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News summary of week 9 at the AEG trial. KAREN FAYE’S EMAIL

July 5, 2013

Here is the belated summary of the testimonies at the AEG trial on WEEK 9 June 24 – 29.

In comparison with the latest news that Frank Dileo’s widow and daughter are unable to provide his computer we so much hoped for (click here for the news) the summary for week 9 is of course stale news, and not that spectacular, but even in the old news we can still fish out something novel for us.

 Monday June 24, 2013

Dr. Earley testifying  for AEG, spoke about propofol ‘addiction’. This is pure nonsense as no physical addiction can be formed for propofol even in theory – the brain has no receptors for it and does not react to this drug. And a simple craving for sleep of the tired brain cannot be called an addiction. If it were, all of us would be considered addicts then.

Dr. Matheson, testifying for the Jacksons, is an expert in sports medicine. He said that Michael Jackson’s performances were highly physical, similar to that of an athlete in a game. An absolutely correct observation.

He said that a doctor in sports faces a conflict of interest similar to Murray’s “when the pressure to participate in the sporting event may outweigh the medical decision to protect the athlete’s health”.

But this is where all similarity between sports and Michael’s situation ends. The relations between a coach and athlete are absolutely different from those between a producer and artist. A coach has the right to demand that the sportsman trains, while a producer does not have any right to claim anything of the artist. AEG bosses themselves say that it is up to the artist whether he rehearses or not. AEG simply assumed the role of a coach to which they had absolutely no right.

It’s also good that Dr. Matheson noticed what we did not – the mere fact that all of them were sending worried emails to Randy Phillips and he was sending instructions to everyone around shows who was the man in charge. 

Monday June 24 DAY 36

1

There was no morning session today. Afternoon began with resumption of video deposition of Dr. Paul Earley played last week.

2

Kevin Boyle: Do you think Demerol addiction caused MJ’s death?

3

Dr. Earley: I do not

4

Dr. Earley opined that benzodiazepines alone were not the cause of MJ’s death, but the synergy with propofol was fatal.

5

After reviewing MJ’s medical record, Dr. Earley opined: “There’s evidence of addiction to opioids dating back to early 1990s.”

6

However, Dr. Earley said he didn’t think there was sufficient data to reach a conclusive opinion about MJ being addicted to Propofol.

7

Opioids dependency start when they’re used, Dr. Earley explained. He said the single largest contributor is genetic.

8

It matters whether your parents had substance abuse or dependency disorder, but not true in 100 percent of the cases, Dr. Earley said

9

Other contributing factors for opioid dependency: psychological issues, early life trauma, access to drug, alcohol abuse.

10

Dr. Earley said Michael was a man whose reputation, skills, wonder exceeded 99% of the people in the planet, so it was hard to say no to him

11

I’d like to say I wouldn’t have done what other doctors did Dr. Earley testified.”Prescribing MJ’s Propofol ultimately caused his death”

12

Dr. Earley conducted a case study with 22 Propofol dependent individuals. The study was funded by AEG Live.

13

Dr. Earley said the withdrawal of Propofol can cause depression, insomnia and irritability.

14

Dr. Earley: MJ most likely had some baseline insomnia, which was worsen by the use of benzodiazepine and Propofol use

15

When you take away the Propofol, you have insomnia, Dr. Earley explained. People can be irritable, don’t have chills, some had seizures.

16

Dr. Earley: Chills is very generic symptom and could mean anything: flu, cold, low blood sugar, lots of different reasons people have chills

17

Dr. Earley: Discontinuing opioids cold turkey is not life threatening, it can be done. Before we had detox drug, that’s what I would do.

18

Dr. Earley explained the current practice to treat opioid dependency is to use a drug called buprenorphine (suboxone).

19

I saw evidence MJ was treated with buprenorphine, I think by doctor Saunders, Dr. Earley said, but couldn’t remember the dates.

20

Dr. Earley said he did not see any record that Dr. Murray treated MJ with suboxone.

21

When people are addicted to Propofol, you just stop it, Dr. Earley said. “Discontinuing it is not life threatening.”

22

Occasionally, Dr. Earley had to give sedative drugs because patients are agitated and irritable.

23

Benzodiazepine requires cautious, careful taper, Dr. Earley said. Some individuals are very sensitive, it’s very difficult to get off.”

24

I don’t make my medical decisions based on corporate decision, Dr. Earley testified.

25

Detox is difficult, slow but safe and preferred.

26

MJ was taking opioids for a prolonged period of time, Dr. Earley said, which decreased his prognosis.

27

Dr. Earley: His legendary status caused people to, unfortunately, set aside boundaries

28

Also, the fact MJ was providing financial resources to family made it harder for an intervention, Dr. Earley opined.

29

MJ was extremely secretive regarding his style, would not talk about drug use to all physicians treating him, Dr. Earley testified.

30

Dr. Earley said if he were to treat MJ, he would have tried to understand if family could stand behind him not obtaining drugs.

31

He would also explain the need for prolonged period of rehab, more than 3 months and less than year treatment.

32

Dr Earley would prescribe naltrexone, alternative ways to manage pain. He would close down access to opioid, contact every doctor, pharmacy

33

Dr. Earley said he would’ve given MJ skills called drug refusal, unearth tragic secrecy surrounding his life, which contributed to his death

34

Dr. Earley testified he saw no evidence the family gave MJ drugs.”I’m completely clear his family wanted nothing but to help him.”

35

One intervention failed because Michael Jackson appeared quite healthy, Dr. Earley said.

36

The problem comes from the issue of power, the expert testified. “It’s much more difficult to treat a patriarch than the patriarch’s son.”

37

Dr Earley: I’m not inferring the family was getting/giving him drugs. There’s zero evidence of that, they wanted nothing but the best for him

38

Addiction is a biological disease, once it gets going overrides a lot of decision making, Dr. Earley explained.

39

Dr. Earley: I dedicated my career to take care of addicted people in this planet.

40

Boyle: Was MJ’s death all his own fault?

41

Dr. Earley: I will stand strongly against someone saying it was the addict’s fault.

42

Dr. Earley: However, it doesn’t mean addict doesn’t have to take charge of recovery at some point

43

No, I don’t believe it’s proper to blame the addict, Dr. Earley expressed.

44

There was secrecy, hiding, one doctor not talking to another, that’s the kind of stuff we saw, Dr. Earley said.

45

Dr. Earley testified some people can overcome addiction with very little initial motivation.

46

Dr Earley: Everyone gets motivation from different source. Some by professional reasons, other by family, getting their pride/name back

47

Dr Earley: Universally was stated in the record MJ’s dedication/compassion to his children, wanting the best for them, desire to be good dad

48

Dr. Earley said he remembered some statements in the record that MJ wanted his children to see him perform, wanted to be a good parent.

49

Addiction memory is a expression I coined, Dr. Earley said. “The brain learns automatically how to maintain the addiction.”

50

Unfortunately, doctors became a source of drugs for him, Dr. Earley opined. “Having doctor with him, prescription pad, was dangerous.”

51

Dr. Earley: I saw nothing on the record showing that in the last two months of his life any doctor, but Dr. Murray, gave him Propofol

52

Dr Earley: Being around physicians triggered drug craving inadvertently and power was inverted. MJ was in the power seat cause of his status

53

That concluded Dr. Earley’s video deposition. Next plaintiff called Dr. Gordon Matheson, a conflict of interest specialist.

