AEG – Jackson trial DAY 31. EXPERT OPINION ABOUT THIS WEIRD AEG BUSINESS

This post is a short look at DAY 31 at the AEG trial. David Berman, an expert for the Plaintiffs (Jacksons) testified the whole day and judging by the short tweets from ABC7 Court News and TeamMJ arrived at very important conclusions.

Here they are with some of my very short and very spontaneous comments. 

 Monday June 17, DAY 31

1	Hello from the courthouse in downtown LA. Day 31 of Jackson family vs AEG trial had plaintiff’s expert witness in the business testifying.
2	David Berman lasted all day in the stand. William Bloss, attorney for the Jacksons, did the questioning. Sabrina Strong for AEG crossed.
3	Katherine Jackson was not in court today. No word on when members of the family will return.
4	A seat in the trial is now more precious than ever. The Fire Marshal is restricting the number of reporters to 7 in the small courtroom.
5	The new seating arrangement is also more confined to the jurors. Some of the alternates had been sitting on chairs below the jury box.
6	The inspector said the jurors have to be on the same level. That means they were squeezed together in a tight platform.
7	Jurors chuckled as they settled in new seating. The thick leather chairs are gone replaced by narrower, sleeker chairs, lightly padded
8	Judge – Jurors before we get started you may noticed .. The Fire Marshal told us we had to change some things
9	We were told someone called the fire marshal complaining
11	Judge: if any of you have discomfort we wil get a cushion or try to do what we can
12	New witness: Plaintiffs’ retained expert David Berman (industry expert) on stand being questioned by attorney William Bloss.
13	Berman has been an executive in the music industry for 45 years. He has BA in Business Administration from University of Michigan and JD from Harvard
14	Berman represented artists, negotiated management agreements, worked with Beach Boys Temptations, A&M records, 20th Century Fox, the Doors.
15	Some of Berman’s work included contracts. He went to Warner Brothers, worked with Madonna, Fleetwood Mac, Prince.
16	Berman said he did acquisitions with other record companies. He explained the function of music lawyer is the “deal.”
17	Berman explained 60 to 70% of his practice involved contracts. He became president of Capitol Records, supervised running the record company
18	Berman worked with Bonnie Raittt, Beastie Boys, Queen, Paul McCartney; left Capitol Records in Sept 89; returned to law firm for the year
19	Berman then went to Geffen Records as senior executive in charge of business affairs. Became general counsel and supervised business affairs
20	Berman worked with Guns and Roses, Eagles, Peter Gabriel. In Feb 1998 went to Walt Disney to be in charge of Buena Vista Music group.
21	Berman has been engaged 38 times to testify in court as an expert witness, 60% of times for plaintiffs, 40% defendants.
22	Berman said he was contacted by plaintiffs attorneys in December of last year and a meeting was set up.
24	Bloss: What were you provided by attorneys?
23	Berman: An enormous amount of written material
25	Berman said he reviewed 26 depositions, declarations, extraordinary amount of email, pleadings, all that.
26	Bloss asked if getting paid $500/hr is standard amount. Berman said he knows some experts who charge more, others less.
27	AEG was major promoter, Berman said, explaining concert promoter promotes or markets the concert, secure the venue, ticket sales, tour merch

It will never cease to amaze me that for its obligations of a promoter (selling tickets, providing the venue and selling merchandise) AEG was charging 10% of the gross revenue. The tickets were sold within minutes, and if they brought $100 mln for example, AEG was getting $10 mln then and there even without moving their little finger.

Some artists need promotion as their tickets sell poorly, but in Michael’s case not a single effort was made. Considering that AEG spent zero money on promotion they could have relieved Michael of some other expenses, but instead they placed on him even more than Michael ever expected.

And why did they consider the rent for the O2 arena Michael’s responsibility too if it was their obligation to provide the venue?

