said he tried to make sure he (MJ) had what he needed to do his job. ABC
    166 Gongaware said he could’ve told MJ to hire the doctor himself. “He wanted a doctor and I wanted him to be healthy for this tour” ABC
    167 Dr. Murray said he wanted more money, but Gongaware testified he told him the offer came directly from the artist and Dr. Murray accepted it ABC
    168 I think he was willing to accept anything that MJ offered, Gongaware opined. ABC
    169 We agreed on what the compensation was going to be, but there were a lot of issues to be resolved, Gongaware said. ABC
    170 Gongaware said he recalled meeting with Dr. Murray where he was told the doctor was going to take care of the medical licensing in London. ABC
    171 He said he was going to need some equipment and an assistant, Gongaware said Dr. Murray told him. ABC
    172 You were asked to hire CM? Michael asked me to get him for him. So you hired CM? I didn’t hire him TMJ
    173 Have you seen video of Randy Phillips saying about CM “we hired him” play the video. OBJECTION Overruled. TMJ
    174 Why do you keep looking over at your attorneys? There is a screen in the way. Do you want us to move it? No it’s ok TMJ
    175 Is this Randy Phillips the CEO? Yes. He’s standing in front of the AEG sign, it that your building? Yes TMJ
    176 This is interview on July 5th 09. Before any lawsuit, he’s your boss? Yes. Conrad Murray wanted $5million & you called him? TMJ
    177 Michael asked me to call him. DID you call him, yes or no? Yes. Did you know he was a physician, MJ asked me to get him TMJ
    178 What ailments did MJ have for a physician? Nothing, he passed a medical. What test did they do? I don’t know TMJ
    179 You started talking to Conrad Murray before the medical? Yes. Did ANYONE See that report? No. Anyone? No. TMJ
    180 Did you know what Dr Murray’s speciality was? No. Why didnt MJ’s manager call him? MJ wanted me to call TMJ
    181 Did CM have any clinic? Yes, in Vegas, San Diego,Houston, and one other. Did you ever check up on that? No TMJ
    182 PG: Michael Jackson wanted him. Panish: When Conrad Murray said he wanted $5million you hung up on him? That’s not true TMJ
    183 Panish: you said to Murray I am authorized to offer you $150,000 per month. He wanted more but you cut him off? Yes TMJ
    184 Didn’t that concern you? No. It went from $5mill to $150,000 done deal and it didnt concern you? Well we had others to sort out TMJ
    185 Did you ask CM if he was licensed to work in London? He said he would take care of it. Murray told you many times he would take care of it.. TMJ
    186 .. including MJ’s health? No. Lets play your depo. In depo Gongaware says CM DID say “don’t worry about it” TMJ
    187 Did CM tell you he needed equipment? Yes, for London. Did YOU ask CM if he needed anything? No, he said he would need+assistant TMJ
    188 Gongaware and Timm Wooley are longtime friends. They are currently working on The Stones tour. ABC
    189 Gongaware said he negotiated the price for Dr. Murray, but didn’t negotiate the contract. ABC
    190 Gongaware explained that he didn’t do the negotiation, he would normally refer that to Wooley. ABC
    191 Panish showed video deposition of Gongaware and a declaration he signed about a month before giving the depo. They contradict themselves. ABC
    192 Do you know Mr Woolley? Yes. Is he a good friend of yours? Yes. You are working together right now on Rolling Stones? Yes TMJ
    193 Did you negotiate a price for Conrad Murray? Yes. You testified under oath about the negotiations? Yes TMJ
    194 Plays depo. “Did you negotiate price with Conrad Murray? NO. Sir you did negotiate or didn’t? Well seems I didn’t TMJ
    195 Do you know what it means to be under oath????? Yes. Why don’t you read that. PG reads…. I swear under penalty of perjury….. TMJ
    196 I declare under penalty Of perjury the foregoing, I swear to tell the truth the whole truth.. What does that mean. TMJ
    197 WERE YOU TELLING THE TRUTH THEN OR NOW?????? I think I misunderstood the question,, TMJ
    198 Can you read. ” I , I, I under penalty of perjury, ” I of AEG took part in negotiating the pay for Dr Murray TMJ
    199 Between the first call re:$5mill & $150.00 you called another Dr didn’t you? Yes. Your friend? Yes TMJ
    200 Play depo. Sir did you ,,, TMJ
    201 Did you call him once or twice? Once. Didn’t you call him twice? I don’t think so… TMJ
    202 Have one convo or two? I only remember one. DEPO PLAYS: says “I only made one phone call. If Finklestein says it was 5/6 times.. TMJ
    203 Did you refer to Finklestein as “Stewy”? Yes. Is there any reason Dr Finklestein would lie? I have no idea TMJ
    204 Were you calling Conrad Murray in your capacity as producer of the show? No. Are you sure sir? Yes TMJ
    205 Plays Depo: at the time you made first call to Murray, what was your role? A was putting together the show. So you were producer? Yes TMJ
    206 Then you called Dr Finklestein? Yes. Did And Dr Finklestein said a fair price for MJ would be $40,000pm? Yes TMJ
    207 Did you ask him to work for MJ? No. Are you certain? He would’ve liked to but I didn’t offer him the job TMJ
    208 What did you do with the price for Dr Ficklestein? Nothing. Just like the changes in your depo, you kept all the changes in your head. Laughter court TMJ
    209 Panish: did Finkelstein ask u if MJ was clean? I don’t recall that. Did Finkelstein say he wouldn’t take job if MJ was nt clean? Don’t recall TMJ
    210 Dr. Finkelstein and Gongaware have been friends for 35-plus years. ABC
    211 Gongaware said he never offered Dr. Finkelstein the job of being MJ’s doctor and said the doctor would be mistaken if he testified otherwise ABC
    212 Gongaware told the jury he called Dr. Finkelstein to ask what a fair price for a tour doctor would be. Doc told him it was $10,000/week. ABC
    213 As to Dr. Finkelstein wanting to be the tour doctor, Gongaware said he didn’t recall specifically, but knew he wanted it. ABC
    214 After his death we hay have talked, but I don’t recall specifics, Gongaware said. ABC
    215 Gongaware said he sees Dr. Finkelstein a few times a year, but MJ’s subject never came up. ABC
    216 Panish asked Gongaware if Dr. Finkelstein wanted to know if MJ was clean and using drugs. Gongaware said he didn’t recall the conversation . ABC
    217 SIDEBAR,,,, TMJ
    218 You were in charge of firing MJ’s staff. Objection.. Overruled. Didn’t you fire MJ’s nanny? YES TMJ
    219 You sir could hire and fire anyone? No.. Objection overruled TMJ
    220 Who is Grace Rwamba? I just informed her, her services were no longer needed. MJ did not want to retain her any longer TMJ
    221 Panish: You were involved in terminating one of the nannies who took care of MJ’s kids? TMJ
    222 Gongaware: Yes TMJ
    223 Gongaware told nanny Grace Rwamba that her services would not be needed anymore because AEG was cutting down on MJ’s expenses. TMJ
    224 Sir you could’ve fired Dr Murray? NO. Sir have you seen CM contract? No, I don’t think so. TMJ
    225 I never read the contract, I was there when Michael signed it, but didn’t see what was in it, Gongaware said. ABC
    226 Doctor Murray was 100% Michael’s cost, Gongaware said. ABC
    227 Based on the contract, Gongaware said 95% of the production expenses were MJ’s responsibility, 5% AEG. ABC
    228 95% was paid by MJ. AEG would pay 5%? No that’s not true. MJ was 100% responsible for Conrad Murray TMJ
    229 Dr Murray expenses were listed as production cost? Ahh DUH don’t know. What is this document? The production cost TMJ
    230 Panish: Who decided there was a need for a written contract with Dr. Murray? ABC
    231 Gongaware: I don’t know ABC
    232 Gongaware said that if tour went forward, Dr. Murray would’ve made $1.5 million for 10 months. Ortega would’ve made almost that. ABC
    233 I didn’t do anything to check his background. He was MJ’s doctor and that as good enough for me, Gongaware testified. ABC
    234 Panish asked Gongaware if he approved budgets for April-July including Dr. Murray as production expense. ABC
    235 It’s my job to get that show on the road, Gongaware said. ABC
    236 He said he didn’t know which budgets he approved. ABC
    237 Gongaware said he had to know how much the production had spent on any given time, but didn’t have time to read the budget. ABC
    238 This has your name, you approved these cost for KF, CM, MB housing in London? This was moving fast, we would’ve had final total TMJ
    239 Paul Gongaware: Budget is different to us, it changes all the time. Sir see paragraph 9 in the prelim info.”I said to Mr Wooley please gather prelim info” TMJ
    240 Panish: whose decision was it that Conrad Murray + AEG should have a contract? I don’t know. CM earned more than Kenny Ortega? TMJ
    241 Not really, KO would’ve have got more. You did nothing to check out CM? No he was MJ Dr for over 3yrs. TMJ
    242 Did you do anything to determine if CM was in financial hardship? No he was MJ’s doctor. Sir you have told me that 10 times already TMJ
    243 Plays depo: have you seen production budget for TII? Sure. Did you see $150,000 for CM? No it’s not there TMJ
    244 Sir you had chances to change your deposition, why didn’t you change this statement? I learned this recently TMJ
    245 You approved those budget for May, June! July? Blah, blah, blah. Panish: Move to strike your honor, unresponsive Sustained TMJ
    246 Judge: listen and answer the question!!!! TMJ
    247 Did you see you attorney during the break? Yes, we went to the bathroom together. Is Mr Tad Allen your attorney? My attorney is Mr Putman TMJ
    248 Shows budget to PG. can you see that? No, it’s a budget&projection. Ok, this was prepared Feb 09, we had no expenses TMJ
    249 These are the expected expenses, not necessarily the actual expenses. Why does it have “Tohme gone”? TMJ
    250 I don’t understand this, I don’t have enough information. Ok, fair enough? Objection we need to see the entire document TMJ
    251 Judge: do you have the entire doc? Panish: this is from Mr Gongaware. Resolved, next doc on screen TMJ
    252 Whose name is that Sir, who produced it? *Laughter in courtroom* that would have to be me. But I can’t see it. TMJ
    253 Gives witness paper copy to read… Panish: when you are ready let me know….? Ok TMJ
    254 This a comparison, correct? It comparing our cost as opposed to the first doc. See the increase in management med $300,000 TMJ
    255 Who would’ve got paid that amount? I don’t know. Who else was giving management med at the tour? I don’t know TMJ
    256 Was it your job to approve budget? I don’t know. What was your job? I don’t know, whatever anyone else was not doing TMJ
    257 Who approved budget? I don’t know, someone in the back of the building probably did it TMJ
    258 Are you good at your job? Very good. Is that because you have a CPR? I don’t know. How many meetings did you go to MJ home? Don’t know TMJ
    259 Panish: Do you think you’re good at your job, sir? ABC
    260 Gongaware: I think so ABC
    261 Panish: Very good? ABC
    262 Gongaware: Yes ABC
    263 Gongaware said he doesn’t remember how many meetings he attended at Carolwood house. He didn’t recall a meeting where a vase was broken. ABC
    264 There was a meeting where he signed the contract, Gongaware recalled, saying there were more but he doesn’t remember specifics. ABC
    265 At the meeting in early June, Gongaware he was present along with Kenny, Randy, Frank DiLeo, Dr. Murray and Michael. ABC
    266 The meeting was about making sure MJ and Dr. Murray had everything they needed to care for Michael, Gongaware explained. ABC
    267 Yes, we did talk about health-related issues, Gongaware said.” It was more a general meeting about what Dr. Murray would need.” ABC
    268 As to the June meeting, Gongaware said Michael Jackson was a little off. “He was just coming back from visiting Dr. Klein,” Gongaware said. ABC
    269 I believe he was under the influence of something, Gongaware said. Meeting was about Michael and what he needed for the tour. ABC
    270 Health issues were discussed at the meeting and Dr. Murray was there, Gongaware admitted. ABC
    271 Gongaware told the police the topic of the meeting was Jackson’s overall health, i.e., diet, stamina and his weight. ABC
    272 Judge Yvette Palazuelos adjourned session for the day. Trial resumes tomorrow at 9:45 am PT with Gongaware on the stand. See you then! ABC
    273 How many meetings did you go to at CarolWood? I don’t know. Was vase broken at any meeting you were at? I don’t know TMJ
    274 Were you at any meeting? Yes one. When was it? Early June? I don’t know. 1st week in June? Don’t know TMJ
    275 Who was there Conrad Murray? Yes, sir there were many meetings, I can’t remember. So now you remember more then 1 now? Yes TMJ
    276 List for me all the other meetings you recall at MJ’s house? There was one when he signed the contract. That was 1/28/09 TMJ
    277 I don’t remember the specifics of any other. Other the contract signing you only remember one other meeting? I don’t recall TMJ
    278 That meeting, did you learn MJ had a slurred meeting? Yes. So you saw him that way weeks before he passed away? Yes TMJ
    279 You saw Michael Jackson slurring at a meeting? Yes. During that meeting it wasn’t to discuss MJ’S overall health? TMJ
    280 Paul Gongaware: we wanted to make sure MJ was getting everything he needed. Who was there? Frank Dileo, Randy Phillips, Conrad Murray, Paul Gongaware, Michael Jackson TMJ
    281 At the time of that meeting was it your understanding MJ was rehearsing at home with Travis Payne? I don’t recall. TMJ
    282 Was Michael Jackson’s health problems discussed? His overall care was discussed TMJ
    283 It’s is your statement you gave to LAPD. Gongaware attended meeting discussing Jackson’s overall health… TMJ
    284 …Jackson had missed rehearsals was dancing at home” No, the LAPD have it wrong…. WOW,, ADJOURNED TMJ
    285 Juror wants morning off so court starts at 1.30 on Thursday… Have a great evening everyone TMJ

    All this time TeamMichaelJackson have been doing a terrific job, but quite understandably their human, physical and financial resources are limited.


    If any one can help PLEASE DO! We do need the transcripts!


  16. May 29, 2013 4:48 pm

    Here is today’s continuation of Gongaware’s testimony. First come the ABC7Court News tweets followed by TeamMichaelJackson’s tweets.

    Gongaware says he doesn not remember what he meant when he wrote an email about “reminding Murray what is expected of him”. The part about this of his emails would be hilarous if it were not tragic as it is directly connected with Michael’s death.

    Judging by Gongaware’s email about “it being a nightmare” dated May 5, 2009 the big trouble between Michael and AEG never ceased once it began in March when the concerts were announced. I thought that the main crisis was at the end of May but it seems it never stopped since Michael fired Tohme.

    Instead of reacting to everyone’s signals about Michael’s deteriorating health Gongaware put into Michael’s dressing room a certain Mr. Laughner, evedently to control him. In the earlier testimonies we heard that Michael was worried about the presence of that person – he could not understand what he was doing in his room.