54

Dr. Matheson is a physician, works at Stanford University, Professor in the School of Medicine, sports medicine.

55

Dr. Matheson work splits between teaching, research and medical care. He has written about 150 articles for professional publications.

56

Sports medicine is the care of athlete involved in competitive endeavors and physical activity, nutrition and health, Dr. Matheson explained

57

Dr. Matheson was recruited to Stanford to take care of their sports medicine program and their athletes.

58

He has worked with Canadian hockey team, Olympic games as medical officer and looked after university teams prior to Stanford.

59

In clinical practice it’s you and patient, Dr. Matheson said. “But in team practice you have 3 way parties: patients, coach, agent, etc”

60

The minute you have a three way party there may be conflict of interest, Dr. Matheson opined.

61

Dr. Matheson said conflict of interest is circumstances that create risks that decisions may be unduly influenced for secondary interest.

62

When someone stands to gain, it stands to affect their decision-making, Dr. Matheson explained.

63

Dr. Matheson worked with former Secretary of State Condoleezza Rice at Stanford in the conflict of interest area.

64

Dr. Matheson said Dr. Rice loved football, and her quote was that if she were a man, she would play football.

65

Dr. Matheson never testified as a witness before. He’s been paid $500/hour, got information with colleagues on what to charge.

66

Dr Matheson never worked in music industry but said one of the most obvious relations between sports/musicians is the 3 way party scenario

67

I think Mr. Jackson’s performance was highly physical, similar to what an athlete does, Dr. Matheson expressed.

68

Bloss: Do you believe there was conflict of interest between MJ and AEG?

69

Dr Matheson: Yes, I do. I believe they created conflict of interest

70

Dr. Matheson said he believes Dr. Murray was in a conflicting position, promised payment he was to receive to get MJ ready.

71

Contract made him answerable to AEG, Dr. Matheson said. “It could be canceled if the tour were canceled or terminated.”

72

When MJ was deteriorating, I think that conflict of interest played out, Dr. Matheson said.

73

Dr. Matheson: “I think in this case the conflict of interest led to poor medical decisions.”

74

The contract was negotiated, Dr. Matheson opined. “I think Dr. Murray was operating under the assumption the contract was enforced.”

75

It’s a lot of money to be paid to a physician, particularly a physician who was deeply indebted, Dr. Matheson testified.

76

I think Dr. Murray needed to be paid certain amount of money, because he owed a lot of money, Dr. Matheson said.

77

When doctors take on roles, you want them to make independent medical decisions not tied to secondary interests, Dr. Matheson explained.

78

Dr. Matheson said the contract was subject to immediate termination if show was canceled or postponed.

79

Dr. Matheson: “It can produce bias in thinking, the doctor wants to retain that payment and please the producer paying him.”

80

That conflicts which priority is primary: MJ or producer of shows, Dr. Matheson explained.

81

Bloss talked about emails exchanged. On 6/14/09 Ortega asked who was responsible for MJ’s nourishment, advised doctor didn’t allow rehearsal

82

Dr. Matheson said the email pointed some health concerns that needed attentoion, questioned if physician was making independent decisions.

83

That very directly relates to the intent to control the doctors’ decision.

84

As to Phillips’ email saying AEG was paying doc salary email:

85

The email shows lack of independent decision, Dr. Matheson said about Phillips’ email.

86

The result of a conflict of interest could be a bad medical decision, Dr. Matheson explained.

87

The pressure increases as you get close to the end of the game, for example, Dr. Matheson said.

88

If MJ was unable to rehearse or perform, the show would stop completely, Dr. Matheson said.

89

Bloss: What impact would that have on Dr. Murray?

90

Dr. Matheson: He wouldn’t have a job and he wouldn’t have an income

91

Doctors should be able to make independent medical decision on what the best care is for the patient, Dr. Matheson expressed.

92

Regarding chain email “Trouble at the Front”: Dr Matheson said he was intrigued Hougdahl needed to qualify he wasn’t being ‘a drama queen’

93

Basket case is a strong word, doubt is pervasive is fairly strong statement, Dr. Matheson said.

94

Phillips responded “we have a real problem here,” which Dr. Matheson said showed Phillips recognized there was a problem with MJ.

95

Ortega’s reference that ‘we brought Dr. Murray into the fold’ shows Dr. Matheson that there’s a full alignment with the way they thought.

96

But it also showed it wasn’t working, MJ was still weak and showing psychological problems, Dr. Matheson explained.

97

Phillips’ response ‘I will call you when I figure this out’ showed that Phillips was in charge, Dr. Matheson said.

98

We wouldn’t normally put an athlete back in the game while their health was declining, Dr. Matheson explained.

99

As to Phillips writing Dr. Murray is extremely successful and doesn’t need this gig, Dr. Matheson reacted:

100

The fact that Mr. Phillips realizes that’s important, to me he realizes there’s a potential for conflict in this scenario.

101

Judge adjourned session until 9:45 am PT tomorrow when Dr. Matheson will resume testimony. Attorneys to argue motion before that.

102

That concludes Day 36 of testimony. What are your thoughts so far? Hope to see you all tomorrow!

Tuesday June 25, 2013

It was a sad day as it was the fourth anniversary of Michael Jackson’s death.

Dr. Matheson continued his testimony and caught Randy Phillips lying – to Kenny Ortega Phillips said that “the doctor is excellent”, and to the AEG people he said what he really thought of Murray –  that “he is not sure how effective he can be”. And instead of handling the problem Phillips brushed off Kenny Ortega’s worries as “hysteria.”

Dr. Matheson noticed that Phillips knew that Murray had a conflict of interest as he thought it necessary to explain to Ortega that the doctor was “unbiased”.

AEG’s attorney Bina wondered if Dr. Matheson was agreeing with the plaintiffs for the money paid to him and his answer (“I don’t need this job”) struck me as the best illustration of the situation Murray was in. Murray needed the job and would have done anything of “what was expected of him” by his employers as Gongaware said.

Even their contract with Murray said that he was to perform the services requested by the Producer. And the draft of the contract was not even sent to Michael or his people for agreement. Where have you seen an employer who does not know on what terms he is employing someone?

Tuesday June 25 DAY 37

103

Hello from the courthouse in downtown LA. Day 37 of testimony in Jackson family vs AEG trial underway.

104

Katherine present in bright coral tapestry jacket over black floor length shift. Today is the 4th anniversary of Michael Jackson’s death.

105

Doctor Gordon Matheson resumed testimony. Jacksons’ counsel William Bloss doing direct examination.

106

Bloss asked about email from Phillips to Ortega on June 20. Phillips was recognizing the decline of Jackson’s health, Dr. Matheson opined.

107

It’s also evident that there are conflict of interest issues, Dr. Matheson expressed.

108

About Phillips saying ‘The doctor is successful, completely unbiased.’ Dr. Matheson said that tells exec was aware of conflict of interest

109

Matheson opined the email demonstrates “pushback” – Not good for a producer or team owner to be involved directly with the player or artist.

110

As to email “he was shaking, couldn’t cut food, no shape to go on stage” Dr Matheson reacted: “It’s indication health concern is serious”

111

Testimony just ended for the day. Michael Jackson’s son, Prince, will take the stand tomorrow!