28	The tour producer, Berman said, is in charge of physical production of the show, the staging, the lighting, the dancing, the choreography.
30	Bloss: Have you been a concert promoter or producer?
29	Bernam: No
31	Berman: The essential deal involves the relationship with the artist, what does a concert entity do for, to and with the artist.
32	The customer for concert promoter is not the ticket buyer, it is the artist, Berman explained.

We should remember it – the customer for the concert promoter AEG was Michael Jackson, and no one else but MICHAEL JACKSON.

And what do know about the customer? The customer is always right. Was it that way with Michael?

Are you kidding?

33	Bloss: Do you have opinion if tour producer should hire physician for the artist?
34	Berman: I believe it’s entire inappropriate highly unusual
35	I’ve never done it, I’ve never heard it being done Berman said about hiring doctor “It’s my understanding until this time AEG hadn’t done”
36	It creates an inherent conflict of interest, Berman opined. “The physician has obligation to the person treating and the entity paying him”
37	It is a more egregioius conflict given the factors in this case, Berman expressed.
38	Bloss showed Berman the ‘Trouble at the Front’ email Ortega sent to Phillips saying he didn’t think MJ was ready, his physical weakening.
39	The response to me is very telling Berman explained, saying Phillips was dismissive when he responded lets not become amateur psychiatrist
40	Phillips recognized the potential of the doctor not being ethical or unbiased, Berman highlighted.
41	It is my understanding AEG never did anything to check out Dr. Murray, Berman testified, “It shows they were aware of potential conflict
42	Bloss: Did you become involved in retaining a physician for any entity?
43	Berman: No
44	Bloss: Did you ever hear of a music company retaining a physician for an artist whether it was at artist’s request or not?
45	Berman: No
46	WB: How could conflict be avoided?
47	DB: By hiring a doctor with no relationship to AEG

Indeed, the conflict of interest could have been easily avoided. Even if Michael lacked funds to pay Murray AEG could have given him a bigger advance and then Michael would have paid Murray directly. No questions would have ever arisen to AEG in that case.

This is how their desire to control everything and everyone became their own ruin.

48	Bloss: Would it be a reasonable practice?
49	Berman: No
50	Defendants objected saying Berman has never been a producer, a tour manager or worked for a producer or manager.
52	Bloss: What is personal manager?
51	Berman: A personal manager is involved in every aspect of the artist’s career and the artist’s life
53	Berman said the fact Dr. Murray wanted $5 million to be engaged as MJ’s physician is some kind of red flag, even though it was turned down.
54	Berman: Even amount of $150k/month, as agreed, is an exorbitant amount. It’s more money than any individual in the tour was getting
55	The expert said AEG was aware of another physician, Dr. Finkelstein, had been willing to take the position as MJ’s doctor for $40k a month.
56	Berman: If there was an alternative to Dr. Murray at a fraction of the price, it seems to me that information should’ve been passed on to MJ

The information about the second physician was revealed during Gongaware’s testimony. Dr. Finkelstein was ready to go on a tour and was known to Michael very well as he had accompanied him before. The fee he was to charge was one fourth of Murray’s salary.

A quote from Gongaware’s testimony:

Q And you asked Dr. Finkelstein if he were the doctor, what would he charge, right?

A Yes, I did

Q And he told you about 40,000 a month, correct?

A He said 10,000 a week.

Q Is that 40,000 a month, approximately?

A Well, there’s 31 days, four weeks would be 28. It could be 45000, depending on the month.

Q Okay. What about in February? Don’t answer that.

Did Dr. Finkelstein express interest in being the tour doctor?

A I don’t recall specifically, but I — I knew he would want to.

Q My question was did Dr. Finkelstein express interest about being the tour doctor, sir?

A Specifically, I don’t recall.