    All throughout Gongaware’s testimony impeachment was the key word hanging in the air [‘Impeachment is the act of proving a witness is not credible due to inconsistent statements or other conflicting evidence’]. In fact Gongaware’s evasiveness and lies are seen with a naked eye:

    ABC7 Court News

    1 Hello from the courthouse in downtown LA. We’re waiting outside the courtroom waiting to be let in for Day 19 of Jackson Family vs AEG trial
    2 Trial was supposed to begin 10 minutes ago, but Judge Yvette Palazuelos is hearing other cases.
    3 AEG’s Co-CEO Paul Gongaware is set to resume testimony. This will be his second day on the stand and he’s expected to take all day again
    4 Gongaware’s testimony yesterday covered several areas and was confusing at times. I believe the tweets reflect that. 😉
    5 Several Michael Jackson fans are in the hallway waiting. We’re told it will be at least another 30 minutes before trial resumes.
    6 Judge Palazuelos has one more case and two ex parte (emergency) to hear before trial can resume. Busy morning so far.
    7 AEG’s Gongaware is in the hallway. Shawn Trell also present, chatting with his attorneys. Jacksons attorneys here, but no family members yet
    8 Katherine Jackson and daughter Rebbie just entered the courtroom. We’re still outside waiting to get in.
    9 Katherine is wearing a navy blue jacket and Rebbie is wearing a black and white dress with black jacket.
    10 Brian Panish resumes questioning of AEG’s Paul Gongaware. Plaintiffs called him as adverse witness.
    11 My understanding Michael Jackson is a party (to the contract), Gongaware said about Dr. Murray’s contract. He said he never saw it, though
    13 Panish: Why did AEG have to enter into a contract with Dr. Murray?
    12 Gongaware: I don’t know
    14 About AEG terminating Dr. Murray, Gongaware said he didn’t believe they could do it, because he was Michael’s doctor.
    15 Gongaware said it was fair to say he didn’t know why AEG would enter into a contract with a doctor for Michael Jackson.
    16 Panish asked Gongaware if MJ negotiated the price/contract with Dr. Murray. “I believe he did through me, he instructed me what to offer”
    17 Gongaware said he didn’t know for sure whether Karen Faye was an independent contractor or not.
    18 Dr. Murray would’ve been 100% charged to Michael Jackson, Gongaware testified.
    19 Gongaware said he didn’t know what the $300k budgeted for medical management was for.
    20 Panish tried ‘impeaching’ Gongaware, which is the process of calling into question the credibility of an individual who’s testifying.
    21 Yesterday and today the plaintiffs’ attorney would ask a question then play parts of the deposition to catch Gongaware in contradiction.
    22 Gongaware told the jury he was concerned in getting MJ involved and focused, engaged mentally.
    23 I believe that was Kenny’s concern, that he wanted him to be focus, Gongaware explained.
    24 MJ had gone before without rehearsing, Gongaware recalled. “When he got to London, MJ was going to be sensational.”
    25 Gongaware said Dr. Murray didn’t discuss with him MJ’s sleeping problems. In his deposition, Gongaware said he didn’t remember.
    26 Panish asked Gongaware what made him remind that Dr. Murray didn’t talk to him about MJ’s sleeping problems; example of impeaching witness
    27 I don’t know way he was on, he was a little off, Gongaware said, adding that he didn’t know what kind of drugs Dr. Klein was giving MJ.
    28 Obviously I was looking for a nutritionist for him, but I wasn’t involved in his nutrition, Gongaware said.
    29 Panish played Gongaware’s deposition where he said he was not involved in finding a nutritional person.
    30 Gongaware explained he believes nutritional person and nutritionist were not necessarily the same.
    31 On June 15, 2009, Gongaware sent and emai to Ortega in response to request for nutritionist and physical therapist for MJ.
    32 Email: We’re on it. AEG owns major sports teams in this market so we think we can find the right people quickly.
    34 Kenny responded:
    33 Not a minute too soon. Let’s turn this guy around!
    35 Gongaware testified he remembers someone named David Loughner working with MJ. Panish pointed out Laughner is Randy Phillips’ friend.
    36 I don’t know if he was a nutritionist, it was someone in charge of making MJ eat, Gongaware explained.
    39 Gongaware: He’s a guy who’s dealt with artists quite a bit
    38 Panish: Artists in trouble?
    37 Gongaware: Artists in general
    40 Gongaware said he doesn’t know what Laughner did, but he’s seen him working with JLo and Enrique Iglesias.
    41 Gongaware didn’t know why MJ would need a nutritionist when he had a doctor hired. “Kenny asked for it,” Gongaware explained.
    42 He said Michael Jackson had always been thin.
    44 Gongaware said he told Dr. Murray he wanted him to have everything he needed.
    45 Gongaware said he didn’t attend rehearsals frequently. “I was at the rehearsal facility at all the times but I wasn’t in the arena much.”
    46 We were always concerned about MJ’s health and well being, Gongaware explained, saying he was responding to Kenny Ortega’s requests.
    47 Gongaware said Kenny Ortega was responsible for keeping an eye on everything, including MJ and his health.
    49 Panish: Do you think Ortega was overreacting?
    48 Gongaware: Perhaps. I knew that when house lights went up, he was going to be there
    51 Panish: You think Ortega was overreacting when raised concerns about MJ’s health?
    50 Gongaware: I think I wasn’t concerned as he was
    52 Talking about the email Gongaware wrote saying he wanted to remind him (Dr. Murray) that it’s AEG, not MJ, who’s paying his salary.
    53 In his deposition, Gongaware said he didn’t know what he meant to say in the email.
    54 Gongaware testified he spent some of the time himself looking at this email, putting it in context with the rest of the material he had.
    55 Panish: After meeting with your lawyers and talking about an hour or two about this email, did you refresh your memory what you meant?

    56 I did come to conclusions a lot on my own, then I discussed it with my attorneys, Gongaware explained.
    59 Gongaware: After you go through you remember the facts
    58 Panish: You didn’t have psychotherapy to refresh your recollection?
    57 G: No
    60 I still don’t recall writing it, Gongaware said, “I don’t recall writing it, but I admit I wrote it.”

    61 Panish went through every word of the email, which was to Kenny Ortega and Frank DiLeo.
    63 Panish: You’re referring to Dr. Murray and what’s expected of Dr. Murray, right?
    62 Gongaware: Yes
    64 We did talk about Dr. Murray’s salary, but a deal was never consummated, Gongaware said.
    65 His responsibility was to take care of his patient, Gongaware said about Dr. Murray.
    66 Panish asked if he thought Dr. Murray knew what his responsibility was, so the need to remind him what’s expected of him?
    67 This thing was shorthand between me, Kenny and Frank, Gongaware explained.
    68 He said he should’ve been more careful choosing his words. He claimed he was referring to Kenny’s email re nutritionist, physical therapist
    69 I certainly feel Dr. Murray should be competent to do that (be a nutritionist). He’s a doctor! Gongaware testified.
    70 Panish asked why Gongaware thought they needed a nutritionist when they had a doctor hired. “Kenny asked for one,” he responded.
    71 If MJ were signed the contract and if MJ would’ve instructed us to pay him, we would’ve pay him, Gongaware said about Dr. Murray.
    72 I was writing in shorthand, Gongaware explained the email.
    73 Here’s the email: Frank and I have discussed it already and have requested a face-to-face meeting with the doctor, hopefully Monday.
    74 Email cont’d: We want to remind him that it is AEG, not MJ, who’s paying his salary. We want him to understand what’s expected of him.
    75 Email cont’d: He’s been dodging Frank so far.
    76 Michael didn’t like to rehearse, it didn’t surprise me, Gongaware expressed, saying it was known that MJ didn’t go to rehearsals.
    77 In May, Gongaware sent an email to Tim Leiweke’s secretary, Carla Garcia, asking her to pray for him, since everything was a nightmare.
    79 Email on 5/5/09 from Gongaware to Carla Garcia:
    78 Pray for me. This is a nightmare.

    80 Email cont’d: Not coincidentally, I have them now every night. Cold sweats too. Life used to be so much fun…
    81 Carla is an absolute babe, I was trying to chat her up, Gongaware explained.
    82 I wasn’t trying to hit on her. I don’t have cold sweats, I don’t have nightmares, I sleep great! Gongaware said.
    84 Panish asked him if he was lying in the email, white lie?
    83 Gongaware: Let’s just say I was joking
    86 Panish: You ask people to pray for you joking?
    85 G: I did there
    87 We’re currently on lunch break. Trial should resume shortly with more Gongaware on the stand.

    TeamMichaelJackson :

    1 According to Gongaware he has NEVER discussed this case with Phillip Anschutz yet he met with Tohme Tohme just two months ago. Really!!! RT
    2 “We are heading tn LA stayed tuned for LIVE reporting only MJFAM bringing you ALL the facts
    Sitting in corridor outside court, Gongaware & Trell are to the left with their attorneys, Panish and Boyle to the right, we fans in the middle
    3 Just heard we are going to be waiting another 30 minutes for #Jackson V AEG case to begin, Judge hearing another case right now.
    4 Ok, here goes, ,,, stay tuned..
    5 Sir did you meet with your attorneys to have you refresh? Yes. How much time last night? Half hour.
    6 Did it help refresh your memory? No, my memory is fine.
    7 Yesterday you said who are we to fire Murray? Yes sir. Who are AEG to hire CM? We didn’t, MJ did
    8 There were three parties to the contract, who is AEG to enter into contract with CM? I have no idea
    9 Why did AEG enter into contract with Dr Murray? I don’t know. You were going to pull the plug on KF? She was employee of tour
    10 So was Dr Murray, you have never seen CM’s contract have you? No. Have you seen KF contract? No
    11 Is it fair to say you dont know why AEG would enter into contract with Murray? Yes I agree
    12 You said Phillips email referring to “pull the plug referred to Karen Faye”. I believe so. She was with MJ 30yrs? Yes
    13 Was Faye an independent contractor or an employee? I don’t know. & you put CM in the production cost? I…
    14 Believe that related to housing. But sir that payment was titled Medical Management? Yes. Why was that? Don’t know
    15 What does “engaging” mean? I don’t know please play depo..
    16 Depo: do u recall a meeting at CarolWood , u wanted to get Murray engaged so he could help MJ? Putnam we would…..
    17 Like to clarify depo has been changed since, it was to engage MJ.
    18 Panish to Gongaware, previously you said it related to the contract? No, I misunderstood that question
    19 What does engaged mean to you? Being more focused. Where u concerned bout MJ? No, I knew once the lights went out in London
    20 But he didn’t make it to London, did he? No. Sir was CM talking bout MJ’s health? No, it was general meeting.. Ok let’s play depo
    21 Depo: and at that meeting CM was discussing with u MJ health? Not with me, with the group.
    22 Who was the group? Randy, Kenny, frank. So at the meeting he was discussing MJ’s health? Yes, nothing personal, but his health
    23 Did anyone talk about MJ’s sleep problems? No. Ok let’s play depo.. In depo PG said he didn’t recall, nw he is certain
    24 Do you recall if issue of MJ sleep was discussed? I don’t recall. Sir this was what you you said then,you remember now but not then? Yes
    25 What has helped you to be more clear now then then? Well I reviewed some docs, it took me back there helped me remember
    26 Have you ever testified you have never had anything to do with MJ’s nutritional needs? I don’t recall. Lest read ur depo
    27 Depo: do u recall ever looking for a nutritionist person for MJ? No. I do remember now after I saw emails.
    28 Lets look at your sworn deposition sworn under oath where you testified you were NEVER involved in the process. Shows depo
    29 When you have had chance to read it let me knw? Ok… got it. This says you getting involved in MJ nutriontist physiotherapist..
    30 I was trying to help find them, but not involved in what he ate, that’s how I understand that question
    31 Lets look at this again,, plays Depo: were you involved in LOOKING 4 a nutritionist 4 MJ? No, I was not involved
    32 Do you recognize this email? No. Do you think it’s a forgery? No. See the subject line “nutritionist&physical therapist? Yes
    33 Email: “we are on it AEG owns major sports team, so we the we can find the right person” Ortega to Gongaware
    34 Email: “Super, not a minute too soon lets turn this guy (MJ) around” Gongaware to Ortega
    35 So you had Mr Laugher for MJ, Phillips assistant, whose sitting there (points at Randy Phillips) you had him placed in MJ dressing room? Yes
    36 Is Mr Laugher a N or PT? No, so why was he involved in MJ N & PT? I don’t know
    37 Did you notice MJ was thin? He was always thin. Did u see MJ at TII rehearsals? Not that much, was at Thriller.
    38 You didn’t spend much time with MJ? I wasn’t in the arena I was doing other thing. Lets look at your testimony from CM trial
    39 Play video: Putnam: your honor its improper impeachment. Judge: Sidebar. Panish: lets come back to it
    40 Do you know who Arlyne Lewiston? No, don’t know her. Lets play depo. Depo: who is AL? Phillips assistant
    41 Email: “This is for MJ, he needs Nutritionist & therapist for MJ asap” Gongaware to Arlyne. (Impeachment AGAIN)
    42 Sir you were concerned bout MJ? There was always general concerns. 6/17 you were looking for help for MJ? That was Kenny
    43 You were always concerned about MJ health, right? It was a priority. It was a priority to see he was ok right? Yes
    44 Do you think Ortega was over reacting? Perhaps. So you thought Kenny Ortega was over reacting when he was raising concerns bout MJ health?
    45 Well he was, but I wasn’t worried. And you had no concerns about MJ? Not really
    46 He was right wasn’t he? I wouldn’t say that. Lets play deposition you testified to under oath, looking for video.
    47 Depo: ” Frank & I have discussed it already & I have requested. Face to face meeting with the Dr, hopefully Monday, we want to….
    48 ..remind him that AEG not MJ who is paying his salary. We want him to understand what is expected of him, he has been dodging Frank so far” Paul Gongaware 6/17
    49 Did you write this email? I don’t recall. Did you file declaration? No. Did you write it? No. Did you read it before you signed it? Yes
    50 Putnam: changes were made since PG reviewed the email. Changes were made
    51 Panish: so this is another sentence you changed in your deposition without taking notes, kept it all in your head? Yes
    52 Depo: What were you referring to in this email? I don’t know. Who was AEG? It’s AEG. Who is MJ? Michael Jackson.
    53 Who is him? CM. so lets read it in one sentence (reads entire email). But we were not paying his salary
    54 Whose salary are you referring to? I don’t know. But you have already said CM? But we were not paying his salary
    55 We want him to know what is expected of him who is that? I don’t KNOW. I will put in CM, does that help? No, I don’t know
    56 How much time have you spent going over that email? One half. How much time with your attorneys? 1/2 hrs
    57 So they were able to refresh YOUR memory of what YOU meant bout this email? Well no, I remembered it on my own
    58 Did you know you could change your testimony under oath (depo). Yes. How much time did you think you had? I don’t
    59 Did you get hypnotized, or have memory lapse? No you admit MJ is Michael Jacskson? Yes. You admit “him” is Conray Murray? Yes
    60 So you understand everything, but not this email? I don’t know. When you said “I want him to know what is expected of him, was CM? Yes
    61 Did you say to Dr Murray you will pay him $150,000pm? No, I said I’m authorized to.
    62 So what did you mean in this email? We were asking CM to look into MJ’s nutrition&therapy
    63 But You hired a nutritionist didn’t you?
    64 Randy Phillips said “we check everyone out” (Panish turned to point at Phillips, then says “oh he’s left the courtroom”)
    65 You were having cold sweats about this every night weren’t you Sir? No I was not. Do you know what a CS is? It’s a term
    66 Is it a term you ever use? Yes. Who is Carla? Ah Tim Leiwekes assistant. Day before you wrote email “done @$150,000” ..
    67 You said to Karla “pray for me”? I was just chatting to her. You were hitting on here? No, not really.
    68 I sleep very well, no cold sweats,, she’s a complete babe, I was jus,,,,,, Gongaware
    69 Did you have girlfriend at that time? No. Yes you did? Oh yes I did. Do you still chat Carla up now? Now and then
    70 Does your girlfriend know how you feel? No we don’t talk about stuff like that , ahahahaha PG
    [lunch break]

    The job Taaj of TeamMichaelJackson is doing is absolutely fantastic, but I am really worried how long she and the volunteers who read her shorthand and retype the transcripts will be able to do it. It is incredibly hard, even physically. We need to help them to buy the transcripts. I think that if someone knows how to read shorthand and is willing to help and type, their help will also be very much welcomed by the Team.

    Please read the message from TeamMichaelJackson and HELP with whatever you can. We need the transcripts very much indeed.


  17. Linda permalink
    May 30, 2013 12:39 am

    Wow, AEG lawyer is going to show some ugly stuff about Michael? Who’s looking ugly now, lol? Looks to me like AEG’s trial is turning out just like CM’ trial and the Arvizo fiasco. When are these people going to learn that trying to convict an innocent man with lies and deceit doesn’t work? And that is exactly what is going on here. They are still trying to convict poor Michael, and it isn’t working any better now than it did then.