112

T.J. Jackson, the co-conservator of MJ’s children, will testify after Prince. Taj, T.J.’s brother, will come on Thursday.

113

Watch @ABC7 and http://www.abc7.com  for interview with Jackson’s attorney about Prince’s testimony tomorrow.

114

Attorney also gave us insight on how Katherine Jackson is coping on the 4th anniversary of MJ’s death.

115

We just wanted to bring you latest on breaking news. Now back to Dr. Matheson’s testimony.😉

116

Dr. Matheson – “First and foremost we want an understanding of what the problem is. That is what leads us to the proper treatment.”

117

Dr. Matheson said Phillips was trying to diagnose the problem, yet Jackson was being put back in rehearsal; that is a concern.

118

As to Phillips saying “Take the doctor with you”, Dr. Matheson said it means AEG wanted to have some input, influence in the meeting.

119

It would have been inappropriate, shows AEG still wanted to manage the doctors decision, Dr. Matheson testified.

120

As to ‘Trouble at the Front’ email where Phillips says Dr. Murray ‘is not a psychiatrist so I am not sure how effective he can be…”

121

Dr. Matheson: It says Phillips is not sure, first says it’s covered, then he questions doctors effectiveness.

122

Dr. Matheson said emails showed it was business as usual, continued pushback. Kenny’s hysteria is in check.

123

Dr. Matheson said Phillips put forth information regarding a health problem with MJ, qualified by Ortega hysteria.

124

Dr. Matheson: When you get information, you need to act on that information rather than label it as hysteria.

125

Bloss asked if an athlete doesn’t want to get out of the game, what should a doctor do.

126

The role of the physician is to make the right decision for the short term and the long term, Dr. Matheson said.

127

May have to do it over the objection of the player, Dr. Matheson explained.

128

Bloss: Does the fact that AEG hired Dr. Murray at the behest of MJ make a difference?

129

Dr. Matheson: AEG chose to set up that structure and they didn’t have to do that

130

Bloss: How about the fact AEG would be repaid through the proceeds of the tour?

131

Dr Matheson: The conflict of the interest is still present

132

Dr. Matheson: Although we expect all professionals to act in the best interests of the patient, their judgement is often affected.

133

AEG’s attorney Jessica Stebbins Bina did re-cross of Dr Matheson. Bina asked if Stanford reviewed his credit prior to his hire. He said no.

134

Bina: In general a 50 year old man is competent to chose his personal physician?

135

Dr. Matheson: Yes

136

Bina: Dr. Murray was just going to treat MJ and family, not Kenny Ortega or others on tour?

137

Dr. Matheson: Yes

138

Bina: It was everyone’s interest to play the entire show?

139

Dr. Matheson: Yes

140

Bina asked if Dr. Matheson is an expert in general medical ethics. He answered no.

141

Dr. Matheson explained plaintiffs chose him because there was a 3 way relationship analogous to the sports industry.

142

Dr. Matheson reviewed Det. Martinez’ testimony, half of Mr. Phillips’ testimony (3 days), Kai Chaise and Travis Payne’s testimony.

143

B: Never worked in entertainment industry?

144

Dr. M: No

145

Bina: You are not an expert in the concert industry?

146

Dr. Matheson: No.

147

Bina: You said it’s the system’s responsibility, but it’s physician’s responsibility to place the patients welfare first?

148

Dr Matheson: Yes

149

If conflict of interest develops, it must be resolved to the patient’s interest, Dr. Matheson opined; doctors have duty to patient.

150

Bina: If MJ demanded propofol, begged, Dr. Murray violated his duties? Assuming he did that, did he violate his duties?

151

Dr. Matheson: Yes

152

Bina: Average Medical school grad has $200,000 in debt

153

Dr. Matheson: Yes. Just to become a doctor is expensive

154

No injuries are expected in performance as in typical team sports, Dr. Matheson said.

155

The physician’s concerns are not going to be the same as treating a football player, Dr. Matheson explained.

156

Bina: Was MJ able to consent to that relationship?

157

Dr. Matheson: Yes, but signature line put him in contract as a participant

158

Bina: The only way to structure a deal would be to give $1.5 million up front?

159

Dr. Matheson: Should structure deal so termination and cancellation are not incorporated in deal

160

Bina: Do you know how the deal for Celine Dion’s doctor is structured? Or Rolling Stones?

161

Dr. Matheson: No

162

Bina: If you were setting up a tour in Europe, what would you set up for ethical arrangement?

163

Dr. Matheson: I would set up a staff, conduct a comprehensive medical assessment

164

Ethically you’d want an assessment of the artist, Dr. Matheson said. “It would require a team of people because there are various aspects”

165

That is for assessment initially, Dr. Matheson explained. “Then for the tour I would hire a team of people to provide care during the tour.”

166

Dr. Matheson: I would get people who have expertise in a particular area, develop a particular group in London.

167

Bina: A group only?

168

Dr. Matheson: It is hard to imagine only one person.

169

Bina asked if MJ told AEG he’d want to bring his personal doctor on tour, what should AEG have done.

170

Dr. Matheson: AEG should have said we are not experts in medical care so we want to get experts in medical care to make an assessment.

171

Bina: Would that eliminate the conflict of interest?

172

Dr. Matheson: It would minimize conflict of interest

173

I found the lawyers to be very supportive of evaluating records and making my own decisions, Dr. Matheson said.

174

Bina: Is it fair to say that you are making more money because you agree with the plaintiffs?

175

Dr. Matheson: I don’t need this job

176

Bina: What if AEG just fronts $34 million?

177

Dr. Matheson: Dr. Conrad Murray would be still conflicted

178

Dr. Murray would still be beholden to AEG, Dr. Matheson opined.

179

Dr. Matheson: My understanding is that Murray’s treatment was episodic not regular.

180

Bina talked about May 2009 and asked if people were concerned about MJ’s health.

181

Dr. Matheson: “I don’t know if people had concerns about his health. I think people had concerns about the show.”

182

Bina: If MJ said I want to bring my long term doctor on board, your opinion is that AEG should have said No you cannot?

183

Dr. Matheson: Yes

184

Bina: Are you aware of Gongaware’s testimony oneffort to get MJ to agree to London doctor but MJ saying no. AEG should not have done that?

185

Dr. Matheson: No. I wouldn’t. The conflict of interest is too high

186

Bina: Even when you believe the artist is healthy?

187

Dr. Matheson: It creates a risk

188

After lunch break, Bina resumed cross examination of Dr. Matheson. Katherine Jackson was also present for the afternoon session.

189

Bina: Is it possible to have doctor ethically go on tour with artist?

190

Dr. Matheson: It’s possible if the conditions are right

191

I don’t think it’s possible under the terms of this case, Dr. Matheson said.

192

The greater the conflict, the increased likelihood of bad decisions will be made, Dr. Matheson opined.

193

He had a choice,Dr. Matheson said. “That choice may have been to forfeit his job.”

194

Bina: If I pay for my health care by credit care, does the credit card has the right of dictating my health care?

195

Dr. Matheson: No

196

Dr. Matheson said he’s spent 100 hours on this case. He’s making $500/hour, which adds up to $50k so far.

197

Dr. Murray’s contract said ‘Perform the Services reasonably requested by Producer.’ Bina said the contract was supposed to read “by Artist”.