57	Berman said he understands that Mr. Gongaware was the one dealing with Dr. Murray’s hiring on behalf of AEG Live.
58	Berman expressed AEG was in the process of negotiating and securing an agreement between themselves and Dr. Murray to be MJ’s physician.
59	Bloss showed the email where Paul Gongaware wrote “Done at $150k a month, per MJ.”
60	It’s indicative of fact that agreement had been reached on behalf of AEG Live that Dr. Murray, Berman explained.
61	Berman said he didn’t think this email alone proves AEG hired Dr. Murray.
62	Judge: to the jury, YOU will decide whether Dr. Murray was hired. All the testimony by hiring is made on assumption he was hired (or not)
63	Berman opined that emails between AEG and Dr. Murray offered more details of the terms of the engagement between AEG Live and Dr. Murray.
64	Berman said it was a three party agreement between AEG Live, Dr. Murray and MJ. Berman said emails about the agreement were never sent to MJ
65	Berman explained it is as if one party was being denied participation in the bind in the terms of the agreement.

Over here it is crucial to remember that by the time Murray’s contract was finally ready Michael already had a lawyer – John Branca.

Randy Phillips testified that Branca was hired on June 18^th, and if earlier Phillips could use the pretext of “no lawyer and no real manager” for not showing Murray’s contract to Michael’s lawyer, after hiring Branca it was impossible to use that argument even as a pretext. So they simply did not want to ask Michael’s opinion of Murray’s contract or inform him of its terms.

66	Bloss showed Berman a tour budget dated May 16, 2009. Berman explained it included $300k for medical management.
67	Berman said the amount on budget is consistent with $150k for Dr. Murray for the months of May and June, 2009.
68	Dr. Murray acknowledged he’s in agreement with terms of May 8th email, Berman explained, saying he was performing services that day already
69	Berman noted Dr. Murray wrote “I have performed and continue to fulfill my services to the client in good faith” and  “as per our agreement”
70	I’ve never heard of it and, to my knowledge, AEG had not done it before, Berman said about retaining a doctor.
71	I think an artist is perfectly entitled to engage any physician he chooses, Berman said.
72	Berman testified it is not unusual for an artist to hire and bring his own doctor on tour.
73	However, Berman opined that AEG inserted themselves in the middle of the deal as an attempt to be in position to control MJ’s doctor.

Exactly. There was no other reason for AEG for going into a contract with Murray other than controlling him.  

74	Bloss: May agreements be oral in your industry?
75	Berman: Of course, it’s a common occurrence
76	Berman: agreements are commenced and performed by both parties by oral agreement and subsequently put in writing. It’s not uncommon at all
77	Bloss: When does the agreement start?
78	Berman: Generally speaking, when one party has commenced performing under the oral agreement
79	Berman said it is not unusual in the entertainment business at all to amend contracts without putting the changes in writing.
80	For instance, Berman said MJ’s agreement called for 31 shows, it was amended to 50; tour budget was $7.5 million, increased to $30 million

All this talk about oral contracts is a double-edged sword for AEG.

They say that only written contracts were to be executed and oral agreements like the one they had with Murray were not valid.

But then the same should go for Michael’s contract. Even if he did give an oral consent to cover all those millions of production expenses AEG should not have listened to him and should have demanded a written confirmation as they themselves say that “everything should be in writing”. But no such written confirmations exist (because he never gave them).

In short AEG should either accept that verbal agreements were valid in both cases – and then Murray’s contract was valid (so they hired him like everyone else and were obliged to pay him). Or verbal agreements were valid in neither of the cases – and then it means that Michael never agreed to pay those excess production costs.

A beautiful situation!  Beautiful and clear like a mathematical formula.

81	Berman said it’s common practice for outside counsel, Kathy Jorrie in this case, to send agreement they’re drafting to in house counsel.
82	Berman: The email shows that nobody from MJ’s camp received copy of the draft agreement AEG Live was putting together for Dr. Murray.
83	Berman thinks it’s unreasonable and inappropriate not to include one of the three parties of the agreement in the discussions of the deal.
84	Berman said he understands Dennis Hawk, Mr. Branca and Mr. Katz were MJ’s attorneys at this point in time.
85	Bloss showed email where Ms. Jorrie referred to as final contract between AEG and Dr. Murray.
86	As far as AEG is concerned, the contract is concluded and ready for execution, Berman explained the email meant in his opinion.
87	Berman said his understanding is that AEG Live had already secured housing in London for Dr. Murray and was included in the UK party tour,
88	Berman said that in addition to insurance, AEG requested that Dr. Murray be in control of MJ’s rehearsal schedule.