    This trial, in my opinion, and I think in Catherine’s has nothing to do with money. It’s all about justice. As far as the law is concerned, Michael was killed and they got their man. Case closed, and AEG got off. Thanks to Catherine she is brave enough to go after the giant and seek justice for her son.

    I wasn’t too impressed with Panish in the beginning, but the more i hear the more I like him. He’s making a joke of AEG and bringing out their true colors, and I agree, Catherine is winning. The truth will prevail.


  18. May 30, 2013 4:48 am

    “This trial, in my opinion, and I think in Catherine’s has nothing to do with money. It’s all about justice.” – Linda

    There can be no doubt about it – this trial is about justice indeed. No one wanted to open a criminal case against AEG so this civil suit was the only way to find out what AEG had done to Michael. However I hope that after this case there will be some criminal proceedings as well. This business with people suddenly dying and their computers suddenly disappearing demand a full-time criminal investigation.

    As far as I understand Frank Dileo’s emails have not yet been provided by his lawyer?

    Gongaware is pretending that he is suffering from complete amnesia. Nothing helps him to recall that he ever sent an email reminding Murray that it was AEG who was paying his salary. He does not even understand the sense of the email:


  19. May 30, 2013 5:13 am

    Here is the second part of Gongaware’s testimony yesterday.

    ABC7 Court News tweets:
    1 After lunch break, Brian Panish resumes questioning of Paul Gongaware. Katherine Jackson and daughter Rebbie are in the courtroom.
    2 What I really wanted was to meet with him about was in Kenny’s email, nutritionist, that kind of stuff, Gongaware said about the email.
    3 About AEG paying Dr. Murray’s salary, Gongaware said he wrote that in the email, would be paying his salary if MJ would’ve signed off on it.
    4 We expected him to take care of his patient, Gongaware said. “We certainly weren’t controlling the doctor.”
    6 Panish: Why are you going to remind someone what to do when they are doing their job?
    5 Gongaware: I don’t know
    7 I’ve taken this very seriously, I’ve been sued for billions of dollars personally, Gongaware said.
    8 Panish asked Gongaware who told him he was being sued for billions of dollars and he told his lawyers told him.
    10 Panish: Do you know how much money MJ would earn in the future?
    9 Gongaware: Nobody knows that
    11 I spent as much time as I could preparing for it, Gongaware explained, saying he’s currently on tour with The Rolling Stones.
    13 Panish: Is it more important to work for AEG than to prepare for this case, right?
    12 Gongaware: I think they are both equally important
    15 Panish: How many artist’s doctor you requested a face-to-face meeting?
    14 Gongaware: None that I can recall
    16 His health was going to be discussed at the meeting, Gongaware said about asking Dr. Murray to be present.
    17 Gongaware said he suggested to his boss, Randy Phillips, to bring the doctor. It wasn’t an order.
    19 Email on 6/20/09 from Gongaware to Phillips:Take the doctor with you. Why wasn’t he there last night?
    20 This is talking about a problem they had that night with Michael, Gongaware explained.
    21 Gongaware: “It appears that Michael was sick that night, so where was the doctor? That was my question.”
    22 Gongaware: Meeting was going to be with Michael
    23 Panish: Why are you telling the CEO to take the doctor with you?
    25 Panish: Because you were controlling him, right?
    24 Gongaware: We were not controlling him
    26 Dr. Murray was in charge of MJ’s health, Gongaware testified.
    28 Email on 6/19/09 from John Hougdahl to Gongaware and Phillips Subject: Trouble at the front
    29 MJ was sent home without stepping foot on stage.
    30 I’m not being a drama queen here… Kenny asked me to notify you both.
    31 Paul/Randy
    32 Email:
    33 Email cont’d: He was a basket case and Kenny was concerned he would embarrass himself on stage, or worse yet – get hurt.
    34 Bugzee
    35 Email cont’d: The company is rehearsing right now, but the DOUBT is pervasive. Time to circle the wagons.
    36 All I know is that I had only one meeting with Dr. Murray, Gongaware said, but he doesn’t know what day it was.
    37 Gongaware said he didn’t know what Bugzee meant when he wrote “time to circle the wagons.”
    38 Back in session after a break.
    40 Response from Phillips on Jun 20:
    39 Bugzee, I know because I just got Kenny’s message on my vm.
    41 Email cont’d: What did he do when he got there and what happened between him and Kenny Ortega? I have a meeting with MJ tomorrow morning.
    43 From Hougdahl (Bugzee)to Phillips, cc’d Gongaware:you aren’t going to kill the artist, are you? MJ came out and watched all the pyro demonstration and endorsed the all the effects
    45 Email cont’d: then went into his room and asked Kenny
    46 Email cont’d: We assumed this was reference to pyro, but Kenny said he was shaking and couldn’t hold his knife and fork.
    47 Email cont’d: Kenny had to cut his food for him before he could eat, and then had to use his fingers …
    48 Email cont’d: I don’t know how much embellishment there is to this, but (Kenny) said repeatedly that MJ was in no shape to go on stage.
    49 Email cont’d: He kept going on and on how no one was taking responsibility for “getting him ready”.
    50 Email cont’d: We might be getting beyond … damage control, here.
    51 I didn’t worry about, it sounded like he was sick and they were going to talk about it next morning, Gongaware explained.
    53 Phillips replied:Tim and I are going to see him tomorrow, however, I am not sure what the problem is. Chemical or physiological?
    54 Gongaware said he was at a family wedding and wasn’t really paying attention to this. This was 1st time he heard something was wrong with MJ
    56 Gongaware responds:Take the doctor with you. Why wasn’t he there last night?
    57 Yes, if he (MJ) was sick, why wasn’t he (the doctor) there? Gongaware said he meant in the email.
    59 Phillips responded and added Tim Leiweke in the chain:He is not a psychiatrist so I’m not sure how effective he can be at this point.
    60 I think Randy is stating his opinion, Gongaware said.
    62 Email cont’d: Obviously, getting him there is not the issue. It is much deeper.
    63 Panish asked if Gongaware inquired what Phillips meant by “the issue… It’s much deeper.” He said no.
    65 Panish: Were you concerned?
    64 Gongaware: Not necessarily
    66 Gongaware: Well, there was going to be a meeting that day to discuss it
    67 G: No
    68 P: And never sought to find out?
    69 Gongaware: No
    70 Panish: Nobody told you anything where Dr. Murray was?
    71 Response from Hougdahl to Phillips, about needing trainer/therapist: I’ve watched him deteriorate in front of my eyes over the last 8 weeks.
    72 Email cont’d: He was able to do multiple 360 spins back in April. He’d fall on his a** if he tried it now.
    73 There was a meeting on June 20th. I wasn’t there, I was back East, Gongaware recalled.
    76 Unfortunately, we are running out of time. That’s my biggest fear.
    74 He was afraid of that, I wasn’t, Gongaware said.
    77 Email from Phillips:
    78 Gongaware agreed that in this business, the show must go on.
    79 Gongaware said AEG has a policy that they check people out either by knowing them, by being known in the industry or recommend by the artist
    80 Gongaware testified he didn’t know when Dr. Murray’s contract was to begin.
    81 That contract was for London and the shows for London, I believe, Gongaware said.
    83 Email on 6/20/09 from Phillips to LeiwekeComm and Kazoodi:This guy is really starting to concern me.
    84 Email cont’d: Read his email and my response. Dr. Murray and I are meeting with MJ at 4pm today at The Forum.
    85 Kazzodi is a private email address that belongs to Gongaware.
    87 Phillips sent this email to Leiweke and Gongaware’s private email accounts.
    88 The artist’s health is paramount. Without the artist, there’s no show. The artist is the most important thing, Gongaware testified.
    90 Email on 6/19/09 from Phillips to Leiweke: “We have a real problem here.”
    91 There was a meeting that was going to happen the next day, Gongaware said, and he waited to see what would come out of it.
    93 Email on 6/19/09 from Leiweke to Phillips: Let’s set up a time for you and I to meet with him. I want Kenny in the meeting as well.
    95 Ortega wrote back: I will do whatever I can to be of help with this situation. My concern is now that we’ve brought the Doctor into the fold
    96 Email cont’d: played the tough love, now or never card, is that the Artist may be unable to rise to the occasion due to real emotional stuff
    97 Email cont’d: He appeared quite weak and fatigued this evening. He had a terrible case of the chills, was trembling, rambling and obsessing.
    98 Email cont’d: Everything in me says he should be psychologically evaluated. If we have any chance at all to get him back in the light
    99 Email cont’d: it’s going to take a strong Therapist to help him through this as well as immediate physical nurturing.
    100 Email cont’d: I was told by our choreographer during the artists costume fitting w/ his designer tonight they noticed he’s lost more weight
    101 Email cont’d: As far as I can tell, there’s no one taking responsibility (caring) for him on a daily basis. Where was his assistant tonight?
    102 Email cont’d: Tonight I was feeding him wrapping him in blankets to warm his chill, massaging his feet to calm him and calling his doctor.
    103 Email cont’d: There were four security guards outside his door, but no one offering him a cup of hot tea.
    104 Email cont’d: Finally, it’s important for everyone to know I believe he really wants this. It would shatter him break his heart if we pulled plug
    105 Email cont’d: He’s terribly frightened it’s all going to go away. He asked me repeatedly tonight if i was going to leave him.
    106 Email cont’d: He was practically begging for my confidence. It broke my heart. He was like a lost boy.
    107 Email cont’d: There still may be a chance he can rise to the occasion if we get him the help he needs.
    109 Phillips responded:Kenny, I will call you when I figure this out,we have a person like that, Brigitte, who’s in London advancing his stay.
    110 Email cont’d: We will bring her back asap and Frank, too, however, I’m stymied on who to bring in as a therapist
    111 Email cont’d: and how they can get through to him in such a short time.
    112 Gongaware said Brigitte is a lawyer who was in charge of accommodations for MJ in London.
    113 Side note: it’s super hot in the courtroom. Air condition not keeping up. Attorneys said they will bring fans to help cool the room down.
    114 Mrs. Jackson did not return after the afternoon break.
    115 This all happened prior to the meeting, and I was waiting to understand what the situation was, Gongaware explained.
    119 Gongaware: He was obviously concerned
    118 Panish: Seriously concerned, right sir?
    117 Gongaware: Seemed to be
    116 I think they are special, Gongaware said about artists.
    120 Email response from Philips to Kenny urging him, and everyone else, not to become amateur psychiatrists or physicians on 6/20/09.
    121 Email: “You cannot imagine the harm and ramifications of stopping this show now”
    123 Panish: Can you name a single person at AEG who checked Dr. Murray out?
    122 Gongaware: I don’t know if anyone did
    124 I didn’t know anything about him, Gongaware said about Dr. Murray.
    125 Some people work for reasons other than money, Gongaware opined, but said he didn’t know whether Dr. Murray was in that category.
    126 I believe every doctor is unbiased and ethical, Gongaware said. “I think it’s a natural assumption on my part.”
    127 Gongaware: I never checked any doctor that I used. I just go by recommendation, never checked anyone’s financial situation.
    128 Gongaware said everyone thought MJ had all the money in the world, and it was not unusual for him to see people asking for a lot of money.
    130 Panish: He knew MJ’s health was declining based on what the doctor told I’m, right?
    129 Gongaware: Based on what his doctor told him, yes
    131 I did talk to him and he said the meeting went well, Gongaware recalled.
    132 Gongaware said he never heard before today anything about Dr. Murray’s financial conditions.
    133 This guy is starting to concern me, Phillips wrote in an email to Leiweke, Gongaware and Frank DiLeo.
    134 It is not clear to me who ‘this guy’ is, Gongaware said.
    135 I don’t know what Randy meant here, Gongaware explained. “I can easily take ‘this guy’ is MJ here.”
    136 Gongaware said he was in a family wedding, hadn’t seen the family for a long time and was not paying attention to work.
    137 Gongaware said he produced every email he had related to this case.
    138 Further to the earlier email…
    139 Email on 6/22/09 from Hougdahl (Production Manager, known as Bugzee) to Gongaware:
    140 Tomorrow is another story…
    141 Email cont’d: Let’s keep our 2 docu people out of here today, unless they stay in the dressing room area only.
    143 Panish: Sir, Michael was sick this time, wasn’t sir?
    142 Gongaware: I don’t know, he showed up next day and was great!
    145 Panish: But you were not at the rehearsal, sir?
    144 Gongaware: I saw reports
    146 He appeared to me to be fully engaged, Gongaware said.
    147 Panish talking about June 24th rehearsing:
    148 I recall seeing Thriller because it was the first time they were rehearsing with the costume and I wanted to see it, Gongaware said.
    149 That ended Day 19 of testimony. Paul Gongaware resumes tomorrow morning. They hope to be done with him by Friday. See you all tomorrow!

    TeamMichaelJackson tweets:

    Please note that Kenny Ortega said to the director of the show: “You are not going to kill the artist, are you?” And it seems that according to Randy Phillips’ email Conrad Murray SAID to him on June 20th that Michael’s health was declining. And it was after that that Phillips emailed to Kenny Ortega that they should not play amateur psychiatrists?

    150 Mrs Jackson left during break, didn’t return to the court room.
    151 Did you get to review any docs over lunch? No. Is your memory refreshed? It’s about the same
    152 Lets go to this email your email to have face to face meeting with the Dr. It was Kenny. But you sent the email? Sure. Is that a yes? Yes
    153 Do you go to other employees to tell their Dr you are paying for his Dr? Objection
    154 Have you ever been to Mr Trell Dr to tell him you are laying him? I don’t know his Dr
    155 You wanted to remind the Dr you are paying him & what is expected of him? Well we expected him to take care of his patient
    156 But why would you need to remind someone’s Dr what is expected of them? I don’t know
    157 Now just so I’m clear you told me after your depos, you laid out all the docs and that refreshed your memory? Yes
    158 But these were all in your depos? There’s were thousands I wasn’t going to go through them. So there were thousands of emails?
    159 Well there were a lot, I take this very seriously, I am personally being sued for billions of dollars. Who told you that? My Attorney
    160 Objection: I’m not going there your honor
    161 You spent two days doing your depositions? It was more then that. But you said you didn’t have time to read all email
    162 In all the tours you have produced how many other have you asked to meet with the Dr? None. What right did you have to demand a meeting? I didn’t
    163 Did you write some of these emails? Just give me a minute. Haven’t you reviewed that with your attorneys in last 2 days? No
    164 You demanded to Randy Phillips to take the Dr with you? No I suggested it. Did you get MJ permission before this? He was there
    165 The Dr was supposed to be 24/7 available? Michael was sick why wasn’t the Dr there. But why tell Randy Phillips TAKE Dr with you? Objection
    166 Was Phillips picking the Dr up in his car? Don’t think so. Dr Murray was in charge of getting MJ to rehearsal? He was caring for him
    167 The email “remind him who pays him” you remember that”? Yes. Let’s look at this one, you’ve seen that before right? Yeah we just talking about this
    168 email Bugsy “MJ was sent home without setting foot on stage” subject line “trouble at the front. You would say…
    169 Bugsy email to Paul/Randy, Bugsy would know more about MJ than you & Phillips? Well more than me.
    170 Kenny told him to write this right? I don’t know. Bugsy is trustworthy correct? Yes
    171 What happened after that meeting? I only had one meeting with Dr Murray
    172 Between the email you sent “take the Dr” and this on 19 it was 3 days, what does “time to circle the wagons mean”? I don’t know
    173 Did you respond to that email? I was out of town. But you had a PDA? I don’t know. Do you have a blackberry now? I have IPhone
    174 6/20 RP 12.36am, emails: Bugzee what happened ,,,MJ came out & watched all the pyro and endorsed all the effects then went into his room and asked Kenny..
    175 “You aren’t going to kill the artist are you?” We assumed this was in reference to pyro, but Kenny he was
    176 Kenny (said) he was shaking & and couldn’t hold his knife and fork, Kenny had to cut his food…