198

Dr. Matheson said if there was no reference to service requested by AEG, that sentence wouldn’t be part of his opinion.

199

To me, this is a document that indicates what the intention was, Dr. Matheson said.

200

Dr. Matheson said he had to fill out a lot of forms and take a test to obtain his license in the US. Dr. Matheson is originally from Canada.

201

Agreement required Dr. Murray to have malpractice insurance.

202

Bina: Isn’t the real problem in this case not  Dr. Murray’s feelings towards AEG, but that he gave in to Michael Jackson?

203

Dr. Matheson: That’s part of the conflict, yes

204

Bina: There’s nothing wrong with concert promoter to ask if there was anything they can do to help?

205

Dr. Matheson: Not if used those terms

206

Conflict of interest happened if there was influence on decision making, Dr. Matheson explained.

207

Bina: So you think it’s appropriate for producer to dictate MJ’s care?

208

Dr. Matheson: Phillips was the one receiving the information

209

Bina: But, presumably, MJ went home his doctor, right?

210

Dr. Matheson: There’s no record of that

211

Bina: Do you think Mr. Phillips has the right to question MJ’s health?

212

Dr. Matheson: Phillips has the right to say I’m concerned with your health, you can’t come back to rehearsal until you’re checked out

213

We want you to see a doctor before you come back, Dr. Matheson said Phillips could have told.

214

If Jackson denied it, they should have had a discussion about it, Dr. Matheson opined.

215

Dr. Matheson said he wasn’t suggesting Phillips forced MJ to go to their doctor, but they could’ve taken him to ER for another set of eyes.

216

If MJ was severely stressed about the tour, Dr. Matheson said the producers have to listen to artist. “The artist knows their body better.”

217

Murray said he had the situation under control. The issue was that he wasn’t reliable, Dr Matheson explained; he was very heavily conflicted

218

Conflict of interest contributed in a very significant way in Dr. Murray’s standard of care, Dr. Matheson opined.

219

Conflict of interest was set up, physical symptoms appeared and there was an attempt to control those, Dr. Matheson explained.

220

Likely that was not a friendly meeting, that was a confrontational meeting, Dr. Matheson said about meeting where Dr. Murray left angry.

221

Dr. Matheson: The concern should be for the artist’s health.

222

Dr. Matheson: Any time symptoms are brought forward, there’s a need to be paid attention to. In this case they weren’t.

223

Dr. Matheson said he reviewed other depositions with exhibits attached prior to his own deposition.

224

As to Dr. Finkelstein, Dr. Matheson said he recalls Gongaware discussed possibility of doctor going on the tour with a couple of conditions.

225

Dr. Matheson said he doesn’t believe the analogy Bina offered regarding credit card paying for your health care is related to this case.

226

It’s hard to leave a practice, Dr. Matheson said. He said it takes a long time to build the practice, normally doctors sells the practice.

227

Dr. Matheson said it takes much more than 10 days to wind down a busy practice.

228

A conflict of interest isn’t a single event, Dr. Matheson testified. “It’s a set of circumstances that develop over a period of time.”

229

Dr. Matheson said he was not aware of any efforts to send Dr. Murray’s contract drafts to MJ’s people.

230

It says to me the agreement was being constructed and negotiated without Mr. Jackson’s input, Dr. Matheson opined.

231

It was effectively put in place and the doctor was engaged whether Mr. Jackson signed it or not, Dr. Matheson explained.

232

I believe AEG indicated, the record indicates AEG acted in way they felt they employed Dr. Murray, Dr. Matheson said.

233

The conflict of interest environment in this case was severe, Dr. Matheson opined. He’s been in this field for 35 years.

234

Bloss: How many as severe as the one here?

235

Dr. Matheson: None

236

Dr. Matheson said the record shows Dr. Finkelstein didn’t get the job because MJ wanted to bring his own physician.

237

Bina: It wasn’t in Dr. Murray’s interest to keep MJ unhealthy

238

Dr. Matheson: No

239

As to Dr. Murray buying Propofol, Dr. Matheson said “I think AEG Live enabled it, yes.”

240

Conflict of interest erodes judgement unconsciously in a way you’re not even aware of it, Dr. Matheson explained.

241

Attorneys had no more questions to Dr. Matheson. He was then excused. Session is adjourned until tomorrow morning at 9:45 am PT.

242

Taj Jackson (TJ’s brother) will testify on Thursday

243

Live witness testimony tomorrow:

244

TJ Jackson (children’s co-guardian)

245

Prince (MJ’s son)

246

That wraps Day 37 of trial. We hope to see you all tomorrow for complete coverage of Prince’s testimony.

247

Here’s the link with Jackson’s interview: http://abclocal.go.com/kabc/story?section=news/entertainment&id=9152131

Wednesday June 26, 2013

On this day Michael’s son Prince testified . There were two earlier posts about it so I’ll single out only what struck me most – Michael often cried after talking to Randy Phillips and Tohme, and said to his son “They are gonna kill me, they are gonna kill me”….

Randy Phillips and Tohme were also in Michael’s house and spoke to Murray. Prince saw Phillips grabbing Murray’s elbow and looking agressive. It could very well be the day Michael died as Prince called his father that evening and this was the last conversation they had.

For some reason it also imprinted in my memory that Michael asked his son to offer them something to drink and eat. Prince also said that they never liked Tohme and applauded their father when he had a fight with Tohme on the phone and tried to fire him. He said that this happened when they were living at the Bel Air Hotel, so this must have been in November 2008 at the latest.

In short it was a very sad testimony. ABC7 tweets omitted the episode when Panish asked Prince if AEG behaved in a mean way to Prince during his deposition and this is why the boy insisted that his sister Paris should be deposed on a neutral territory and not in the AEG lawyers’ office.

Prince’s testimony was followed by Tim Leiweke’s deposition. This deposition struck me by two things – Leiweke’s insolence and his description of his immediate boss Phil Anschutz as a “paranoid scrooge”.

I will embed the full transcript of Prince’s testimony from the great TeamMichaelJackson site and will leave only the ABC7 tweets about Tim Leiweke. For their tweets of Prince’s testimony you can check up the earlier posts.

Wednesday, June 26 Prince’s testimony  DAY 38

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Tim Leiweke’s deposition 

248

After lunch, Jackson’s attorney played video deposition of AEG Inc. CEO and president Tim Leiweke.

249

Leiweke was the highest employee in the company in 2009. He said they have 130 different companies, 7-8 divisions within AEG.

250

Kevin Boyle: Are you aware the LA Kings have a team physician?

251

Leiweke: I would assume we do

252

I’m not sure who hires the doctors for the Kings, Leiweke said.

253

Boyle: Do the doctors work for the team or for the players?

254

Leiweke: I’m not sure

255

Leiweke said he didn’t remember the email Phillips sent him saying “MJ is locked in his room drunk and despondent.”

256

I got a call from Randy Phillips about the press conference, Leiweke said. However, he insisted he didn’t remember the email.

257

I said that five times, is that good enough? Leiweke responded.

258

Leiweke said Phillips called to say Michael had a hangover, they were late to get to the press conference and Randy was wound up.

259

A subsequent conversation, everyone had calmed down, Leiweke said. “He was informing me that the press conference was going to be delayed”

260

Leiweke said he was in an important meeting and asked Phillips to fill him in later.