Yes, in accordance with Conrad Murray’s contract he was to perform the services requested of him by the Producer.

They asked him to take care of Michael’s medical records for the past 5 years as it was “a matter of utmost importance”, and Murray obediently kept running on their errands not paying attention to his patient which is why he did not even notice that Michael stopped breathing and died.

The other service Murray was to perform for the Producer was to make sure that Michael attended rehearsals and kept to their rehearsal schedule. And this despite that fact that he was not obliged to attend those damned rehearsals at all. The AEG bosses admit it now in complete unison (even Randy Phillips).

89	Berman: If contract terminated then agreement terminated with Conrad Murray, giving Dr. Murray even greater conflict.
90	He was in dire straits, he did need this gig. He ran the risk of losing further compensation, Berman opined.
91	Phillips said “We want to remind Dr Murray that it’s AEG, not MJ, who is paying his salary. We want him to understand what’s expected of him”
92	It is indicatative of the fact that they want to control the services of Dr. Murray, Berman opined.
93	Bloss: If Dr. Murray had been hired by MJ would this be necessary?
94	Berman: It would not have been factually accurate
95	Berman said AEG doesn’t have experience supervising physicians. “That’s not their area of expertise.”
96	The chain of email Trouble at the Front shows an attempt to exercise some degree of control, Berman said.
97	This is the first time I’m aware of them reaching out to various MJ advisors, filling them in with the problem they now see, Berman said.
98	Mr. Branca immediately responds saying he has a person he thinks can help, Berman said.
99	AEG rejects the proposition regarding the person Mr. Branca suggested and never answered the question of substance abuse, Berman opined.
100	Berman: It indicates that they were concerned and the email from Gongaware to Phillips appears to be attempt to exercise control.
101	Take the doctor with you mention is yet another attempt to control Dr. Murray, Berman said.

The above is just another example of Murray being in their full employment and forgetting his primary duty of caring for the patient.

102	Berman: They don’t know what the problem is, they don’t know Dr. Murray is the right doctor, they just don’t know what the problem is
103	Bloss asked if AEG should’ve entered into agreement with physician. Berman said no, they have no expertise or experience supervising a doctor
104	Bloss ended his question at this point. AEG’s Sabrina Strong did cross examination of plaintiff’s expert witness.
105	Berman said he’s inactive member of the CA Bar for 10 years, pay dues but can’t practice law until taking continuing education.
106	Strong asked if the reason he left Capitol Records was because he was fired. “I demanded to be fired, they accepted my request” Berman said.
107	Strong: Your primary job is working as expert witness since 2001, right?
108	Berman: Primary job is essentially inaccurate
109	Berman has been working with disputes in the industry for about 11 years. As expert witness, he’s paid by whomever hires him.
110	Berman gets $500/hour as payment, received about $25,000 from plaintiffs, $5,000 from defendants from when they deposed him.
111	That makes about 60 hours of work on this case, Berman said, recalling about six meeting with attorneys for the plaintiffs.
112	Strong asked if Berman has been disqualified previously from testifying. He said the judge disqualified the methodology he used.
113	Strong: Did you testify outside the area of your expertise?
114	Berman: No, it had to do with putting a value on starting record label
115	Berman explained he used real life experience, based value on quality, knowledge and expertise but judge wanted academic and economic method

Since the above point is interesting I looked up what TeamMichaelJackson’s tweets were saying about the same:

One case judge disqualified you? No she disqualified the methodology. It had to do with putting value on startup record	TMJ
Which I  have done many times, I put value on company, distribution, co, etc, her concern was she wanted more economical	TMJ
She didn’t feel you were an economist and not expert in that field? Yes. You testified about AEGLive? Yes, touring co? producer	TMJ