    177 “Tim & I are going to see him tomorrow, however, I am not sure what the problems is. Is it psychological or chemical?
    This is beyond damage control what does that mean? I don’t know.”
    178 What does chemical mean? I don’t know. Have you heard of medication dependency? Yes
    179 Did you all this worry you, you said it didn’t concern you? I was at a wedding, I had commitments
    180 RP wrote 6/20 he’s not a psychiatrist so I don’t know what he can do at this point, obviously getting him there is not issue”
    181 Did you ever demand Dr Murray to get MJ to rehearsals? No. You wrote “take the Dr, Y wasn’t he there last night.
    182 BTW that week all this was going down, did you know what he was doing at night, why he wasn’t there? No
    183 Bugzee to RP ” my laymen’s degree tell me he needs a shrink to get him mentally prepared to get on stage…
    184 …then a trainer to get him physical shape, I have watched him deteriorate over the last 8 weeks….
    185 .. He was unable to… Tim Leiweke replies “unfortunately we are running out of time, that’s my biggest worry”
    186 So Sir “The show must go on” have you heard that before. Yes. Woollys biggest fear was the show? I don’t agree with that
    187 Your bosses biggest fear was not that MJ was deter, but the show must go on? I don’t agree with that
    188 And that’s how AEG treat their artist, does your firm have policy for hiring independent contractors? I don’t know
    189 What is your policy? They come to us (said exactly what Trell said). Who told you that? Don’t know. Is it written anywhere? Don’t know
    190 Your lawyer just told us you are not on this email: Putnam-he’s only on one. Panish what your lawyer just says isn’t true, is it?
    191 Sir do you use another email? I may have used . You use “kazoodi? Yes I do. &your attorney doesn’t know you use that
    192 Email: “this guy is really starting to concern me, read his email&my response. Dr Murray & I are meeting with MJ 4pm today” Randy Phillips
    193 Why are you receiving emails to a non AEG email concerning clients, did you think we would not find these? You have to ask Randy Phillips
    194 First email in chain from Bugzee, forwarded from RP to Tim Leiweke 6/19-22.33 “we have a real problem here”
    195 Sir would it be ok to put the show before the artist?????. Yes
    196 What was the real problem? Don’t know, there was going to be a meeting. Next email back for Leiweke ..
    197 What did you do? Wait for the outcome
    198 Lets set up a time for you and I to meet with him, I want Kenny at the meeting too”
    199 Lets go back, Tim Leiweke wants Kenny Ortega at meeting? That what he says. Does he usually say thing he doesn’t mean? No
    200 Ok so this is Kenny back to Randy Phillips
    201 BTW Tim Leiweke doesn’t work for AEG anymore does he? No. Do you know why? No
    202 Now that we brought the Dr into the fold” what does that mean? I don’t know. ” we played tough love” what does that mean? Don’t know
    203 Everything in me says he should be psychologically evaluated”What does that mean? Don’t know I was at wedding
    204 Panish reads email” as far as I can tell none is taking responsibility for him, …………
    205 It’s email from Mr Phillips “Kenny, I will call you when I figure this out, we have a person……..
    206 Now we have Ortega again writing to Mr Phillips 5day from MJ death he doesn’t think MJ is ready? What does he say
    207 Were you familiar with HBO concerts cancelled? No. But you were involved with. Yes but not with the tours
    208 Email. It’s reminiscent of what Faye,Bush,Payne experienced when he fainted…? Kenny was objective?
    209 He’s an artist so he saw thinks differently. So you don’t think artists are important? They are special people
    210 Sir Ortega seems like someone seriously concerned? He was concerned. Seriously concerned? Yes, seriously
    211 Here’s Phillips responding “Kenny it’s critical none of us become amateur psychiatrist or physicians” yes
    212 Did you know Randy Phillip had a 40min conversation with Dr Murray? No I don’t know. They had a meeting with Dr? Don’t know
    213 But you told us they had a meeting? Yes but I don’t know what happened. He does say Dr Murray told him MJ is declining?
    214 According to this he says he’s declining. So he was in decline 5 days before he died? I guess it’s what he says here yes

    215 So it means RP was on the phone with Murray? It seems so. & he says he checked out the Dr? Yes
    216 Did you check Murray out? Don’t know. Did anyone from AEG check this Dr out? Don’t know
    217 And he’s says he doesn’t need the gig? Yes sir. So he doesn’t need this money? It seems so
    218 If someone says they don’t need this gig they are financially stable right? Well he may have had other jobs
    219 I believe Dr’s they are ethical. PG. have you ever paid a Dr that’s been paid $150,000pm? No
    220 Do you think an ethical Dr would charge $5mill? Well no with MJ people thought he had money
    221 But then you cut him down? Yes we did. “You cannot imagine the harm &ramification of stopping the show”
    222 Well it wouldn’t have been harmfully for AEG, just MJ. Well he died Sir? Yes sir
    223 When Mr Phillips wrote this email based on what his Dr told him, he knew MJ was very sick? Yes, that’s why they were having this meet
    224 I’m meeting with him at the forum did they meet at the forum? I don’t know. You don’t know? They meet nt @forum
    225 Do you know anything about Dr Murray’s financial/license issue? No, he was MJ Dr. One you were calling/meeting? Yes
    226 Mr Phillips who was here this morning writes to all the heads of AEG he is concerned about Kenny worrying about MJ?
    227 Well it was MJ. He was concerned about MJ 5 days before MJ died? Yes there was going to be a meeting
    228 Did you come back for the wedding you were at? Yes. Could you have picked up the phone & called?
    229 It was a family wedding, I hadn’t seen them in a long time. But could you have called? No answer
    230 In this case did you produce all the emails from your private email? I produced everything I had. This was not from you?
    231 Whose John Branca? He’s an MJ attorney. Is this email sent to you Sir? Yes. Do you need copy? I have it here
    232 This is 3 days of MJ dying? Yes. Lets keep our 2 docu people out of here today, unless they stay in dressing…
    233 Room area. Tomorrow is another story, Bugzee, why keep camera people out? MJ wasn’t there anyway
    234 You just told us you may have just left rehearsal, then you say there was no rehearsal, which is it?
    235 I need to see my schedule. You were at rehearsal? Yes. He looked fully engaged. But you were working in the back?
    236 .. I definitely saw the Thriller, I wanted to see what it looked like. Sir lets play your depo about what you said. OBJECTION
    237 SIDEBAR… Court adjourned
    238 Attorneys discuss if witness will be released by Friday. Panish says yes, we hope to
    239 AEG don’t want videos played if its for impeaching. Jackson attorneys state they have a right to play anything they need
    240 AEG: if witness doesn’t testifies honestly they can play it. Boyle cites KC law ???
    241 Ok guys that’s it, trekking home now. Love always, see you back here tomorrow
    242 AEG exec’s memory strained about Michael Jackson’s last days
    243 Alan Duke CNN Video! Watch AEG exec grilled about ‘smoking gun’ e-mail in Michael Jackson wrongful death trial
    244 Note that there are 2 clips of Paul Gongaware’s deposition video on the page!
    249 Shawn Trell – 1 |
    252 Shawn Trell-3 | … Shawn Trell ALL days will be up by tomorrow night, so sorry for delays


  20. May 30, 2013 5:15 am

    TeamMichaelJackson has posted two tapescripts of Shawn Trell’s testimony!
    I am looking forward to reading them (and hope to analyze in a post). Tweets are okay but they still don’t tell you the whole story.

    Shawn Trell 1:
    Shawn Trell 3:

    TeamMichaelJackson is helping us to learn the truth, so we need to help them to be able to know it at all.

    Here is their appeal for help:


  21. May 30, 2013 1:09 pm



  22. May 30, 2013 1:55 pm

    Debra Opri: “He made a fool of himself.”
    This is a good report of Debra Opri on the Gongaware testimony:


  23. May 31, 2013 8:23 am

    Attn.Panish needs to be thanked and congratulated on his exellent attentionspan in this sea of amnesia,pseudo-imbecicility,people dying, lost computers with significat e-mails,aeg firing
    people from their human resources dept. 10 days before Trells deposition,paying Frank Dileo 5 mln after M;J`s death(???)Have your guess. Rehiring T.T..I feel sorry and concerned for the jury having to listen to this at length. Some predicted this may last months.


  24. May 31, 2013 12:20 pm

    “Panish needs to be thanked and congratulated on his exellent attention span in this sea of amnesia, pseudo-imbecicility,people dying, lost computers with significat e-mails,aeg firing people from their human resources dept. 10 days before Trells deposition, paying Frank Dileo 5 mln after M;J`s death (???)Have your guess. Rehiring T.T. I feel sorry and concerned for the jury having to listen to this at length” – Kaarin

    For the jury it may be difficult indeed but each of the points you’ve mentioned is a sensation which in other circumstances would make the media talk about it for weeks. And over here we have sensation after sensation, all crammed into one day – so that you feel lost among all those purely sensational facts. It is like living inside a Thriller and if it were not connected with Michael’s death would make a script for a good movie.


  25. May 31, 2013 2:54 pm

    Guys, here are the tweets for yesterday Thursday May 30 from ABC7:

    Thursday May 30, 2013 Day 20
    1 Day 20 of Jackson Family vs AEG trial is underway. Brian Panish resumed questioning of AEG’s executive and co-defendant Paul Gongaware.
    2 Gongaware said he met with his attorneys again yesterday to refresh his recollection.
    4 Panish asked if AEG was concerned about Mr. Jackson’s health.
    3 When he was sick we obviously had a concern, Gongaware responded.
    5 Gongaware said he understood MJ was sick from reading the chain of emails shown yesterday.
    6 But Gongaware told the jury he didn’t have any particular concern about Michael Jackson.
    7 Other than on June 19th, no one told Gongaware about being concerned with MJ’s health.
    10 Talking about the email Hougdahl sent saying MJ was deteriorating quickly, Gongaware explained: “I didn’t see it the way he saw.”
    9 Panish: Was Mr. Hougdahl joking about it?
    8 Gongaware: A little bit
    11 Hougdahl wrote in another email to Gongaware that MJ needed some cheeseburgers, a couple of brats and beers.
    12 Panish inquired whether Gongaware had indemnity clause in his contract.
    13 I haven’t read my contract in 12/13 years, I don’t know what it says, Gongaware said.
    14 Panish asked if he AEG would cover for Gongaware should they be found guilty.
    15 I’ve been assuming that, Gongaware responded, adding that depending upon the size of the judgment, AEG could go after him.
    16 Panish asked how much AEG would be able to afford, and Gongaware said he didn’t know.
    17 Panish emphasized there are various ways for AEG to pay a judgment, and Gongaware mentioned they had some sort of cancellation insurance.
    18 Lunch break is almost over. We’ll tweet more updates as soon as we can.
    19 If it feels like they were jumping from one subject to another, it’s because they were. We’re told Panish is almost done.
    20 Just want to remind everyone that we are not allowed to live tweet, per judge’s order. We have to do it during breaks
    22 Email 6/15/09 from Hougdahl to Gongaware
    21 He needs some cheeseburgers w/ bunch of Wisconsin cheesehead bowlers and couple of brats and beers
    23 Gongaware said he does not know how many pages his employment agreement is.
    24 Panish asked about indemnity in Gongaware’s contract. The exec said indemnity means that someone else is taking on the responsibility.
    26 Panish: That means if you did something wrong…
    25 Gongaware: They would be responsible

    27 Panish went back to discuss the email from Randy Phillips where he wrote Dr. Murray didn’t need the gig and was unbiased and ethical.
    29 Panish: Is Mr. Phillips unbiased and ethical, sir?
    28 Gongaware: I think he is
    30 Panish asked if it was ethical for Phillips to represent to Ortega that the doctor is ‘extremely successful’ and ‘we checked everyone out’
    31 Gongaware responded that he didn’t know what Phillips knew at the time.
    35 Panish: Is number one priority ‘the show must go on’?
    34 Gongaware: I don’t know if that’s number one
    33 P: What’s number one?
    32 G: Getting it right
    36 Panish showed the email John Branca, Michael’s attorney, saying he had the right therapist for MJ and asked if substance abuse was involved.
    37 This is referring to the meeting that was going to happen and I was waiting to see the results of it, Gongaware said.
    38 I didn’t believe there was a substance abuse issue, Gongaware testified.
    39 In the entire time I was dealing with him in this tour, I saw it once when he came back from his doctor, Gongaware testified.
    40 Gongaware said that was the only time he saw Michael with slurred speech and under the influence of something.
    41 Gongaware said he didn’t know what Dr. Klein was giving Michael Jackson.
    42 When Panish asked Gongaware if he checked Dr. Klein out, he replied: “No, he was Michael’s doctor and it was none of my business.”
    43 Gongaware talked about the meetings he attended at MJ’s house. He couldn’t remember how many, but said one with Dr. Murray was in June.
    44 On June 24th, Gongaware saw MJ rehearse the song ‘Thriller’. He said he thought Michael was engaged and alert.
    45 As to insurance issues, Gongaware said he was involved only peripherally.
    46 On June 25, Gongaware sent an email saying that if they didn’t get sickness coverage in the insurance, they would be dropping the policy.
    47 Gongaware said he didn’t know why he was pressing for sickness insurance on the day MJ died.

    48 Bob Taylor, the insurance broker, wrote back that it was always down to the medical issued from the word go.
    49 Regarding Randy Phillips asking for life insurance the day MJ died, Gongaware said he didn’t pay much attention to insurance, didn’t recall
    50 The day MJ died, Gongaware said Phillips called him and told him to get over to the house right away, there seems to be a problem.
    51 Randy followed the ambulance to UCLA. “The second call was that he informed me that he had died,” Gongaware remembered.
    52 On June 25, Gongaware said he went to the rehearsal at the Staples Center and talked to Kenny Ortega.
    54 Panish: Were you sad Mr. Jackson died?
    53 Gongaware: Very much so
    55 He was a business associate, Gongaware said about MJ. They did not didn’t hang out as friends,
    56 Panish asked about Phillips’ email directing Gongaware to remove thin, skeletal footage of MJ in red jacket from This Is It documentary.
    57 Gongaware testified today he remembered receiving the email. In his deposition played in court, Gongaware said he didn’t recall the email.
    59 Panish: Did you change your testimony?
    58 Gongaware: No. I saw the email as part of my prep
    60 Gongaware said he didn’t try to control any of the messages about MJ after his death to reflect he was fully engaged in rehearsals.
    61 Panish asked about an email from Gongaware okay’ing the band, singers and dancer to give interviews but asked them to keep it positive.
    62 Email: The only thing we ask is that they keep it positive and stress that MJ was active, engaged & not emaciated person some want to paint