261

I knew Randy had production costs issues, Leiweke said. Leiweke didn’t remember the exact number they had overspent.

262

Leiweke didn’t remember a specific board meeting where Phillips Anschutz was present and the tour budget was the sole topic.

263

Leiweke said he met Dr. Tohme once or twice in passing. He said he didn’t remember ever having a meeting with Dr. Tohme about MJ.

264

I remember it was an expensive commitment he was asking us to make, Leiweke said about the This Is It tour.

265

We wanted to make sure that he was healthy, Leiweke said. “I believe our folks had a medical for the purpose of MJ and his health.”

266

Boyle: Did you ever refer to Mr. Anschutz as paranoid scrooge?

267

Leiweke: I don’t remember any specific conversation

268

Boyle asked if Mr. Anschutz was concerned with ticket scalping. “There had never been in AEG Live anyone scalping tickets” Leiweke responded

269

Mr. Anschutz is very tight, Leiweke said. “I don’t remember this email but I remember him being concerned tickets were being scalped.”

270

Leiweke met Michael Jackson in person either 4 or 5 times.

271

Michael wanted to tour, Leiweke said about the first meeting. “AEG Live was interested.”

272

Second time was in the guest house of Ron Burkle in Los Angeles. Jessie Jackson was there too, Leiweke said.

273

Boyle: What was the reason of the meeting?

274

Leiweke: There wasn’t really one. We prayed a lot

275

Michael asked to meet Mr. Anschutz to talk about films, Leiweke said about the third meeting in Las Vegas.

276

Leiweke said he never met Murray and/or exchanged emails, calls with him. The exec didn’t remember specifically the 1st time he heard of him

277

Leiweke testified he never saw or heard the name Dr. Murray on pretour budgets.

278

I’ve never seen this email between Randy and Kenny, Leiweke said about the ‘Trouble at the Front’ email chain.

279

Boyle said the chain was forwarded to Leiweke. The exec apologized and said he doesn’t remember ever seeing the emails.

280

We were aware that MJ had missed several rehearsals, Leiweke said.

281

Leiweke wrote email saying “Trouble with MJ. Big Trouble.” He testified he didn’t remember this specific email.

282

That ended video testimony of Leiweke. It was admitted into evidence. Judge ended session early. Jurors ordered back tomorrow at 9:45 am PT

283

Tomorrow’s witnesses: TJ and Taj Jackson. Jackson’s attorney told us they aren’t sure if Paris will testify. It’s up to her doctor to ok it

284

We hope to see you tomorrow for complete coverage of the trial. Watch @ABC7 and http://www.abc7.com  for all the latest.

Thursday June 27, 2013

On this day TJ Jackson testified. He is a cousin of Michael’s children and their co-guardian.

Dolores Jackson, mother of the boys

Dolores Jackson, mother of the 3T boys

His words made me realize  why Michael was so close to these particular three boys  – when they were teenagers their mother was murdered and Michael stepped in to save their world from crumbling. How very typical of Michael.

His detractors like saying that he was always around children with problems and imposed himself on them in the role of a dad. Well, Michael did try to help troubled children, that’s true, and the role here did not matter. What mattered was that he was simply trying to help. In this case he was replacing a mother to these boys, for example.

TJ could not even speak when they asked him who Michael was for him – he just shook his head and cried, because Michael was everything, and this I can easily believe.

I’m glad that TJ is taking care of Michael’s children now. He remembers what Michael taught him when he was a teenager, so he is teaching them the same now. Michael wanted TJ to go to college and study, and he even got into three top business colleges, but they were touring around the world then and nothing came of it. Now he regrets turning that opportunity down.

MJ and TJ

MJ and TJ

Education is everything guys. They want us to be ignorant because ignorant people are extremely easy to fool and twist around, so please don’t give them the pleasure of seeing you that way. They definitely don’t need you to be educated – it is only you who need it.

The way I understood it many problems with Michael’s children in Katherine’s home arose because Michael was strict in raising them – they read a lot, were not allowed to watch TV and saw ony one movie a week if they earned it. But the same rules were impossible to maintain after Michael’s death and I can only imagine in what ‘paradise’ the children found themselves when they had free access to TV and Internet.

Michael was protecting them from all of it for a reason – first, he knew what they would read and see there about himself, and second, he knew what a huge distraction and often a waste of time it is too.

And it seems that part of the problems with Grace were due to those changes from the old style – she wanted to maintain it and they didn’t.

Michael said to TJ and a couple of his brothers that he would be murdered. And TJ believes he was. This we don’t know yet but nothing surprises me any longer in this extremely dirty business around Michael.

Thursday June 27 DAY 39

462

Hello from the courthouse in downtown LA. We are waiting for today’s session to begin. It is delayed.

463

TJ Jackson, the children’s co-guardian and cousin, is set to testify today. He is going to describe how the kids are coping with MJ’s death

464

Judge Yvette Palazuelos is hearing other cases this morning, thus the delay. We’ll let you know when session begins.

465

A very emotional TJ Jackson broke down on the stand saying “Michael was everything.” All the details of his testimony coming soon.

466

Plaintiffs called next witness, Tito Jackson, also known as TJ Jackson. TJ is MJ’s children cousin and co-guardian.

467

Jackson’s attorney Kevin Boyle questioning him

468

Boyle: Have you testified before?

469

TJ: I think this is my first time, so I’m a little nervous

470

TJ says he goes by TJ Jackson, since his father is also Tito and people would get the two confused.

471

Katherine Jackson is TJ’s grandmother. Tito is MJ’s brother, member of Jackson 5 with Jackie, Marlon, Jermaine and Michael.

472

TJ is cousin and co-guardian of Michael’s children.

473

TJ said he’s from Encino, CA, raised there like most of his family. He went to Buckley School in Sherman Oaks, same as Prince attends now.

474

TJ said he has 3 biological children and 2 stepchildren. He has 2 daughters, age 2 and 5, 13 year old son, 19 and 21 year old stepchildren.

475

TJ said he does music with his brothers primarily, he’s a third of band “3T.”

476

TJ’ wife is a fitness trainer, and they have their own fitness center. He’s also a real estate broker, has license but doesn’t practice.

477

Boyle: So you don’t have a lot of free time?

478

TJ: No, I don’t (laughs)

479

My primary things are my kids, my cousins and my family, TJ said.

480

Picture shown in court of TJ, his wife Francis, Prince and children pic.twitter.com/U0nXljHZ6L

481

TJ and his brothers Taj and Taryll Jackson compose the 3T group.

482

Boyle: I know you’re humble, but you sold millions and millions of records?

483

TJ: Yes

484

TJ lives in Corona, CA. He explained that when he had his son Royal, he wanted to slow down the pace, wanted smaller community feeling.

485

TJ explained Corona is multi-national area. “When I grew up, I was the only black kid in school,” he said. “It was some times uncomfortable”

486

TJ doesn’t go to Calasabas, where the children live, during rush hour. Sometimes he’s there for six days in a row, sometimes once a week.

487

TJ testified he’s 34 years old and drives a Honda Accord. “I just need something to get from A to B and the Honda has served me well.”

488

Prince has a Ford truck, TJ said. No Ferrari, or Porsche, or expensive car.

489

TJ broke down when Boyle asked him about his relationship with MJ. He bowed his head for a few minutes and cried.