ABC tweets continue:

116	AEG Live is primarily concert promoter, Berman explained.
117	Berman never worked with MJ in a tour. “I was at a party once that he attended, but I was not introduced to him,” Berman said.
118	Strong: You agree here that MJ chose Dr. Murray?
119	Berman: That’s my understanding
120	Strong asked if MJ was the one paying Dr. Murray. Berman said he disagrees with it.
121	Strong asked if Berman thinks it matters who Dr. Murray believes hired him.
122	Berman responded the critical factor with Dr. Murray regarding conflict is knowing in fact that he was to be compensated by AEG and not MJ
123	Berman: AEG Live had the ability to terminate the agreement with Dr. Murray should the concert be postponed.
124	I think Dr. Murray had the right to be concerned about the issue, Berman testified.
125	It was not his best interest to harm MJ, but his interest was also the tour didn’t get canceled or postponed, Berman said about Dr. Murray
126	Strong: Dr. Murray was under pressure because he might lose his job?
127	Berman: I feel he would be concerned about that, yes

Of course it was a conflict of interests – the one who pays the money is the one who orders the music.

But as regards cancellation of the tour one thing needs clarification. I think that over here Murray’s and AEG’s interests did not coincide.

AEG could cancel the tour any time and was not losing anything as all their losses were to be covered by Michael’s assets.

But Murray was interested in keeping the tour going as cancellation of it meant termination of his contract. And this financial interest of his was the biggest leverage AEG was applying to Murray – “if you do not send Michael to rehearsals, we will not be able to produce the show, and if we don’t produce the show it will be cancelled”.

For Murray a cancellation was the collapse of all his plans, so he was indeed ready to go every extreme for keepint the tour going, while for AEG a cancellation would be only half or even quarter of a problem – just a little headache.

128	Strong asked Berman if artists have the ability to not perform. He replied they have physical ability, but legal would be breach of contract

The point about Michael “being able to terminate his contract at any time” is often repeated by AEG people and is hypocrisy in its pure form. In theory yes, he could terminate, only no one ever explained that Michael would have to pay millions in damages for breaching the contract. David Berman is the first person ever to mention this crucial factor.

129	Berman: There were elements that Dr. Murray had no control whatsoever
130	Strong: It wouldn’t matter who canceled the tour, correct?
131	Berman opined that if the tour was canceled, it’s fair to say that AEG would not want to keep Dr. Murray under contract.
132	Berman said he’s aware Dr. Murray performed services for MJ, and maybe for his children, but doesn’t know the extent of services.
133	I don’t know what’d have happened with Dr. Murray if the show were canceled, I don’t have any way of knowing, Berman said.
134	Personal manager in CA cannot perform the functions of a booking agent; personal manager cannot perform function of attorney, Berman said
135	Berman said he thinks he knows enough to say that it is not unusual for masseuses to be brought along in a tour.
136	Strong asked if Berman knows that AEG Live negotiated contract with Karen Faye, make up artist. He said yes, and he had no problem with it.
137	Strong: Faye could’ve caused skin damage on MJ’s face?
138	((One of the jurors looked at Strong very puzzled!))
139	Berman: Anyone could’ve hurt MJ
140	Berman said it’s his understanding that Dr. Murray was MJ’s choice. He said he firmly believes producer should never hire doctor for artist
141	Strong rebutted: But you never produced a tour?
142	Berman: No
143	It is extremely unusual, it goes beyond unusual, Berman opined.
144	Berman said tour doctors are different from artist doctors.
145	Strong: You know The Stones tour with a doctor?
146	Berman: I know that Mr. Trell indicated that
147	I know that AEG never hired a doctor to go on tour with an artist, Berman testified.
148	Berman said is an unusual event for concert promoter to be the producer.
149	Producer shouldn’t be engaging the services of doctor, Berman opined, “even if doctor has been treating artist/children for long time.”
150	The contract is between AEG Live and Dr. Murray, Berman said, adding that MJ is a third party beneficiary.
151	Strong showed Berman Dr. Murray’s Contract Agreement, “Perform the services reasonably requested by Producer.”
152	Strong said it was a mistake
153	Producer did request Dr. Murray to perform services, Berman said. Shawn Trell, in the audience, shook his head no.
154	MJ did not sign it, Berman said about Dr. Murray’s contract. Neither AEG Live, Strong asked. That’s correct, Berman answered.