    64 Panish: You were controlling the message as producer of that documentary, sir?
    63 Gongaware: I don’t think so
    65 Gongaware said there were 15,000 tickets per show, $1.5 million in tickets per show, $47 million for all 31 shows.
    66 Tickets were selling at lightening fast, Gongaware said. “As fast as the system can sell.”
    67 The tickets were sold in March, Gongaware said. It was held by the arena, AEG had control of the money.
    68 Gongaware said merchandising was another way of making money. The building, which is owned by AEG, would keep the revenue of beverage sold.
    69 Gongaware said the beverage money would offset the arena rent, which Michael would not have to pay.
    72 Gongaware: His (MJ) potential was great
    71 Panish: Unlimited ceilings?
    70 Gongaware: If he was willing to work that hard, he would’ve done well
    73 The only thing we knew was 50 shows in London. Michael had not agreed to anything else, Gongaware explained.
    74 Katherine Jackson was in court wearing an electric blue jacket. Rebbie accompanied her, wearing a dark blue with white square strips jacket.
    75 Since the courtroom has been so hot, several fans have been placed around in an effort to cool the room off. It worked, partially.
    76 After lunch, attorneys spent about 20 minutes discussing the contents of Frank DiLeo’s computer. Panish said an attorney in LA has copy.
    77 Judge urged both sides to work with this newly-discovered attorney in order to get copies of DiLeo’s emails.
    78 Panish asked Gongaware by the time the show was sold out, how many people were in the queue to buy tickets.
    79 250,000 people were still in the queue, which would be enough to sell another 50 shows, Gongaware answered.
    80 Panish then concluded his questioning of Gongaware.
    83 Panish: Did you tell the truth when you testified in this case, sir?
    82 Gongaware: Yes
    84 AEG’s attorney, Marvin Putnam, did the questioning of Gongaware on behalf of the defendants.
    86 Putnam: Have you ever been sued personally for the wrongful death of anyone?
    85 Gongaware: No
    88 P: Are you nervous?
    87 G: Yes
    90 Putnam: How are you feeling?
    89 Gongaware: It’s difficult, it’s very stressful
    91 Putnam asked about Gongaware’s memory and he said it’s okay.
    92 Putnam said Gongaware handed over more than 13,000 emails in discovery from the “This Is It” period.
    93 Putnam inquired about Gongaware’s Kazoodi personal email account. On 6/20/09, the chain of emails with “Trouble at the Front” was sent there
    94 Gongaware said he didn’t remember receiving this email.
    95 Gongaware said he had more than one “Kazoodi” email account. He said he was not using the account the email was sent to on 6/20.
    96 The account was closed at the time, Gongaware testified, saying he never received the email. But he said he never denied it was sent.
    97 Gongaware claimed yesterday was the first time he saw the chain of email subject Trouble at the Front.
    98 Gongaware said he was receiving hundreds of email a day at the height of 2008/09 tour preparation.
    99 Gongaware testified he didn’t read all of them because of time factor or it was something it didn’t have to do with him.
    100 Gongaware said he doesn’t have an office at AEG, and that he works in his own projects. He has an office at his house.
    101 Gongaware is the Co-CEO of AEG Live Concerts West with John Meglen. He said he was the co-founder of the company. Phillips is AEG Live CEO.
    102 Gongaware explained he has been testifying about what he could recall. If he didn’t remember, he said he told the jury he couldn’t recall.
    103 Gongaware testified he looked at the emails after his deposition because he wanted to put everything together and see the bigger picture.
    105 Putnam: Did you try to give your best testimony?
    104 Gongaware: Yes, I did
    106 Regarding the phone call between Gongaware and Dr. Murray where the doctor asked about $5 million, Gongaware said he remembers that call.
    107 The next call between the two, it was the $150,000 call, where Gongaware offered the doctor $150k.
    108 Gongaware said those were the only two calls he had with Dr. Murray.
    109 Gongaware said the 1st time he met Dr. Murray was a meeting at MJ’s Carolwood house. He said MJ, Kenny, Randy, Frank, Dr Murray were present
    110 Gongaware recalled the other meeting with Dr. Murray was an encounter with him at The Forum. He remembers saying hello to him.
    111 Gongaware said he’s sure he didn’t meet with Dr. Murray other than on those two occasions.
    112 Break down: Gongaware said he spoke with Dr. Murray on the phone two times and met with him two times.
    113 Gongaware said he promoted couple of shows/dances in college. He graduated in ’69 from Waynesboro College in Pennsylvania in Accounting
    114 Gongaware worked for Arthur Andersen in NYC after college as auditor. He said one needed two years of experience in order to get CPA license
    115 The company ended up shutting down after being involved in the Enron scandal, Gongaware explained.
    116 Gongaware said there’s a continuing education requirement in order to maintain his CPA license, but he hasn’t kept current.
    117 I didn’t like that work, Gongaware said about leaving the practice. “I wanted to do things and not just being an accountant.”
    118 Gongaware said he ski bummed for a winter and would do bookkeeping to pay for his lodge.
    119 After, he promoted the Grateful Dead at Folsom Field in Boulder, CO. Gongaware said he didn’t know the band, cold called them & got the work
    120 The concert was sold out, Gongaware said, and he became an independent promoter.
    121 Around 1975, he met Terry Bassett who worked at Concerts West and Gongaware went to work for them in their Seattle’s office.
    122 He worked for them for about 10 years. Gongaware said he went to work for the company because the money was steady.
    123 At Concerts West, Gongaware worked with Bad Company, Led Zeppelin, Beach Boys, Chicago, Eric Clapton, among others.
    124 This Concerts West is not the same he is the currently the co-CEO.
    125 Jerry Weintraub was Elvis’ promoter and Concerts West assigned him to work with Colonel Parker, Elvis’ manager.
    126 On Jun 25, 2009 Gabriel Sutter (a tech guy) wrote Gongaware a condolences email.
    127 It was such an incredible shock to go through that experience, Gongaware explained.
    129 Gongaware’s response on July 5, 2009:
    128 I was working on the Elvis tour when he died so I kind of knew what to expect. Still, quite a shock.
    130 You have all these people out of work, Gongaware explained. “At the Elvis some were without jobs permanently.”
    134 Putnam: When you wrote the email, did you expected MJ to die?
    133 Gongaware: No, not all
    132 P: Did you ever consider the idea MJ would die?
    131 G: No
    135 MJ died of overdose of Propofol, Gongaware testified.
    136 He didn’t die of being sick or malnutrition, Gongaware said. “It was overdose of Propofol.”
    137 Gongaware said he had no idea of what Propofol was.
    138 Gongaware was in his 20s when he worked w/ Elvis. He said when they’d announce Elvis concert, there would be lines at the box office 4 days
    139 Gongaware said Colonel would buy ads on every radio station and promote the show.
    140 When tickets went on sale, Gongaware was to report to Colonel every hour regarding the ticket sales.
    143 Gongaware said Elvis died of a heart ailment.
    141 ((On Tuesday, Gongaware testified Presley died of drug overdose))
    144 At a point, Gongaware said Elvis was not performing. “The Colonel was keeping Elvis from work.”
    146 Gongaware said he never met Elvis.
    147 Gongaware said he came to find out later, after Elvis’ death, that the artist had drug problems.
    148 Gongaware said he worked on MJ’s memorial service. He was in charge of the tickets and worked closely with the family.
    152 He said he didn’t charge for his work.
    150 Putnam: Why did you work at the memorial service?
    149 Gongaware: It was the right thing to do
    153 Gongaware left Seattle and came to LA to work at Concerts West. He then went to Warner Miller Films. The company did primarily ski movies
    154 Around 1992, Gongaware went to work on the “Dangerous” tour with MJ. This was his first time working with Michael Jackson.
    155 He worked with the Jacksons in 2000. But he remembered working on a tour with the Jacksons prior to 92 and said MJ was part of the group.
    156 I was the tour manager, handled the logistics and travel for the B party, Gongaware said, adding he worked for MJ but not for A party.
    160 A party – artist
    159 B party – band and administration
    158 C party – crew
    157 D party – documentary people
    161 Gongaware said there were several legs on Dangerous tour. It was a worldwide tour. He never met MJ on that tour, saw him on stage few times
    162 The first time Gongaware met MJ was in Las Vegas when he was visiting Colonel Parker.
    163 Steve Wynn’s brother called and said MJ wanted to meet Colonel. Gongaware stayed and met MJ.
    165 Putnam: Were there any doctors in that tour?
    164 Gongaware: Yes, two
    166 Gongaware said Dr. Forecast was MJ’s personal doctor. He didn’t think Dr. Forecast treated anyone else, so they had Dr. Finkelstein also
    167 Dr. Finkelstein, a general practitioner, was in the B party. They went to places where they didn’t know the quality of local healthcare.
    168 Gongaware explained Dr. Finkelstein treated B, C and D parties. Gongaware said he did not see any doctor treat MJ.
    169 Dr. Finkelstein told Gongaware he treated MJ two times. Dr. Forecast wasn’t in Bangkok yet, so Dr. Finkelstein treated him when he needed.
    170 The King of Thailand said MJ would have to do the second show because his friends were attending, Gongaware recalled.

    171 Gongaware said the King put armed guards outside their doors to make sure they didn’t leave.
    173 Putnam: During the Dangerous tour, have you come to have an understanding that MJ had a problem with drugs or painkillers?
    172 Gongaware: No
    174 The Dangerous tour in 93 was cut short in Mexico City, Gongaware said. He learned it had to do with drug addiction because MJ announced it.
    176 Putnam played the audio with MJ’s statement.
    175 My friends and doctors advised me to seek professional guidance immediately in order to eliminate what has become an addition, MJ said.
    177 After that, judge adjourned the trial until tomorrow morning. Gongaware is to resume his testimony and expected to last all day.
    178 Judge said there will be only four hours of trial tomorrow, from 9 am to 1 pm PT. We hope to see you all tomorrow.
    179 Watch @ABC7 Eyewitness News and go to to see excerpts of Gongaware’s deposition along with emails shown at trial.
    181 Here’s the text of MJ’s announcement in 1993:
    180 My friends and doctors advised me to seek professional guidance
    182 Cont’d: immediately in order to eliminate what has become an addiction. It is time for me to acknowledge my need for treatment
    183 Cont’d: in order to regain my health. I realize that completing the tour is no longer possible and I must cancel the remaining dates.
    184 Cont’d: I know I can overcome the problem and will be stronger from the experience.

    Tweets from TeamMichaelJackson:

    185 Than you for the hundreds of mention, sorry didn’t have time to reply we are working tirelessly behind the scenes. Love always #RIPMJ #MJFAM
    187 Gongaware on the stand.
    188 You said to Bugzee “we need to fatten up MJ”? Don’t recall
    189 Other than June 19th were AEG concerned about MJ’s health? No not particularly
    190 Email: 6/15/09-Bugsy2PG “He needs(MJ) some cheeseburgers with a bunch Wisconsin cheeseburger bowlers & couple of brats&beer”
    191 Was Bugzee joking around about this situation? Yes I think he was. And Michael Jackson died 9 days later
    192 Did you take any steps to protect the company in case the tours didn’t go ahead? Yes I think there was insurance. So you were ok, nothing to lose
    193 Lloyd’s of London rep from London is in court along with four attorneys…. Sitting on the Jackson family side of the court room
    194 SIDE BAR…. Mrs J is here with Rebbie. God Bless our Matriarch. Love always …
    195 we were talking about your employment agreement, who assisted you with that? Can’t recall. Did you get indemnity is anything happens? I assume so
    196 You seen lots of agreement? Yes. What’s a indemnity cover? My company covers me, if anything happens
    197 emails, did you review these with yout attorneys last night?
    198 And no one has told you your company won’t cover you in this case have they? No.
    199 This was sent to your private email frm RP&Kenny, Phillips told you “this Dr does not need this gig, is totally unbiased & ethical”…
    200 So what would the reverse be? I don’t know. It would be biased & unethical? No. Is RP ethical? I think he is
    201 So when he said “Dr is ethnically we checked him out” was that ethical? I don’t know what he meant, yes he’s ethical
    202 RP made an affirmative statement about an individuals health, when he knew MJ was sick, is that ethical? I don’t understand
    203 You said yesterday your number ONE priority was the show must go on, right? No. What more important then the show must go on? Getting it right
    204 email: seen that before? Yes, yesterday. Did you ever see written agreement with Delio & MJ? No but he was from when he came on board in April
    205 from Branca, what did you do to see if there was substance abuse? I was waiting for the outcome of the meeting. This doesn’t talk about a meeting
    206 Did you do anything affirmatively to see if there was a substance abuse with MJ? No, there was no need for it
    207 But you testified you saw MJ under the influence? That was once when he returned from his Dr. But you said Dr Murray was his Dr? …
    208 How many meetings were you with at MJ house, so it’s 5 in June now, how many more can you remember? RP&KO with me at 5/10
    209 So you were at 5 to 10 in June, so that’s almost every other day? According to your calculations. I’m going by what you are saying? About every 4 days
    210 So now you remember that the meeting with Dr Murray was in June at MJ’s house? Did you call Branca to discuss the substance issue? No. Anyone? No
    211 So you saw MJ at rehearsals when he did Thriller? Yes. And he looked engaged? Yes. Did you get involved in insurance? No maybe 1/2
    212 Lets look at the one you wrote on the day MJ Died. Email shown from Bob Taylor to Gongaware&Leiweke “once we know what happens on8 we can make decision
    213 PG: 5.31pm: “In interest of full disclosure BUT just between US if we don’t get the sickness coverage we are dropping the policy”
    214 Plays depo”do you know Taylor? Yes. Works for who? Robertson Talor. He works in UK? Yes.( show same email from above)
    215 What do you know about this email? dont know. why on day MJ died you were trying to get sickness insurance? Did he die on that day. Yes?
    216 When you sent email at 5.31pm had you heard of MJ’s passing? I wouldn’t have been dealing with it if MJ had died
    217 Why was it so important for you to get sickness insurance on day MJ had dies? Don’t know. MJ was very sick and you were trying to get insurance? No
    218 Today you remember so many things you didn’t remember at your depo, why didn’t you change you depo? I remembered it after that
    219 Was it when you spoke to your attorneys? I don’t remember when it was(PG said a lot I missed will be in notes, that’s why depo was played)
    220 Were you involved in the insurance? Not rally that was Mr Trell. Panish shows email from Paul Gongaware to Bob Taylor “Let me know if you need anything else”
    221 U have AEG/ConcertWest/kazoodi email address, anymore? No. You were using Mac emails too Sir? Can’t remember
    222 Where is the email that precedes this email “if you need anything let me know”? I gave everything to my attorneys. Did you delete any? No
    223 Paul Gongaware to Bob Taylor “Anyplace I can call you Re: this I’m not ready to put anything in writing!” What didn’t you want to put into writing?
    224 There was just too much to talk about and I didn’t want to sit and type it all up replies Gongaware
    225 There were concerns some of the re-insurers were backing out right? You well I was only on part of the emails, they were warned right? Skidish
    226 Silcox to Taylor “There was an article.about MJ in UK” were you concerned about that? No daily mail is tabloid not worth reading
    227 When MJ died were you working? Yes. Where? Working out of my home. Who notified you? Randy called me
    228 He had your number? He called me and said Branca told him. Did you know where Mr Phillips was? At the hospital
    229 Did you speak to Ortega about MJ’s health condition? Was not the topic. Was he friend of yours? He was business associate
    230 Did Randy Phillips send you an email to remove any footage where MJ was looking Skelton? He did send me an email like that. Well lets look at your depo
    231 Depo: “do you recall getting email from Phillips to remove footage of MJ looking skeleton”? No, I don’t remember that
    232 So did you change that part of your depo? No. Why are you changing it now, well I’ve had time to review a lot of stuff
    233 Plays depo; email from Randy Phillips “Make sure we take out that footage of MJ in that red leather jacket where the mini movies were being done”? Don’t know
    234 What did Phillips mean by that? I don’t know what he meant. You wrote “,,,,,,,”. I don’t know, we didnt keep anything out of the movie
    235 Did you talk to Phillips about that? No. Did you ask him what he meant? No. Have ever asked? No
    236 You wanted to control what the people said on “this is it” so they wouldn’t say MJ look emancipated? No. Lets look at this email. Shows email
    237 Email:”the only thing we ask is that they keep it………
    238 R U Paul Gongaware? Yes. Who are you writing to? Not clear. Joan ? Works on tour.
    239 ……positive&stress that MJ was active,engaged&not emancipated person some want to paint him as having” Paul Gongaware
    240 Who is Linda Cobb? Friend. Did you write to her?yes. She says “ok vey dude Big Ouch, hopefully we can catch few waves” you upset when MJ dies?Yes
    241 First 31 shows, How many seats at 02? 50,000. How much per ticket? 70% Ј70. 30% Ј45. Total=47mil (they forgot to mention VIAGAGO) Link plz sum1
    242 How quick was it for those to sell? Bam! It was 2hrs right? About that. Then there were lines 4 more right? Yes. How much was that 77mil
    243 What happend to that money from March till MJ died? They were held by the Arena. How much for 50shws? Ј75mil
    244 What else can you make on, merc, what about drinks? Arean keeps that. But aEG own that? Yes. So popcorn/drinks++ went 2 AEG? Yes
    245 MJ was the greatest artist? Yes. He could’ve made much more then that? Yes if he wanted to
    246 MJ wanted to be in Vegas right? Yes. Who do you have in Vegas? ?????. And MJ would have made more then all? Yes, MJ was the TOP…….
    247 Court is out till 9 am tomorrow. Couldn’t get connection in court will pkst tweets in10 mins when i get on the bus. Lv
    248 Gongaware he had lunch with his attorneys but didn’t talk about the case. Panish says I hope ur memory stays the same as it was with us.
    249 Panish says he has one last question the he’s done. Using transcripts of Murray trial. Remind to me what a que
    250 At time of 31 shows sold out how many were still in the que? Don’t know after 50 we could have sold anth 50
    251 Putnam cross. Have u ever personally been sued b4? No. How’s it going so fat? It’s very stressful
    252 Panish asked u if u have good memory or very good,usaid it was alright both times? Yes. U were asked why u couldn’t remember certain emails?
    253 Yes. This was in 2008/2009, have you ever reviewed them b4? No. Do u remember how many emails u had? Many. It was thousands? Yes
    254 So more then 13,000 emails right? Yes. Do u remember when Panish said a email was sent to ur private email? Yes
    255 Your honor the email address is redacted. Putnam. Your honor it was them who wanted all the email addresses redacted. Panish
    256 Judge: both sides have had redactions done for various reason. “We didn’t redact email addresses” Putnam
    257 Judge: Let’s carry on or we can have a side bar. Carry on. “I would like a sidebar” PANISH
    258 Putnam produces a document to PG which hasn’t been on the exhibit list to show the Kzoodi a/c was closed June
    259 When you can’t recall seeing an email email what do u say? I don’t recall. Do you deny it? No, do u refuse 2 answer? No
    260 Who is that email from? It’s from Randy. 08/09 at the height of “TII” how many emails did u get? Hundreds. Did u read all? No
    261 Why not? Just didn’t have time. Is AEG in LA? Yes. Do u have an office ther? No. Why not? I don’t need to be there. Why? Not office based
    262 Are you CEO of AEG? AEGLive Concerts West. Why. I WAS THE FOUNDER OF THAT COMPANY. WHen was that? 2000
    263 So you didn’t have a office? No. How do you read your email? On my computer. Where is that? Always with me. Since ….Objection
    264 Sorry, have you looked at those emails? Yes, I wanted to look at them so I can go back to where my mind was at that time
    265 Have you tried to give your best testimony? Yes I have. Do u remember calling Dr Murray bout $5mil? Yes. You gave interview 2LAPD? Yes
    266 Did you tell them everything you knew? Yes. And if you didn’t remember anything what did you say? I don’t recall
    267 Did you testify at the Murray trial about the meeting at CarolWood? Yes. And you remember first time u saw Murray? Yes
    268 And you were able to testify about your two meetings with Dr Murray? Yes. Do you recall seeing Murray any other time? No
    269 When was the first time you got into concerts? At college. Why? It was something I wanted to do. What was your degree? Accounting
    270 Did you promote show after college? I worked as auditor for Author Anderson. Is that the well know AA? No they shut down
    271 Oh, why is that? They were involved in a scandal. Do u remember What u said bout ur license in Ur depo? No. Ok let’s help refresh ur recltn,
    272 Did You testify your CPA license wasn’t In good standing? Yes u need further studying. Did u say that in ur depo? Yes
    273 When did your license expire? It was back then. Where for? NY & Washington. Did u do accounting work again? No. I wanted 2 do other things
    274 When u left accounting did you get another job? No. What did you do? i went ski bumming. Worked a little to pay 4 my lodging
    275 Sept 92 had a show with The Grateful Dead? Was it success? Yes sold out. How did you get them? Don’t know
    276 Then what happened? I had to pay everything back. Who? The investors I borrowed money from for the show. Then you did more? Yes many
    277 what did u do next? I went to work 4 ConcertWest. Tom HULLET. I promoted shows, Beach Boys……..blah blah
    278 P. GONGAWARE STOLE CONCERT WEST TRAD MARK FROM TOM HULLET. Please see our sit “How AeGLive stole ConcerWest trademark”
    279 Email frm Gabriel Sutter: sorry to hear.about MJ and all the consequences for. Who is that? Didnt know then, someone frm Dangerous tour
    280 Thanks Gab I was working on the Elvis tour when he died so I knew what to expect. Still quite a shockPG
    281 What do you mean, “you knew what 2expect” Well so many people were out of work, some permanently. Whn Elvis died. Did u expect MJ 2 die? No
    282 Do u have understanding why MJ died? Yes, he died from overdose of propofol. Did it have anything to do with stamina/nutrition? No
    283 Did you know MJ was having propofol? No. What was ur job on Elvis tour? Colonel would send me out then report on sales
    284 Do you have understanding of how Mr Presley died? It was a heart ailments . Did he die of propofol? No
    285 Did you ever meet Mr Presley? No. Did you know Mr Presley had a drug problem? Not at the time but later bc Colonel wouldn’t let him perform
    286 You were working for ConcerWest at the time? Yes, I was assigned to The Colonel. This email Cobb was a friend of a friend? Yes
    287 She wrote “you’ve been on my mind with passing of MJ, I imagine you’ve been hustling to put together the memorial. “. Yes
    288 What’s the memorial? It was memorial for Michael, lots of people spoke, it was televised worldwide. Did you work on it? Yes
    289 Did you charge for the the seats of this memorial? No. Why did you do it? It was right thing to do. Did u work with MJ’s fam on it? Yes
    290 Time you were working for ConcertWest in Seattle, did you leave? Yes I worked for them in LA, stopped work for them in 1984
    291 Then what did you do? Terry Bassett who was part of ConcertWest bought a piece of Warren Miller films, I worked 4 them on ski movies
    292 They made feature film once a year, and some commercials worked with them 3/4 yrs, then i some did freelance film work
    293 Then went to work on Dangerous tour with MJ in 92. Did work with Jackson’s in 2000. Believe I worked on one other tour with MJ.
    294 How did you get the job on Dangerous tour? I was hired by MJ Co manger. Mr jim Morry. Did concertWest have part in that tour? No
    295 When you came to work on Dangerous who were you working for? working for MJ on B party on logistics. Who was promoter? Marcel in Germany
    296 The high achy, where did you fit! Up here? No way at the bottom. Did you work on A party at all? No. did you book anything for A party? No
    297 Was it world tour? Yes. Did u meet MJ? No, did u seeMJ?On some shows rarely. When did u meet MJ? I was in Vegas, MJ came 2meet Col.Parker
    298 Was ther Dr’s on tour? Yes, 1was Forecast he was MJ’s personal physician. How did u know that? Don’t know. Was he tour Dr? NoFinklestein was
    299 Was it ur understanding Dr Finklestein was MJ’s Dr? No he was there for all the tour bc we were going through a rough period
    300 Did Finklestein ever tell u he treated MJ? Yes, MJ did a show, it was very hot, MJ wasn’t able to perform after. But King of Thailand
    301 ….Didn’t want us to leave, so Dr Finklestein treated MJ because Dr Forecast wasn’t there yet. Did he tell u what he did? Objection
    302 Did you hear any details of what that treatment was? No. Do u know how long ur depo was? Couple hundred pages. Did u make any chng? Few
    303 Do you see list of these changes? Yes. How many r there? 7. Did u make these changes or did ur attorneys did? I did. See ur signature? Yes
    304 Why did you make those changes? Because some things stood out. And u signed this “I PG under penalty………”? Yes I signed that
    305 During Dangerous tour did you know MJ had probs with drugs? No. Did u know why the tour was canceled? Yes after ward when MJ made an anuncmt
    306 How did u know? It was in the media. ….The announcement was then played in court…. Michaels sweet voice echoed in court room…………
    307 So it turns out the image of the hard drive has been in the care of an attorney called Mason. AEG called Mrs Dileo saying Putnams firm…..
    308 Is repping her. Putnam denied any knowledge of it. Jaxn attorneys are issuing subpoena asap….. for recovery of hard drive
    309 Paul Gongaware-1 | …


  26. Lopsided man permalink
    May 31, 2013 4:40 pm

    Did Gongaware testify that Randy Phillips told him on June 25 that he heard about Michael’s death from John Branca?

    Is this Gongaware’s “bad memory” or is this the new official line from AEG?


  27. May 31, 2013 4:41 pm

    And here is today’s news from the trial. The ABC7 tweets:

    Friday morning session only, May 31 DAY 21
    1 Good morning from the courthouse in downtown LA. Apologies for not tweeting entire MJ message yesterday, but we reached twitter limit! 😉
    2 You now have the complete text of the announcement. Paul Gongaware back on the stand. Details of his testimony coming as soon as we can.
    4 Marvin Putnam resumes questioning of AEG’s Paul Gongaware. Katherine Jackson is wearing an orange jacket and Rebbie is in a black jacket.
    5 Putnam asked Gongaware if he had any understanding as to why MJ was taking painkiller.
    6 Gongaware: Before 3rd leg of Dangerous tour started, he had scalp surgery, hit nerve or something it was very painful; was treated for that
    7 When he did the Pepsi commercial, his hair was burn at the top, Gongaware explained, saying they did surgery so hair would look natural.
    8 I didn’t know it was an addiction, Gongaware said, and that he learned MJ had drug problems after Mexico City.
    9 Gongaware did a Rod Stewart tour in North America after Dangerous tour. He next worked with Michael in the “HIStory” tour in 1996/97.
    10 Gongaware said he did not have a general concern with MJ having a drug addiction.
    11 After shows ended in Hawaii, Michael had lost $27 million, was in debt $11 million to lighting and sound, Gongaware testified.
    12 He switched managers to fixed things up in the second half of the tour, Gongaware explained.
    13 Gongaware said he had to cut lot of expenses. They wanted to give Michael the same show, but he said there was so much excess to be trimmed
    14 Second half of the tour, Gongaware was the tour executive and he worked directly for MJ. It netted$14 million, $11 million paid vendors.
    15 We got the tour to break even, Gongaware testified, saying he worked closely with Jackson on the second half of the tour.
    17 Putnam: Was there an ongoing concern Mr. Jackson was having problems with painkillers during the HIStory tour?
    16 Gongaware: No, not at all
    18 Gongaware said he didn’t see anything that would suggest Michael was addicted to painkillers.
    19 The exec testified MJ didn’t have doctor traveling with him on the second half of the tour and there was no tour doctor with the tour.

    21 Putnam: How was MJ on the HIStory tour?
    20 Gongaware: Great! He was sensational!
    22 Gongaware said MJ only missed one show on HIStory tour when Princess Diana died. “He went to bed, knew about the accident.
    23 MJ was told Diana was going to be okay and next morning he learned she died, Gongaware described. “That affected him greatly.”
    24 Gongaware said he missed shows in Dangerous tour but not in HIStory tour.
    25 Putnam asked if there were signs MJ was using painkillers during HIStory tour. “No indication at all. I didn’t think he was,” Gongaware said
    26 Gongaware said he would certainly notice if there was any problem during that tour.

    27 Gongaware said HIStory tour was pretty smooth. It ended in 1997. Right after, Gongaware said Michael called him as asked him to work for him
    28 He liked my work, he liked what I did, Gongaware said, adding that MJ wanted him to be his business manager.
    29 Gongaware said he didn’t accept the offer and decided to go out on his own to promote concerts.
    30 He was tempted, Gongaware said, but he had lined up what he wanted to do. He worked with Yani next.
    31 Gongaware and his partner, John Meglen, created Concerts West in the late 90s.
    32 Concerts West started out with concerts of Andrea Bocceli, Mariah Carrey, Eagles and Millennium at Staples Center.
    33 AEG acquired the assets of Concerts West around 2000, Gongaware said, and Concerts West became AEG Live. Randy Phillips is AEG’s CEO.
    34 Gongaware said he made a deal that requires him to work only half time starting this year.
    35 Gongaware said AEG Live is the second largest concert promoter company. Live Nation is the first.
    36 Our philosophy is different, Gongaware said, adding they choose what they want to do, whereas Live Nation has to meet their quota.
    38 Putnam: Would you like to be number 1?
    37 Gongaware: No. It’s so much bigger, it gets so much more complex. I’m happy being a good number 2
    39 Next time Gongaware worked with MJ was in “This Is It” tour. Peter Lopez, MJ’s attorney, called Gongaware’s partner in 2007, asked to meet
    40 From 97 to 2009, MJ did not do any touring, only a couple of shows.
    41 Gongaware said he went to Vegas to meet with Michael in 2007. The meeting was to discuss how AEG did tours, didn’t talk about MJ touring.
    42 They met again in 2008 also in Vegas. “Paul Gongaware! I knew that if you came, things were going to be ok,” Michael said about him.
    43 Mikey was not meant as insult, Gongaware said. He was not trying to mock him, would use Mikey in person with MJ.
    44 Putnam: Did he seem thin in 07?
    45 Gongaware: Yes, he was always thin
    46 Putnam: Did he seem to have a problem with painkillers?
    47 Gongaware: No
    48 P: Did he seem to be under the influence?
    49 G: No

    50 Gongaware said MJ was alert, engaged, interested on what was going on in the meeting in 2007. He wanted to do a King Tut mini-movie.
    51 Gongaware said when he went on tour with MJ in HIStory, he wasn’t on any drug.
    52 The next meeting with MJ was in NY. Gongaware didn’t remember what they discussed.
    53 Sometime in 08, they began discussion of MJ going back on tour. Dr. Tohme, MJ’s manager, approached AEG.
    54 Randy Phillips was primarily the one involved in the discussions with Dr. Tohme and Peter Lopez regarding the comeback tour.
    55 The meeting in 2008 began with discussion of a possible MJ exhibit at the Hilton in Las Vegas.
    56 Colony Capital is an investment company that bought the note of Neverland, Gongaware said. By ‘note’ he meant the ‘mortgage’.
    57 Neverland was MJ’s residence in Santa Barbara, Gongaware explained. “They (Colony) were trying to figure out what to do with Neverland.”
    58 Gongaware talked about being at MJ’s house at Carolwood when the singer signed the contract with AEG for the “This Is It” tour.
    60 Email on 2/11/09 from Bob Taylor to Gongaware:
    59 Thanks Paul. I now have the medical and blood reports. Look good.
    61 Email cont’d: I now need more info of what is available. This will help with the presentation to the insurers.
    62 Email showed a line where Taylor said: 1- (I am trying to show that we are not working him too hard)
    63 Another request from insurance broker: I would like to offer insurers a medical update say every 21 days.
    64 Response from Gongaware:
    65 I’m not ready to put anything in writing.
    66 Gongaware said it was because he didn’t have the answers.
    67 Gongaware said he did not have concerns with MJ abusing prescription drugs.
    68 It just confirmed what I believed, that he was fine. He wasn’t doing any drugs, Gongaware said about the results of Mj’s physical exam.
    69 We needed to front all the money, Gongaware said. “He didn’t have the money, so he needed us to do it.”
    70 AEG produced/promoted TII tour.
    71 Tohme, MJ’s manager, told AEG about needing the money. Gongaware said Tohme emphasized several times that Michael needed to make money.
    72 Gongaware said MJ and Ortega figured out the creative elements they wanted and Gongaware had to figure out how to make those them happen
    73 Gongaware said the initial phase of rehearsal was done at Center Staging in Burbank, but venue didn’t have room for production elements.
    74 They moved rehearsals to The Forum, which didn’t have high ceiling to hang the lights. Then they moved to Staples Center.
    75 After the morning break, Gongaware said MJ chose “This Is It” tour as the name because it was going to be his last.
    76 Gongaware said they weren’t sure how MJ tour would do. “Because of the kid thing, we wanted 2 go 2 the strongest market and that as London”
    77 Gongaware: You never know what kind of business a tour will do. We had no idea the demand, we wanted to make sure it was successful.
    78 Initially, they had 31 shows scheduled. Gongaware said Prince had done 21 shows at the O2 arena, and Michael wanted to do 10 more.
    79 You didn’t know what the ticket sales would be, Gongaware said. So they announced only 10 shows to test the waters.
    80 Demand was there obviously in the presale, Gongaware said. He talked to Tohme, asked for more than 50 shows. Tohme said MJ would do 50.
    81 On March 5, 2009, MJ held a press conference in front of O2 arena and announced the comeback tour. Gongaware was present.
    82 MJ was not on time, late a couple of hours. Gongaware said it didn’t surprise him since MJ didn’t like to do those things (press conference)
    83 Gongaware was a little annoyed but not surprised, he testified,
    84 MJ came up to me, gave me big hug, whispered in my ear ‘make sure the TelePrompTer has big words, I don’t have my glasses’ Gongaware said
    85 Putnam: Did he seem inebriated?
    86 G: No
    87 P: Drunk?
    88 Gongaware: No
    89 P: Smelled like alcohol?
    90 G: No