490

He was just everything, a very emotional TJ responded.

491

TJ: “My mother was murdered a month after I turned 16. My world crumbled and my uncle Michael saved it”

492

He was just, he was there. He kept me inspired, he kept me ambitious, he was just there for me, TJ explained about Michael Jackson.

493

He said he was raised by his brothers, father and when he needed advice he’d turn to his uncle Michael.

494

TJ said he’s teaching MJ’s children to be ambitious, be giving, be loving, be honest and to make their mark in the world.

495

TJ said MJ wanted him to go to college. He applied at LMU, UCLA and University of Pennsylvania. He wanted to study Business (fans crying in the overflow room)

496

I got into all three, TJ said. They are all considered the top Business schools in the country.

497

TJ said MJ wanted him to go, and he regrets turning it down. “He wanted me to go, he just thought it was going to be good for me.”

498

My brothers and I were doing quite well touring around the world, TJ said, that’s why he didn’t go to Wharton School in Pennsylvania.

499

From the beginning, along with my father, he was there inspiring us, TJ said about uncle Michael.

500

TJ said his mother would call all her children the 3T, which originated the name of the group.

501

Specially when my mother passed, he took us under his wing and became important part of our success, TJ said about MJ.

502

I think he wanted us to earn things in our own, TJ explained, saying MJ would not use his power to benefit the group.

503

Boyle: Did you consider your uncle your mentor?

504

TJ: Definitely

505

Boyle showed video of 3T and clip of MJ’s song “Why”

506

He’s always wanted to be a parent, TJ said about Michael Jackson.

507

Eventually he did have his kids, and they were everything to him, the joy of his life, TJ testified.

508

Michael Jackson and TJ pic.twitter.com/kGbi3BsHNK

509

TJ said he never knew how famous his uncle was until he was already grown-up

510

On the HIStory tour, I was probably 19, my uncle had a show on a stadium. The whole route there were people clapping, TJ recalled.

511

That was probably the first time I really realized his impact in the world, TJ said about MJ.

512

TJ: He was very humble, extremely humble, checking on us, talking about school, amazing to see contradiction outside, people cherishing him

513

My uncle was kind of person he would give us some cash, TJ testified.

514

He’s always given couple of hundred of dollars to myself, my brothers and pretty much whomever was around, TJ said.

515

He would drive around to areas with poor people and would give hundred dollar bills to people to make their lives a little better, TJ said

516

As to MJ’s charities, TJ said he knows about “Heal the World.” He said MJ visited hospital around the world, worked with “Make a Wish”.

517

He was very giving of his time, everything that help put a smile on children’s face, TJ explained.

518

My grandmother is the queen, TJ testified. “She’s the CEO and I help her with the day to day stuff (of co-guardianship) as much as I can.”

519

TJ said he does a lot of the doctor’s appointments, school stuff, extra curriculum activity, deals with security for children.

520

Because of who they are, it demands a lot of time and energy, TJ explained saying it’s not the kids fault but their high profile status

521

TJ: Grandma is the overseer, she knows everything that happens, she’s there everyday, making decisions

522

If they want to go out it the movie they know to ask grandma, TJ testified.

523

She’s the one to be commended, her life had changed quite a bit as well, TJ said about grandma Katherine.

524

TJ: I don’t think I would be able to live properly my life if I didn’t try to help my cousins to be who my uncle wanted them to be

525

I can’t really see myself far away from them until I make sure they are adults and are what they are supposed to be TJ said about the kids

526

Prince is an amazing person, very strong, very smart, TJ testified; he was always devouring books, very poised and ambitious, very loving.

527

Paris has a heart of gold as well, TJ said.

528

TJ on Paris: I think the loss of my uncle has hit her in a different spot. She’s having a difficult time, but we’re giving her love/support

529

TJ talked about the paparazzi. “It’s a complete annoyance, it’s awful, I feel there should be something done.”

530

He agrees with Halle Berry’s attempt to create a law preventing paparazzi to follow children. TJ said he supports it 100%.

531

I know it’s making harder for the kids to progress, TJ said about the paparazzi.

532

TJ on Paris: It’s tough. She was daddy’s girl. My uncle was her world, he gave her more love for it to be taken away it’s been very hard

533

For all of them, but for her more being the princess, TJ said about Paris.

534

Prince was my uncle’s little assistant, TJ said. He is very mature.

535

I think my uncle knew he would have to be very sharp, TJ said. “Prince had always been mature beyond his years.”

536

Blanket was always wrapped around behind MJ’s leg, TJ said. “Wherever my uncle was, Blanket was just steps away.

537

My uncle was everything for Blanket, TJ said. Blanket was either 7-8 when MJ died.

538

TJ said he lived a couple of blocks away from Hayvenhurst, would go out there to grandma’s house quite often.

539

My uncle just cherished my grandmother, named everything after her, from mountain to next house, TJ testified. “My grandma is the queen.”

540

I think my grandmother was everything to my uncle, TJ testified.

541

TJ on grandma Katherine: It’s hard, very hard, it’s tough for me as her grandson, don’t know what to say or do. I try to help with the kids

542

Our children is supposed to outlive us, so it’s been very difficult on my grandmother, TJ said.

543

Boyle: Who hired Kai Chase back?

544

TJ: It was a suggestion I made. A couple of employees were let go, as co-guardian job to replace cook/nanny

545

The kids just liked Kai, they asked for Kai, and I asked my grandmother and she was okay with it, TJ said.

546

Boyle asked if Chase was hired back in an effort to influence her testimony in this case. “Not a chance, it’s silly,” TJ said.

547

TJ first heard of Dr. Murray after MJ passed.

548

It’s impossible, I did a lot of the legwork to get Kai back, TJ testified.

549

After MJ died, Grace Rwamba came back to work with the family, TJ explained. But he said there was a situation where Grace had to move on.

550

TJ: I was a little disappointed she had to. Along with my grandmother, she was the mother figure the kids had in their lives.

551

I don’t know specifically what happened but I think there had been conflicts between Grace and other members of the family, TJ said.

552

TJ said MJ raised the kids differently. They read a lot, didn’t watch tv during the week, one movie a week if they earned, TJ explained

553

Once my uncle passed, they came into my grandma’s house in regular society, it was hard to maintain the same lifestyle, TJ expressed.

554

She (Grace) wanted to maintain, as did my brothers and I, my uncle’s child raising, TJ said.

555

Boyle asked TJ about Paris deposition regarding Grace. Defendant’s attorney objected, they went to a sidebar and lunch break.

556

Attorney Jessica Stebbins Bina did the cross examination of TJ on behalf of AEG.

557

Bina asked about Katherine’s health problems last summer and if he’s aware of any health problems?  TJ said no.

558

Bina inquired how many times TJ saw or spoke with MJ and the children. He said he spoke with his uncle every other month.

559

TJ definitely remembers seeing MJ at least once in 2009.

560

Katherine was in court wearing a fuschia jacket. Aside from TJ, she was also accompanied by Taj Jackson.

561

Bina asked if TJ draws salary for being MJ’s children co-guardian.

562

It was hard for me to accept it, my grandmother insisted and a couple of months ago I began receiving it, TJ said.

563

Bina asked about children being more exposed to the media after MJ died, like going on Oprah and Prince working on Entertainment Tonight.