Shawn Trell should not be shaking his head – Murray was to perform the services requested of him by the Producer.  At Murray’s trial his colleague Kathy Jorrie explained that Murray wanted “Producer” to be replaced by “the Artist”, but she said that the wording remained in its original version. We need to find the respective part of her testimony at Murray’s trial.

155	Strong: How often do you pay $1.5 mil without a signed contract?
156	Berman: I have paid probably more than $1.5 mil without executed contract
157	Strong argued that Berman’s contract must not have included provision saying it had to be fully executed prior to payment.
158	Berman testified increasing shows from 31 to 50 wasn’t in writing, neither was production cost raised from $7.5 million to more than $30 mil
159	Strong: This contract doesn’t limit the spending to $7.5 million, correct?
160	Berman: Correct, I don’t have a problem with oral agreements
161	I know there are no written documents signed by MJ approving increase in production costs, Berman testified.
162	There’s one document signed by quote representative that I doubt he was a representative, Berman expressed.

Berman refers to the papers signed by Tohme and Frank Dileo after Michael’s death. There are two egregious violations here – first of all, none of them were authorized to represent Michael as they were lacking the respective papers, and second, after Michael’s death they could not sign off anything in his name at all. When a person dies all representation of him stops (as Sina explained to us in the comments).

163	Strong asked if Berman were to work for plaintiffs for 80 hours at rate of $500/hour, he would make $40k/week.
164	Berman responded: “With all due respect, I’m 69 years old, I’m not working 80 hours a week for anybody.”
165	Some jurors laughed.
166	Strong asked Berman if his testimony should not be believed because he’s being paid by the plaintiffs.
167	My salary as an expert witness is well in line with other experts, Berman responded, adding he knows several experts who charge much more.
168	Strong inquired if Berman was expert in doctor’s salaries. “I’m not an expert but I’m aware of another doctor willing to be paid $40k/month”
169	Strong: Do you know doctors make millions a year?
170	Berman: I know my does
171	Strong asked if Berman knew how much Kenny Ortega was going to make in the tour to say Dr. Murray was getting more money.
172	The red flag is $150,000 a month compared with another doctor asking $40,000, Berman explained.
173	It was not a problem that the doctor was going to make more, it’s an indicative something is out of whack, Berman testified.
174	Strong asked Berman about the request for MJ’s medical records for insurance purposes. He said it would benefit both AEG and MJ.
175	Strong asked if Berman was concerned MJ’s reps were kept out of the loop. “To the best of my understanding that’s what happened” Berman said
176	I’m aware that Mr. DiLeo was aware of Dr. Murray, but don’t know whether he was involved in the negotiation of the contract, Berman opined
177	Berman said Brigitte Seagal was an attorney in the UK working on housing arrangements. He doesn’t know if she had any relation with MJ.
178	Berman said that as President at Capitol Records, he was involved in hiring heads of departments, senior executives.
179	Strong: You never checked financial background of executives you hired in the music industry?
180	Berman: To the extent it would’ve been done, it was at the human resources level
181	Berman said he personally never checked financial background of anyone because it would not have reach his level it would’ve been done at RH
182	Strong played Berman’s depo where he said he couldn’t recall any credit check being done
183	No more questions from Strong, Bloss did re-direct
184	Berman said MJ’s contract required any modification to be done in writing. But addition of shows, budget increase was never written anywhere
185	Bloss: Did anybody considered that to be a problem?
186	Berman: Apparently not
187	As to the firing of Berman from Capitol Records he explained he was hired by chief executive whom he had immense respect, but ended up fired
188	However, Berman did not have same level of respect for the new global Chief Executive, he said.
