News summary for week 4 of the AEG trial

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 http://www.abc7.com
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 http://www.abc7.com

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:

711	Lunch. On exiting the court room Mrs Jackson and Rebbie stopped thanked everyone of the fans for being there.
712	Panish: Was Dr Murray included on the production budget for This Is It… unfortunately…. mistakenly…. was not supposed to be, FINALLY – YES
713	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
714	Panish: Did those costs include Medical expenses for Dr Murray of $300,000.00. FINALLY answered YES, AEG employees having HARD time answering
715	Panish: Did you draft the contract AEG+MJ signed, …….. Would not answer “honestly” so deposition was played, witness impeached, YES!
716	Panish: MJ was made certain advances? Yes. Did you include monthly payment of $100,000 for manager Tohme Tohme,…………………….YES
717	Panish: It is customary to make advances for the artist manager? ,,,, erm,,,,,,,,,, Yes, (You can all guess how its going)
718	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
719	Further 3 impeachments objection after objection Judge keeps overruling
720	Trell, Phillips, Gongaware were very concerned about getting insurance asap because of news from the UK about MJ`s health problem
721	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
722	Trell was impeached once again. Stebbins tried to object. Overruled.
723	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?
724	Trell wants to read EVERY email/doc even the ones sent to him. Panish has time limits for direct.
725	Randy Phillips video was played re Murray “We hired him” then emails discussed about the UPROAR it created at the head of AEG.
726	June 26/27 2009 John Branca sat down with Delio, Gongaware. Phillips, McClain and others to discuss This Is It movie.
727	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
728	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
729	Trell found it hard to acknowledge only once AEG did show on this scale. Prince tour was a bad experience too
730	Have you ever spoken to Prince of his experience with AEG? No. Prince was very unhappy with the way AEG treated him on tour.
731	Did you pay Kathy Jorrie for her to walk on Murray contract? Yes. You are familiar with conflict of interest? Yes.
732	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.
733	You could have said, Mr Jackson we believe something as personal as hiring a doctor we think you should hire you own Dr?
734	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.
735	This contract for MJ & AEG was drafted wholly by AEG? Yes. Did you send any of 4 drafts to MJ attorney? NO
736	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
737	Shows evidence Joel Katz was long time friend of Randy Phillips. Was working for for AEG since 2008
738	You the master of contracts Stebbins called Trell yesterday on cross. Panish points out numerous errors in contract.
739	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
740	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
741	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
742	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”.
743	Mrs Jackson got up and walked out the court room when Panish was questioning Trell about MJ being threatened….
744	You said no one could make MJ go to rehearsals? Yes, that’s up to the artist.
745	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”.
746	Did you ever ask Wooley about this statement? No
747	Is it correct Mr Gongaware was responsible for raising the number of shows? I don’t know. I will ask Gongaware……. Sidebar
748	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
749	And the insurance did no way cover the cost? Well yes. So you were trying to get more insurance? Yes
750	You had NO illness insurance on MJ? No. If MJ got sick you would have no way of covering those cost? Yes
751	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
752	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….
753	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
754	Panish: you are an attorney? Yes. A contract can be oral or written? Yes, but I disagree with that.
755	DO YOU KNOW THE LAW IN CALIFORNIA. You didn’t have a written contract to raise shows to 50?? That was oral
756	So you had oral contract to increase show. But you had no oral agreement with Conrad Murray!!!!
757	Bugsy wrote in an email to Randy on June 20th, informing him Michael’s health has been declining for 8 weeks
758	Contract point 16.1 this agreement cannot be amended without binding in writing, Do you have anything in writing?
759	That authorized you to increase the shows to 50? We had verbal. “YOUR HONOR STRIKE HE DID NOT ANSWER MY QUESTION” Panish
760	Did you have it in writing, yes or no? No
761	With respect to Dr Murray you told you could us you could not pay him without a executed contract? Correct
762	You did not have written authorization from Mr Jackson to repay you for the cost of production did you? No
763	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
764	Sidenote: they needed TT to sign off so they could get $40 MILLIONS of dollars from Branca.
765	Statement of facts from Frank Delio was read out in court basically supporting AEG’s case. CM was MJ physician MJ wanted him.
766	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.
767	It goes on about the budget he discussed with MJ & MJ agreed to ALL & and to repay the monies to AEG Live
768	AEG loaned $34 mill to Michael for TII tour, but have made advances of $100 million in other tours Trell
769	MJ’s assets used as collateral Panish  “we wouldn’t have taken the music catalog, we would’ve taken from royalties” Trell
770	Panish: Were you aware AEG paid Mr Delio $5 mill after Michael Jackson died? No. Did AEG pay $5mill Delio? I’m not aware
771	Side note: so it seems Frank Delio was offered FIVE MILLION DOLLARS to write a declaration (yes probably written up by Kathy Jorrie).
772	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
773	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.
774	Panish: Did Delio sign this statement of facts AFTER you paid him, and If he did not sign he would not have got $5million?
775	We paid him $50,000 with a bucket of $ 5million. Which would have had to be approved by MJ Estate Trell….. John Branca
776	Panish: The budget with Dr Murray’s expenses was attached to this declaration of Frank Delio correct? I would like to see whole document
777	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”
778	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”
779	Panish repeats:”According to you There was a verbal agreement to increase the shows to 50 shows”? Correct. No EXECUTED agreement? Verbal
780	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.
781	Side note: Since there was no agreement with MJ & no insurance to cover AEG’s expenses, AEG retroactively PAID TT& Delio to sign declarations
782	Panish: You’ve never seen any agreement between MJ & Delio, dated June 5th 09″? No. Panish showed him the agreement
783	Panish: The biggest asset for TII tour was Michael Jackson wasn’t it?? I don’t understand……….Yes he was the most important one
784	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: http://teammichaeljackson.com/archives/8530

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

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

Full testimony not available, summary of the testimony is here: http://teammichaeljackson.com/archives/8491

Julie Hollander May 20, 2013

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

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Shawn Trell  May 21, 2013

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Shawn Trell  May 22, 2013

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Shawn Trell May 23, 2013

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