564

It’s difficult, because they are 15 and 16, TJ said. “It’s hard to maintain that private life.”

565

It was very important for him to excel in his career, TJ said about Prince.

566

I didn’t release music until I was 16 or 17, TJ said. “I encourage them to be children first.”

567

Paris wants to be an actress, Prince says he wants to act then become a producer, TJ explained.

568

TJ: It’s hard to do that when he’s straight A student with honors

569

Bina: As their guardian you haven’t prevented them to be in the public eye

570

‘If he really wants to do it, 100%, he should be able to do it at 16,” TJ said about Prince working on a television show.

571

I wanted to do for the art of it, I like the quiet, private life, TJ explained.

572

I would say they want to build their own career, and ET is a stepping stone for his acting career, TJ said about Prince.

573

TJ: It’s tough, as long as he (Prince) understands his responsibilities and the pitfalls, it’s hard to say no

574

Bina: You didn’t go to Carolwood house?

575

TJ: Not before MJ died

576

TJ said the last time he saw MJ alive was in his grandparents anniversary, where most of the family member were there.

577

Bina notes the anniversary happened on May 14, 2009.

578

He was in a good mood, TJ recalled. “He was happy, he was talking about the kids, making jokes, that stuff.”

579

TJ didn’t remember MJ being extremely thin then, but said he wasn’t concerned to check it.

580

He was just happy and jolly and I was just happy to see him and the kids, TJ said.

581

TJ: We talked primarily about the children, that I wanted more kids, talked about movies.

582

TJ said before MJ left, he asked him if he was going to London. “I said 100% and he said ok, see you there,” TJ testified.

583

TJ said MJ was excited that TJ was going to London. TJ said he didn’t know if MJ was happy because of tour or for being around his family

584

The only time TJ recalled seeing his uncle in 2009 was at the anniversary dinner.

585

Bina asked TJ about MJ’s wedding gift to him, which was $30,000 in cash. “He wanted to pay for my wedding, but the wedding passed,” TJ said.

586

TJ reluctantly accepted the gift. Bina asked if MJ was in financial difficulties then and couldn’t afford the gift. TJ said he didn’t know.

587

Bina: Did you ever talk to your uncle about his finances?

588

TJ: No

589

I don’t think he would be sad if he was sad, TJ said about MJ during the anniversary dinner.

590

At the dinner, MJ seemed happy, TJ said.

591

Bina: Did you consider your uncle to be a private person?

592

TJ: For the most part, yes

593

Bina: Did you ever see a doctor on Dangerous tour?

594

TJ: No

595

I don’t remember seeing a doctor in the HIStory tour either, TJ said.

596

TJ testified he was familiar with Dr. Metzger. He said he had not heard of the drug Propofol before MJ died.

597

I’ve heard many rumors about my uncle that were not true, TJ testified.

598

Bina: You never personally saw substance abuse?

599

TJ: No

600

TJ said he didn’t believe MJ had a substance abuse problem, never saw him take pills.

601

Bina asked if TJ thought MJ would’ve told him if he had a drug problem.

602

I don’t think he would’ve told me, but I’m not sure. He told me some things, but I don’t think so, TJ responded.

603

My cousins and I were going to Laker game, they wanted to go to ESPN zone before the game, and that’s when I met Randy Phillips, TJ said.

604

Bina asked if TJ thanked Phillips for getting them tickets. TJ testified he didn’t know he got the tickets.

605

But in his deposition, TJ testified he did thank Phillips for the tickets.

606

Bina asked about MJ’s lavish lifestyle.

607

It’s hard to measure myself against my uncle, he was kind of person who loved art, liked collectibles, liked the best of the best TJ said

608

But TJ noted MJ wore pajama bottoms, V necks, and Mickey Mouse watches.

609

Homes I would say yes, he wanted nice homes. Cars yes and no, TJ explained.

610

TJ said MJ was very important to him, had a lot of influence on him.

611

Bina: It’s hard for you to believe he could’ve died of drug overdose?

612

TJ: It’s hard for me to know that he’s dead

613

Bina: Do you believe your uncle was murdered?

614

TJ: I do

615

He (MJ) did tell me and a couple of his brothers he would be murdered because of his position, because he was a target, TJ said.

616

TJ had conversation with MJ about it during mid 90s to mid 2000s.

617

In re-direct, Boyle said he wanted to talk about the Lakers tickets.

618

Boyle: Did you know at that time that Mr. Phillips had a secret meeting with Dr. Murray?

619

TJ: I didn’t know

620

TJ said they didn’t go with Phillips to the Laker game, he was just there, at the game zone.

621

Boyle: Do you think Jackson’s kids should be allowed to go to the Laker games?

622

TJ: I think they should go anywhere they want

623

TJ said he began acting as the children’s co-guardian shortly after MJ died.

624

Boyle: Did you do it for four years for free?

625

TJ: It was out of love

626

TJ said his grandma convinced him to accept payment because he has three kids of his own that are losing a lot of his time.

627

Nothing further from the attorneys, TJ he was excused. He traded places with brother Taj in audience, sat next to his grandmother.
Taj Jackson

Taj Jackson

Those who believe crazy lies about Jackson should read the testimony of Michael’s other nephew – Taj Jackson, the eldest of the three.

His testimony has a lot of those ‘details’ so loved by the tabloid press, only in a normal context and in their real meaning – up to Michael sending him a note together with a camera he bought him and signing it as “Your uncle Doo-Doo”.  It is even funny to recall how much fuss the media made over that nickname when Michael used it for others.

Taj says Neverland was a place to help children, especially sick children – like Ryan White, the boy ill with AIDS who was harassed at school and was forced to move from his hometown when they sent a stone into his window.

People flattened into the wall when he passed by and were afraid to breathe the same air with him, and it was at a time like this that Michael went together with Ryan White into a pool in an effort to boost the boy’s confidence and heal some of his emotional wounds.

Michael did it on purpose though he, like everyone else was afraid of AIDS, and we know about this episode from Arnold Klein’s speaking to Larry King:  http://transcripts.cnn.com/TRANSCRIPTS/0907/08/lkl.01.html

Here is Taj Jackson’s testimony:

628

Deborah Chang did direct examination.Taj, real name Tariano Jackson, II is 39 years old. He is the first grandson.

629

I was spoiled with love, let’s just say that, Taj said.

630

Taj said he was close to MJ. “My uncle, besides being my musical role model, he was like an older brother to us,” Taj explained.

631

He guided our lives, he was everything, Taj said about MJ. “I feel lost some times because he’s not here.”

632

When my mom passed, he stepped in and made sure our whole world didn’t crumble, TJ said about MJ.

633

MJ helped us with school, Taj said, paid for his college. He encouraged his nephew do it for his mother, to make her proud.

634

Taj said his mother and father were very much in love, but separated. “They loved each other, I never understood the problem.”

635

My mom really looked up to my uncle, leaned on him a lot, Taj testified. “He loved the way that she raised us.”

636

It was known she put us first, Taj said. Dolores (DD) Jackson was Taj’s mom’s name.

637

Taj said he stayed at Neverland many times. “Neverland to me, he (MJ) always let us know, it was to help people,” Taj explained.

638

My uncle didn’t eat candy, it was for the sick children he was bringing to Neverland, Taj explained.

639

Taj said MJ would take hundreds of people from Make a Wish foundation. “He wanted to make them better, he felt that he could.”