    91 Gongaware thought the presser was great. “The reaction of the press was really good, I think people liked he was returning.”
    92 Gongaware said they asked people to register on a website and only people registered could get into the presale to purchase tickets.
    93 He said that based on the response, they knew the tour was going to be a major successful.
    94 One day after that, Gongaware said MJ called him to discuss the tour. He said Michael chose Kenny Ortega to direct the show.
    95 MJ liked special effects, Gongaware said. He put together presentation for Michael with latest effects and made MJ promise he would show up.
    96 Demonstration was on 3/16/09 at Sony Studios. It had 3D on LED that was never done before, pyro and new type of flame.
    97 Putnam showed clip of TII documentary where they ave the pyro effects that were going to be used.
    98 Jackson loved it, Gongaware said, adding MJ didn’t seem to be bothered with pyro usage.
    99 Gongaware said there was a pretty cool water fountain effect shown and not used. “It was messy,” he described.
    100 In the demonstratiin, MJ was great, Gongaware said. “He was really engaged, as he saw all the effects he got really excited.”
    101 Gongaware said he had no concern MJ had drug problems, didn’t seem slow or lethargic in March of 2009.
    102 A meeting was scheduled for March 17, 09. Gongaware emailed MJ’s assistant that only MJ and Kenny Ortega should be in that meeting.
    103 MJ and Ortega were the creative forces and needed to find the show’s path before including everyone else, Gongaware explained.
    104 Regarding Kenny Ortega watching out for MJ’s health, Gongaware said no one at AEG asked him to do that.
    105 Gongaware thought Ortega watched MJ out because they were friends and worked together.
    106 Judge then adjourned trial until Monday. We ended up having only the morning session. Gongaware expected on the stand Monday and Tuesday.
    107 Gongaware will join The Rolling Stones tour this weekend, but will return on Monday to resume testifying.
    108 Today at 4 pm PT on @ABC7 Eyewitness News, we’ll show an interview w/ Jackson’s attorney, Brian Panish, reacting to Gongaware’s testimony.
    109 You can watch the story on as well.
    Hope you have a great weekend and see you on Monday!

    The TeamMichaelJacksontweets:

    110 Sitting outside court in the hallway with attorneys and media. Mrs Jackson has arrived is sitting in courtroom.Judge is hearing another case
    111 Did you have understanding why MJ was on pain killers? On Dangerous tour. Yes? MJ had scalp surgery, they hit a nerve
    112 Do you know why? When he was on Pepsi tour his head lit on fire, so they did a scalp reduction
    113 If Finklestein testified and said you knew about MJ’s problem with drugs would that be true? No
    114 Did you work with MJ again after Dangerous tour? Yes History tour. Did you start in 96? Just as it was beginning
    115 How did you come to work on that tour? I wasn’t going to work on it but Marcel called me from the hospital saying I had to help
    116 What did you do? I promoted it in Indonesia, then in Hawaii. Did u have concern MJ had probs with meds? No, not really
    117 So u didn’t see much, why?Well I was busy setting up the tour, it took month. U also set up Hawaii yes? Yes in between I had to travel
    118 Did time come your job on history tour changed? Yes MJ was in debt to 4 $11mill.& MJ lost $26mill, so promoter changed
    119 What was your job on 1st part of show? Yes we were able to cut lot excess cost. Who were you working for on 1st half? Myself
    120 And who were you working for on 2nd half? MJ we made enough, Millions 2 pay off the vendors and MJ made profit
    121 And you didn’t have much contact with MJ? No I was working on other areas of the tour so didnt come into contact with MJ, was building tour
    122 Did you travel with A or B party on 1st half of the show? I travel on my own because I was flying to other continents setting up the show
    123 Did you ever see MJ whereas he had any problems with any prescription medication? No. Did you know if MJ have Dr 2nd half of the tour? No
    124 Was there any tour/personal Dr on 2nd half of History tour? No. How was his performance? He was SENSATIONAL. shows missed Yes when L.D died
    125 Was there lots of shows? 10-12 per month. Where did he perform? Hawaii, Indonesia, Europe around the world, no S.America
    126 Did you think during History show MJ was on pain killers? No, certainly not, we would’ve noticed
    127 As you sit here today were there any notable incidences? One time in Scandinavia our our security insisted on extra security
    128 .. It so happened someone escaped from mental asylum and tried to set fire on stage, but they quickly got that under control
    129 Did you have any other contact with MJ after History?Yes MJ called me wanted me to work for him to handle his business/companies
    130 Did you accept the offer? No. Why? I wanted to go out & be on my own, had lined up I wanted to do promoting
    131 Did you meet with MJ? No we just had a conversation. Then what did you do? I did a tour with “Yani.” Then what did you do?
    132 John Meglan & I gathered our money & got into ConcerWest. What did you do? Tours with Mariah Carey&others. Concert West was owned by you? Yes
    133 Did Concert West cease to be by itself? Yes AEG acquired it. When? 2000. Who is CEO? Randy Phillips.
    134 Are you working any less days then you used to? Yes I acquired a deal so I only have to work part time
    135 Did AEG improve Concert West? Yes we do thousands more tours around the world. Is AEG the biggest CP? No 2nd, Live Nation is biggest
    136 Are they bigger then you? Not really they have a obligation to fill their buildings we don’t. Dont AEG own buildings around the world? Yes
    137 Wouldn’t you like to be number 1? No, it’s so much more bigger I’m happy being No.2. When was next time you worked with MJ? TII
    138 When was next time you met MJ? It was in Vegas, Peter Lopez called us to meet with MJ. Why? To get acquainted
    139 But you already knew MJ? Yeah I know he called so we went anyway. Did MJ tour again in 20 years? Yes Two concerts, Koreas&
    140 Who was at this meeting? Raymone Bains, Peter Lopez,& other & attorneys. Who is Raymone Bains? Said she was his manager
    141 What did you do at meeting? We has “sizzle reels” showed MJ what AEG does. Why? Just to a visual presentation
    142 Putnam: sorry correction MJ had not toured in 12 year
    143 What was the meeting about touring? No. Any discussions about tour? No MJ got excited about King Tut on our reels
    144 What is King Tutt? We had artifact. What did you do with them? They were laid people would walk round&look at them, in conjunction with museums
    145 MJ was excited? Yes he was a huge fan of King Tutt, he wanted to do a mini series so he became more involved, we had 2nd meeting
    146 Who was at meeting? PL, mini series screenwriter myself John Meglan + others. What was it for? He wanted to talk about King Tutt mini series
    147 What? They presented what we were doing ,Why did they come to you? We were involved with TV ….OBJECTION
    148 Did you talk about MJ going back into touring with you? No. How did he seem? He was great, actively engaged, clear thought, engaged
    149 Did he seem thin to you? Michael was always thin. 08 King Tutt meeting how was he? He was good, alert, interested
    150 What happened after that? We told him we will take it back to the TV dept. about him wanting to do MS, then we sent it over to Walden films
    151 Then what happened? They were not interested, didn’t think it was buyable product. Any other meeting? Yes in NY, can’t remember what for
    152 Any other meeting with MJ after that? yes. who was there? Tim Levitton, R. Phillips. John Meglan. Peter Lopez ++
    153 Was about King Tutt? No. Was it about music? I can’t remember. Was there talks about MJ going back on tour? Yes TT approached us
    154 Previously P. Lopez his attorney approached you & now Tohme Tohme? Yes. Who was he? He was MJ manager, didn’t contact me. Contacted oth for tour
    155 What happened at that meeting? It was primarily Randy involved. Who else? P.Lopez. TOhme Tohme, It was at Hilton which ..Colony Capital own
    156 Colony Capital were going to buy the note on Neverland pay the mortgage off and TT was things to help MJ’s financial situation MJ was in
    157 What do you mean “bought the note” on Neverland? Colony Capital took on the obligation because previous owners of note were about to foreclose on Neverland
    158 So who was there? Tohme, Mr.Nenulla.. Lopez. Who were they? Colony Capital! MJ manager, MJ attorney & others
    159 What was meeting about? It was said from the Colony side MJ was in debt, they were interested in taking Neverland to create a museum of sorts
    160 Or something like that. Who was explaining this? I think it was coming from Mr. Nenulla. Colony Capital, Tohme was aware what was going on
    161 Putnam asked numerous questions in regards to this Neverland financial state all were objected sustained. ….side bar.. More objections
    162 What other discussion were there? Well it was Randy & Tohme. OBJECTION. Sustained
    163 Were YOU involved in oth discussion? Yes internal with Meglan & Randy in regards to how we were going to do this tour with MJ. When? 08
    164 What do you remember about the meeting with MJ at CarolWood? What stands out is that MJ took time to read the entire contract
    165 How were you feeling about touring with MJ? I was very excited. Why? It’s a Michael Jackson tour, it was always very exciting
    166 Did you notice if MJ had problems with prescription meds? No, not at all I always looked out for that. You were asked about MJ physical? Yes
    167 Shows email Taylor to Gongare “Hi Paul we now have medical & blood reports, looking good, housing etc, etc, re UK tour
    168 Did you have any concerns at that point 2/9 MJ had problems with drugs? No I didn’t know he was doing drugs and all that
    169 Did you have any role in the physical, did you see the medical report, or anyone else at AEG? No. Why did MJ want to tour with AEG? Don’t know
    170 Talked at length about types of acts AEG does,bla bla blah, another promotion point for Putnam to promote AEG,,,,,,,,,
    171 PG:MJ didn’t have the money to tour,he needed our advances. Tohme was specific about “Michael needs to tour, needs this money”
    172 What were you doing? Biggest thing was keeping up with Michael&Kenny, they would come up with all these ideas, I had to figure out cost..
    173 I had to also be involved in the 3D sides, everything on production of the tour was all my responsibility
    174 more tweets to come


  28. June 1, 2013 7:06 am

    “Did Gongaware testify that Randy Phillips told him on June 25 that he heard about Michael’s death from John Branca? Is this Gongaware’s “bad memory” or is this the new official line from AEG?’ – lopsided man

    A good question. It seems to me that now it is the official line from AEG. Yes, judging by the tweets Gongaware did say that Randy Phillips learned of Michael’s death ‘from Branca’.

    But at Murray’s trial Randy Phillips testified under oath that he heard about Michael’s death from Frank Dileo. As far as I remember he said Frank called him at “10 in the morning” and he immediately went to Carolwood drive only to see the ambulance leaving the house – which was about 1pm. Later on Phillips corrected himself about the time.

    But due to this controversy about time I also remembered that it was Frank Dileo (and not Branca). The fact that AEG wants to involve Branca in this story seems to me somewhat strange. There is something artificial about it. This is one of the points I would very much like to be clarified in the future.

    And the fact that WR is simultaneously makes claims against the Estate and Michael’s companies makes it all the more stranger to me. We should be on the look out for all the news in this respect.


  29. June 1, 2013 7:28 am

    Yep, we need John Branca on the stand!


  30. June 1, 2013 8:10 am

    “Yep, we need John Branca on the stand!” – Susanne

    I think John Branca is on the list of the witnesses, subpoenaed by both Jacksons and AEG if I am not mistaken. We will see. All we need is full transcripts of the trial.


  31. Lopsided man permalink
    June 1, 2013 7:23 pm

    I can’t emphasize how significant the timeline is in the investigation of Michael’s death. Just compare a detailed list of Murray communications on his 2 cell phones (email and calls) to his interview with LAPD on June 27 and they just don’t match up.

    For instance, it appears that earlier that morning, Murray was very willing to comply with Lloyd’s of London’s request for the release of Michael medical papers….UNTIL 11:17am – which is within the time frame Dileo and Phillips say they received word of the emergency. As we know, at 11:17am, Murray emailed Bob Taylor to inform him that Michael was in great health, and that Michael had denied the request for his medical records.

    If Michael was still alive at this point why wouldn’t Murray just wait until Michael was wide awake and not heavily sedated to bother him about his medical records?! Doesn’t make any sense.

    I just can’t help but wonder if Murray wasn’t directed to send this email from people at AEG (the policy’s beneficiaries), to create the impression to Lloyd’s that Michael was the one who had been evasive – and as far as they knew he was perfectly healthy (the official AEG position in 2009). This email would seem to be more of a priority for them than Murray, at that particular point in time.

    It’ll be VERY interesting to get a look at Dileo’s phone calls and emails on that morning; as well as knowing Randy Phillips’ actual whereabouts. Since 2009, members of the Jackson family and their associates have claimed that Phillips was seen either near, or on the property before 911 was called.

    Frank Dileo’s account [CNN Larry King Live; Wed. Aug. 5, 2009]:

    Dileo was having lunch the Beverly Hilton, when he receives a call from a fan who sees an ambulance in front of 100 North Carolwood Drive. Dileo hangs up, calls Michael Amir Williams (aka “Brother Michael”) about it. M.A.W. says he’s heard about it, and that he was on his way to the house. Dileo then calls AEG’s Randy Phillips about the ambulance; since Randy Phillips is closer to the house, Dileo tells him to get there as soon as he can, and that he’d meet him at the house. When Dileo arrives at the house, he was told they’d left for UCLA Medical Center. Dileo arrives at UCLA, waits with Phillips. Tells Phillips, “I think he’s alive. We have a shot here he’ll be ok.”

    Frank Dileo’s account [Raffles van Exel interview; Nov. 4, 2009]:

    The morning of June 25, 2009 – Dileo wasn’t scheduled to go to Staples Center until 4 o’clock that day. Was having an early lunch with a friend at Beverly Hilton Hotel. At 11:30am Dileo receives phone call from fan asking if he knew that there was an ambulance at 100 North Carolwood Dr. Dileo says he called Michael Amir Williams, who confirmed that he knew about the ambulance. M.A. Williams says he was leaving his apartment and going to the house. Williams mentioned that Dr. Murray was with Michael at the house. Dileo hangs up, and calls Randy Phillips (Dileo says Phillips was at the cleaners), tells him about an emergency at Michael’s house and to get there right away, since he was closer.


    Randy Phillips’s account [Testimony in Conrad Murray’s criminal trial; October 25, 2011]:

    *Sorry, I can’t find a complete transcript at this time…

    Randy Phillips says he received a call at 10:30am – 11 o’clock in the morning from Frank Dileo saying that Michael wasn’t breathing. Says he got into his car and arrived at N. Carolwood Dr. in 15 minutes.


  32. June 3, 2013 2:10 pm

    “As we know, at 11:17am, Murray emailed Bob Taylor to inform him that Michael was in great health, and that Michael had denied the request for his medical records. If Michael was still alive at this point why wouldn’t Murray just wait until Michael was wide awake and not heavily sedated to bother him about his medical records?! Doesn’t make any sense.” – lopsided man

    I think Michael had been dead by that time and Murray simply did not notice him dying. He was so busy with all those emails that he had no time for Michael. If he hadn’t had to send all those messages Michael would probably be alive now.
    As regards refusal to provide the medical records Murray could have spoken to Michael much earlier – even when Michael arrived from the rehearsal.