189	It was pretty arrogant and naive of me, Berman said. “The word began to go around that the president was going to get fire.”
190	Berman said the morale was pretty bad for the company, no one wanted to sign with the company if the president was about to be booted.
191	Berman explained he went to his immediate boss and demanded full support of termination.
192	Then I’m fired, Berman said, he insisted in getting fired, it was the only way to get paid off. If he quit, he would’ve gotten nothing.
193	Berman said he believes the DiLeo letter was an attempt to get some MJ representative of some form to retroactively approve the budget.
194	Letter on May 2, 2009 :The purpose of this letter is to confirm that I’m appointing Frank DiLeo one of my new representatives & tour manager
195	Letter cont’d: Mr. DiLeo has my authorization to conduct business matters on on my behalf only when instructed. Signed by MJ
196	Berman said it was a weird letter and inconsistent with DiLeo’s declaration, which said he was MJ’s rep since March 2009.
197	I believe this document to be a written document confirming binding oral agreement, Berman said about Dr. Murray’s contract.
198	Strong asked in re-cross if Berman was aware that MJ directed Randy Phillips to deal with Frank DiLeo on his behalf. He said no.
199	As to DiLeo’s letter dated May 2, 2009, Strong asked if Berman knows when DiLeo was hired. He said no.
200	Berman was then excused, session adjourned later than normal days. Tomorrow’s session begins at 10 am PT.
201	Outside presence of jury, Alternate 6 said he may not be available after June 28. Judge/attorneys will discuss, indication he may be excused
202	Panish said he estimates to be done by the July 8th week, best estimate.
203	Witness for tomorrow: Kai Chase, MJ’s personal chef, and maybe Dr. Finkelstein after Chase via video deposition
204	Tentative for Wednesday is Tim Leiweke, probably via video depo, not live, Panish told judge. They might have a medical expert on Thursday
205	Attorneys ordered back at 9:30 am PT tomorrow
206	Friday: Possibly Karen Faye returns, only morning session
207	Panish said he wants to play the entire This Is It movie eventually, with explanation from when/where scenes was recorded.
208	That wraps up Day 31 of testimony. We hope to see you all tomorrow! Good night everybody!

Several more tweets from TMJ are adding to the picture.

About the conflict of interest for Murray:

209	Its inherent conflict, bc Dr was in financial stress, so did need the gig. He has to do what the promoter wants over what the patient needs
210	Do you know defense has hired a expert? Yes, he’s a tour manager. I have read the deposition
211	Plays depo of AEG Expert “have you ever seen tour promoter hire a Doctor for artist? NO” MJ should have hired his own doctor without any relations of AEG
219	I think critical factor for CM in terms of conflict was that he was going to be compensated by AEGLive not MJ ..
220	And it would be AEGLive that could fire CM, they controlled the money, CM had no way of knowing if it would be if tour was postponed
221	He just knew he was being paid by AEGLive, he desperately needed that money, Dr Murray had a right to be concerned,

About Michael’s so-called right to terminate the contract with AEG:

222	Could MJ have refused to perform? Oh but then MJ would’ve been in breach of his contract. But he could have refused? …..
223	…BUT HE(MJ) WOULD’VE BEEN SUBJECT TO DAMAGES

About unusual things in this business:

224	Is it normal for artist in some cases be responsible for production cost? Yes, its unusual
225	The red flag for me was there was A cheaper doctor and how high that figure was. It’s indicative of something out of whack.
226	You say you had concerns bc MJ advisers didn’t know what was going on? Yes, in contract negotiations  its so unusual

Yes indeed, all of it is so unusual. And they called Michael weird?

*  * *

Below is the full transcript of Mr. Berman’s testimony provided by the great TeamMichaelJackson. Please help them to buy the transcripts and spread the truth. You can help here: http://teammichaeljackson.com/archives/8530

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