    Long time ago one of our authors (MOA) sent me a chart of calls and emails that morning. Here it is just to refresh those events in our memory. The medications are listed the way Murray described them. Of course he didn’t say a single word of truth:

    Texts, emails & calls on June 25 from 5:54 am to 1:23 pm
    “Treatment” & events in the room

    about 1:05 2 mg of lorazepam
    about 2:00 2mg of midazolam
    about 4:30 2mg of lorazepam

    5:54 email from Bob Taylor
    6:31 text
    7:01 Andrew Butler 25 seconds
    7:30 2 mg of midazolam
    8:36 Text from Texas
    8:49 Antoinette Gill 53 seconds
    9:00 Text/Texas
    9:11 Text/Texas
    9:23 Marissa Boni 22 min
    10:14 from Acres in Houston (Murray’s Texas practice) 2 min
    10:22 Dr. Joanne Prashad 111 seconds
    10:34 Stacey Ruggles (Murray’s personal assistant) in San Diego 8,5 min
    10:36 Text/Texas
    about 10:50 25mg propofol
    11:07 Stacey Ruggles 1 min
    11:17 email to Bob Taylor (correction: Bob Russell)
    11:18 Murry’s Las Vegas practice 32 min
    11:26 Bridgette Morgan in California 7 min
    11:49 call to Bob Taylor 3 min
    11:51 Sade Anding 11 min Murray outside of the room but came in and see MJ in resp. arrest
    12:03 Text/Texas
    12:04 Text to Texas Murray inside the room then going to Chase and bringing up Prince?
    12:12 Murray calls Michael Amir Williams 1 min Murray inside the room doing “cpr”
    12:15 call from MAW 1 min Murray inside the room doing “cpr”
    12:26 Paramedics came
    1:08 Murray calls Nicole Alvarez while in ambulance 2 min
    1:23 Text / Nevada


  33. June 3, 2013 2:25 pm

    “- Dileo wasn’t scheduled to go to Staples Center until 4 o’clock that day. Was having an early lunch with a friend at Beverly Hilton Hotel. At 11:30am Dileo receives phone call from fan asking if he knew that there was an ambulance at 100 North Carolwood.
    – Randy Phillips says he received a call at 10:30am – 11 o’clock in the morning from Frank Dileo saying that Michael wasn’t breathing. Says he got into his car and arrived at N. Carolwood Dr. in 15 minutes.”
    – lopsided man

    Just a moment, please. As regards Randy Phillips we know that he spoke about 10 o’clock in the morning as the time when Dileo called him (this he later corrected during his testimony).

    But I did not notice that Frank Dileo spoke about 11:30! If your quote is correct, first of all there was no ambulance at Carolwood drive yet (it will arrive in an hour only) and the ‘fan story’ is then complete fiction and second, 11:30 may be the time when Murray indeed informed Dileo of the ‘problem’ and Dileo blurted it out in an interview without realizing what he said.

    And what he is saying is that he learned about Michael’s death an hour before the arrival of the abulance and the time declared by Murray. On the other hand he could have simply made a mistake.

    It will be indeed extremely interesting to see what information can be retrieved from his emails.


  34. Lopsided man permalink
    June 3, 2013 6:35 pm

    I think Dileo’s 2009 interview with Raffles is still on YouTube.

    Re: Dileo/Phillips timeline

    It seems unlikely that Dileo and Phillips would both make the same mistake in 2009 and 2011, about learning of the emergency/or Michael’s death within the 10:30am and 11:30am time frame.

    Here’s Dr. Arnold Klein’s account of June 25, 2009 to TMZ on Nov. 6, 2009. Klein tells TMZ’s Harvey Levin about a phone call his office received that morning from Frank Dileo. Although he gets his story mixed up at the end, he clearly suggests that Dileo and Phillips knew about the emergency earlier than anyone else.

    “Harvey Levin: I do have something else that came up when we talked on Sunday….

    Arnold Klein: Sure.

    Levin: ….about a phone call that came to your office during the emergence when Michael Jackson was taken to the hospital, by one of Michael Jackson’s people.

    Klein: Yes. Frank Dileo called my office. Now, here’s the question that always remains: Who was called by Dr. Murray? We know I wasn’t called, contrary to what a certain doctor [likely referring to Dr. Steven Hoefflin] said. Again, this lovely doctor said I was called. but who was called? And, I mean, is it public who was called? Do people publicly know who was called?

    Levin: No

    Klein: Okay. But there’s been conjecture about many people who’ve been called.

    Levin: Right.

    Klein: And one conjecture was that the head of AEG was called. That’s a conjecture. One was Frank Dileo , who used to be his manager, was called, and whoever the third call was, was supposedly a patient who was suing Dr. Murray. Okay? That was supposedly what the third call was about, and that’s my knowledge. I can’t say for fact and it may be a big lie, but that’s what I was told.

    I was told one call went to a patient who was suing Dr. Murray – that’s the first person he talks to after his patient has died, next thing went to the head of AEG, then they talked to Frank Dileo and these were the three calls.

    And I know fairly well, I was assured yesterday that the first call was to this patient who was very angry…”


    It seems Murray actually found Michael dead sometime between his 2 phone calls to Stacy Ruggles at 10:40am – 11:07am. I think during that time Murray checked to see if there was a pulse and there wasn’t one (contrary to what he would tell EMTs that day). He probably tried to resuscitate Michael to no avail. Not knowing what to do, he reaches out to AEG.

    This raises a number of questions; among them, “How long was Conrad Murray away from Michael prior to 10:40am?


    Here’s the reason I believe Murray was about to comply with the Lloyd’s request for Michael’s files:

    5:54am – email from Bob Taylor, Lloyd’s of London insurance broker, inquiring about Michael’s health, wants confirmation that Murray was the only doctor who was being consulted for This Is It. Taylor requests release of Michael’s medical records since 2006.

    {Murray was asked by AEG in an email on June 18 to release Michael’s medical records to Lloyd’s so they could get cancellation coverage.}

    9:45am – email from Murray’s Las Vegas practice containing medical records for “Omar Arnold” – alias for Michael – since 2006.

    {Bob Taylor’s request was forwarded to Global Cardiovascular & Associates this morning.}

    If Michael had refused to turn over his med. files, Murray would’ve told AEG first before denying the request to Lloyd’s, as Murray answered to AEG, and AEG were the ones who asked for it. AEG in turn would’ve tried to compel MJ into turning the files over. There is no reason for the rush in sending that 11:17am email, UNLESS AEG and Murray knew that Michael was already dead, and AEG had to act fast because Murray could only stay alone upstairs with Michael’s dead body for so long.

    So, having been given a ‘heads up’ on news of Michael’s death BY AN HOUR, AEG sets out to portray Michael – through Murray, as being perfectly healthy to their knowledge. If news of some kind of medical emergency regarding Michael should reach Lloyd’s of London and the entire world in about, say, an hour and a half from now, AEG knew absolutely nothing. They could blame Michael’s evasiveness, and if “Michael’s own doctor” vouched for his great health, who were they to believe otherwise (while still requesting $17 million)?

    This email would have been low on Murray’s list of priorities at the moment.


  35. June 4, 2013 2:01 am

    “Klein: I was told one call went to a patient who was suing Dr. Murray – that’s the first person he talks to after his patient has died, next thing went to the head of AEG, then they talked to Frank Dileo and these were the three calls.” – lopsided man

    What Klein is saying is very much in line with the phone-calls we know of (some of them were probably not disclosed to us). I for one could never understand why Murray called everyone except his immediate bosses (AEG) and Michael’s manager, but judging by the data provided to us he didn’t (?). I also wonder who told Klein about those calls and why dodn’t we know anything about this person?

    What we know is this, and Klein’s account fully coincides with it:

    11:17 Murray sends an email to Bob Taylor saying MJ refused to provide medical records
    11:18 a call from Murray’s Vegas practice comes and he talks to his patient who threatened to sue him. 32 min
    11:26 Bridgette Morgan called Murray but he did not answer, Murray is talking to his patient
    11:49 Murray calls Bob Taylor (correction: Bob Russell) 3 min
    11:51 Murray calls Sade Alding (She said “He didn’t sound like himself to me at all”)

    It looks like Michael is already dead and Murray is maybe hiding this information from the insurers in a desperate attempt to get this insurance at the last minute (?). A call from his patient is a necessity and he can’t avoid it, and a call to Sade Alding is meant as a cover-up for all the mess (“everything is fine”). But she says he didn’t sound like himself at all, then dropped the phone and she still listened and heard voices and a couph.

    I found a more detailed account of the events that morning in my own post made during Murray’s trial:

    The description of all calls to and from Murray’s cell phones that morning is found in the testimony of Detective Myers at the preliminary hearings.

    Most probably his testimony will come during this very week but I am too impatient to wait for it and will base my conclusions on what Dan Myers said previously.

    Murray’s calls will enable us to draw a timeline of the events, determine the real background for what was happening in that room on June 25, 2009 and compare it with Murray’s story told to Detective Martinez and Smith on June 27, 2009.

    5: 54 am An email comes from London from Bob Taylor who writes that the insurers require full information MJ’s various medical conditions including the period of the 2005 trial or otherwise the insurance could be called into question. The email is long and demanding. It demands a 5-year medical record of the artist and lots of other information concerning press reports on Michael’s back injury, lupus, reasons why he appears in wheelchair, whether he has skin cancer, etc.

    …. 7:01 am Murray calls Andrew Butler. Butler says that Murray is his doctor and friend. He doesn’t remember if he received a call from Murray that morning but acknowledges Murray’s number (evidently in the printout of calls).

    8:49 am a call is placed to Murray by Antoinette Gill, his patient and friend. She says she spoke to Murray. The reason why she called is because she “received a letter in the mail indicating that he was not going to be in the office. Someone else would be seeing her, and that she called the doctor to ask, to inquire”.

    9:23 am a call comes in from a girlfriend of Channel, Murray’s daughter.

    10:14 am a call comes from Acres Home And Cardiac Care, the clinic where Murray practiced in Texas.

    10:22 – 10:24 am a call comes from Dr. Prashad. It is a consultation about one of Murray’s patients. The prosecutor tells it all in one sentence: “So Dr. Prashad conveyed to you that in her short telephone call of approximately less than two minutes, 111 seconds, Dr. Murray was able to recollect the patient that she was referring to, provide her with necessary information concerning that patient’s current prescription and medication needs, as well as a previous procedure some two months earlier that Dr. Murray had conducted on that patient?” “Correct”.

    10:34 am a call comes from Murray’s personal assistant Stacey Ruggles . They “discussed a document that was to be drafted to the London medical boards indicating his pending arrival and what facilities may be available to him, if needed”. She says that Dr. Murray doesn’t sound distracted or tired, as Detective Myers testifies:

    Q. Dr. Murray was directing her, requesting of her to draft a letter concerning his activities at the upcoming tour in London?

    A. That’s correct

    Q. Did you ask Ms. Howe-Ruggles whether or not Conrad Murray seemed distracted or preoccupied at any time during the phone conversation that she had with him on June 25, 2009?

    A Yes, I did.

    Q. What was her response?

    A. She did not indicate that he appeared to be distracted or tired.

    11:07 – 11:08 am Murray places a call to Stacey Ruggles and speaks to her for one minute.

    11:17 am Murray sends out an email to Bob Taylor of the insurance company in London.

    11:18 – 11:49 am comes a call from Murray’s Las Vegas practice. It lasts for 32 minutes.


    Q Moving to 11:18 a.m., a call from (702) 862-0973 placed to (702) 866-6802. That call duration reflects 32 minutes. Detective, did you contact the (702) number that ends 6802 during your investigation to make determination as to who that number belongs to?

    A Yes, and I was actually at the location as well.

    Q What is that location associated with that telephone number?

    A It was Dr. Murray’s practice in Houston — in Las Vegas. It is known as global cardiovascular & associates.

    11:26 am a call comes from Bridgette Morgan over another cell phone. Murray does not answer it. He is talking to his Las Vegas practice.

    11:49 am a voicemail is sent by Murray to his patient Robert Russell which lasts 3 minutes. In his testimony Russell explained that on June 25 he called Murray’s office and expressed his frustration at continuous cancellation of his appointments with the doctor. Both his June 15 and June 22 appointments had been cancelled and he wanted to know where he stood. Only a few weeks prior to that he had been near death and now he had no information whatsoever and was not referred to any other cardiologist.

    When calling Murray’s office he said that he expected a return call or he would proceed to legal action. He said he felt abandoned and needed answers. In reply to his complaints a voice mail from Murray came at 11:49 am. In his message Murray was saying that the patient’s “heart was repaired”. Russell was pleased that Dr. Murray responded so quickly but was disappointed that there was still no information about another doctor to whom he could be referred.

    11:51 – 12:01 am Murray calls Sade Alding. She says that 5-6 minutes into the call she realizes that Murray is not responding. She hears a cough and mumbling of voices. She listens to that noise for some 3-4 minutes and then hangs up. She tries to call him again but he does not respond.


    Q Moving now to a call at 11:51 a.m., a call from Conrad Murray’s number ending 0973 to telephone number (562) 881-2570. Did you contact that (562) number during your investigation for purposes of determining who that number belonged to in June of 2009?

    A Yes.

    Q Who did you speak with?

    A Ms. Sade Anding.

    12:12pm Murray types a message from the same telephone to Michael Amir Williams, assistant to Michael Jackson. He is writing: Please call me right away. Williams calls him back at 12:13. “Where are you?” asks Murray. Williams says, “I am in downtown”. Murray: “Get here right away. He had a bad reaction!”

    Q Moving now to 12:12 p.m., we have a call from Conrad Murray’s 0973 number to (562) 881-2570. You verified that Michael Amir Williams, that was his telephone number in 2009, correct?

    A Yes, ma’am.

    1:08 pm Murray calls his girlfriend Nicole Alvarez by whom he has a son and with whom he is living in Los Angeles. In her testimony she said he told her that he was on the way to the hospital in the ambulance with Mr. Jackson and that she should not be alarmed … “because he knew she would learn this through the news.” The paramedics who overheard the conversation recalled Murray saying: “It’s about Michael, and it doesn’t look good.”

    “There is no reason for the rush in sending that 11:17am email, UNLESS AEG and Murray knew that Michael was already dead, and AEG had to act fast because Murray could only stay alone upstairs with Michael’s dead body for so long.”

    A good point, lopsided man.


  36. Lopsided man permalink
    June 4, 2013 6:20 pm

    The 11:49 call was to his patient Bob Russell and not Bob Taylor, right?

    Reading your article on Det. Dan Meyers’ preliminary hearing testimony, I wonder why law enforcement bought into Murray’s story that he found Michael dead during his 11:51am phone call to Sade Anding, when Murray’s been found to have lied about other critical facts. Especially when there’s evidence (Dileo, Phillips, Klein) that points to Michael being discovered dead in the 10:40am – 11:07am time frame.

    If he had waited over an hour to call for help, it would certainly be enough for them to move the charges up to 2nd Degree Murder – which they had considered at one point. + If AEG was contacted at some point that morning and instructed Murray to send that email to Bob Taylor before calling for help, then they participated in the delay.

    Did they look into that?

    I’d also like to know more about the content of his second phone call to Stacy Ruggles at 11:07am or the 32 minute call to his Las Vegas practice.

    btw, Murray’s attorneys have said that the prosecutors did not present a full list of of his cell phone use that morning….


  37. June 5, 2013 5:18 am

    “The 11:49 call was to his patient Bob Russell and not Bob Taylor, right?” – Lopsided man

    Right. I just used the short list of telephone calls sent to me by someone else without checking it up (sorry). Now this was corrected by Det. Meyer’s account.

    Reading your article on Det. Dan Meyers’ preliminary hearing testimony, I wonder why law enforcement bought into Murray’s story that he found Michael dead during his 11:51am phone call to Sade Anding, when Murray’s been found to have lied about other critical facts. Especially when there’s evidence (Dileo, Phillips, Klein) that points to Michael being discovered dead in the 10:40am – 11:07am time frame. btw, Murray’s attorneys have said that the prosecutors did not present a full list of of his cell phone use that morning….”

    Surely they did not – I will never believe that Murray did not call Michael’s manager or someone from AEG when he found MJ dead. There should have been at least one call, but judging by their list there wasn’t – Murray seemed to speak to everyone except them. And why law enforcement didn’t look for answers about the mumble of voices Sade Alding heard and why they did not allow a single question about AEG at the trial I don’t know.


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