640

Ryan White became poster child for HIV/AIDS Taj said. This was during the time we were all terrified about it; Ryan was kicked out of school

641

They had a really strong relationship, Taj said, explaining MJ took Ryan to Neverland, went into the pool with him.

642

It was Disneyland, Taj said about Neverland. “He named the train station after my grandma, Katherine. There’s a plaque with her name.”

643

After Ryan White died, Taj said MJ dedicated the song “Gone Too Soon” to him.

644

Chang played the video clip of the song.

645

Taj: Michael taught us that being a musician and having the influence not only to make music but to make a change in the world

646

He was constantly trying to help people, Taj said, adding there were lots of things the media didn’t know about MJ.

647

I was the first Jackson to go to college, he was so proud of that, Taj said.

648

Taj also attended Buckley School, went to Loyola Marymount college, studying Music, Film and TV. He needs to finish the last year of school.

649

Chang: Was he your mentor?

650

Taj: Yes, definitely

651

Taj said his dad Tito was his mentor at baseball. He coached their little league team.

652

Taj said he shared three things with MJ: Music, Film and the Three Stooges, which Michael loved.

653

He bought me my first camera, Taj said. He shot home video of his mother and brothers while she was still alive in 1994.

654

I keep my most sentimental things in my safe, Taj explained about a note he has from MJ.

655

Note: Taj, I saw these and thought they were perfect for you. Love always, Uncle Doo Doo

656

Played snippet video of 3T.

657

Taj said MJ was very close with Lionel Richie.

658

Taj co-directed their last video for album brotherhood. Chang played a snippet of it, quite funny video. Some jurors were laughing.

660

Chang: Was your uncle proud of you?

659

Taj: Yes, very proud

661

Taj said MJ asked him to help raise the children. Taj said he was just about to begin tour with 3T and MJ understood it.

662

Taj became the person in charge of MJ’s storage and belongings.

663

Chang asked Taj who was MJ’s mentor:

664

Definitely my grandma, he would tell me that, you could see it, I sensed  that, Taj responded.

665

My mom was my mentor and my mom’s mentor was my grandma, Taj said.

666

They all shared the purity in their heart, Taj explained.

667

My grandma was my uncle’s compass in life, Taj said. “He was constantly trying to make her proud of him.”

668

Taj said having children was something they encouraged MJ, since they thought he was going to be a great father.

669

When MJ died, Taj said they stepped in right away.

671

It lit him up, that’s what he lived for, his kids and my grandma, Taj said.

672

I think it’s more difficult because my uncle to them was both father and mother, he was everything for them, Taj said.

673

When you lose a parent, your life is never the same again, Taj expressed. He said it hurts specially during milestones moments in his life

674

I just got married, Taj said, crying. “And my mom wasn’t there.”

675

Taj told the jury they chose to marry at Hayvenhurst because it was the place his mom and his uncle would be.

676

Taj got married on June 16. He said he had a vase with a candle in it lit for his mother.

677

Judge breaks for afternoon session. Katherine wipes her eyes.

679

Taj said he and his brothers wrote the song “Everything” at Hayvenhurst.

680

Attorneys and the judge discussed extensively about things that one side wants to show the jury but the other side doesn’t.

681

Judge adjourned session early for the jury. They are ordered back tomorrow morning at 10 am PT.

682

Karen Faye will resume her testimony tomorrow from a few weeks back. We hope to see you then!

Friday June 29, 2013

Karen Faye is back on the witness stand. Her testimony will be important as AEG lawyers are planning to grill her over the e-mail she sent to Frank Dileo on June 22, 2009. This email was spread a day or two prior to her testimony by some knowledgeable MJ’s fans who have access to the AEG exhibits and who are always there to expose the true colors of those witnesses whose testimony may be a danger to AEG.

The e-mail indeed leaves much to be desired. It is provided here the way it was sent to me with the marks in yellow made by the fans so that no one overlooks the terrible things  Karen is saying here:

Karen Faye's email to Frank Dileo on June 22, 2009

Karen Faye’s email to Frank Dileo on June 22, 2009

The things are terrible indeed – first, Karen thinks Michael to be an addict (though she did not see him since 2005 and knows nothing of his present state), then she does not approve of Michael saying to his fans that he is unable to do 50 shows due to his condition (she, like AEG, is afraid of bad publicity), then she suspects him of setting himself to be the victim (no comment!) and then she expains what she thinks of AEG in this situation.

And at this point we realize that she considers AEG to be some kind of a benefactor to Michael, who provides finances for the project and Michael is just using the “good guys”.

Well, of all Karen Faye’s mistakes this is the most crucial one. She thinks that AEG is sponsoring the tour, is bearing all the expense on it and Michael simply does not realize how lucky he is to have such a great care-taker by his side. I am sure that now Karen  Faye deeply regrets her words and if she had known then that everything was to be paid for by Michael Jackson himself – including her own salary – her attitude and tone would have been totally different.

Thinking that AEG was sponsoring everything was actually everyone’s biggest fallacy. This was a myth actively promoted by AEG Live and its Randy Phillips – both when Michael was alive and after he died. Well, even we initially thought that AEG suffered tremendous losses as a result of cancelling the tour and felt sorry for the poor, poor concert promoters who now depended wholly on the insurance for compensation.

The news that AEG turned all production expenses into Michael’s responsibility became known only two years later, during  Murray’s trial, when Ed Chernoff asked Randy Phillips a point-blank question if Michael was responsible for them and he answered “Yes”.

We already knew it by then as we had read the contract, but the general public and the tour company had no idea about it. When we are reading their testimonies at the AEG trial now, it is typical to see each of them say that they had contracts with AEG, thought that it was AEG who was paying them and none of them had the slightest idea that their salary, accommodation and everything else was to be covered from Michael Jackson’s pocket. If they had only known…

You think that this is a small matter? Absolutely not! It helps us make some very important conclusions:

1) If all of them thought that AEG was paying for everything, it explains why all of them were extremely respectful of AEG and often critical of Michael. This was the intentional game AEG was playing to diminish Michael’s influence and make everyone do what AEG wanted. Let Michael pay for it in the end – no one will ever know about it anyway.

2) Phillips said to Murray brutal things like “they were paying for the toilet paper he was wiping his ass with” (referring to MJ of course) and if similar things were said to everyone in the company this made people automatically look up to AEG as their big boss, follow AEG’s instructions and look down on Michael. This was a fraud and an extremely mean thing to do to Michael.

3) If all company viewed AEG as their boss there is no doubt that Murray thought like others did – AEG were to  pay him, they were his bosses and he was answerable to them like everyone else on the tour. This by the way explains why Murray was always reluctant to take money from Michael and took it only when the children brought it.

4) And finally, if all of them were  thinking that AEG was so great a benefactor to Michael, it is most probable that Michael thought in the same way too. So the above not only means that Murray was fully in AEG’s employment, but it also means that Michael did not know that production expenses were his responsibility and not AEG’s. This expains why Michael did not leave any confirmations approving production costs and why AEG turned to Tohme and Frank Dileo for declarations to that effect.

And this can be one of the reasons why Frank Dileo’s computer keeps disappearing. I hope no one doubts now that it is wholly AEG’s doing and all that remains to be seen here is what they are hiding this way. By the way, Karen Faye’s email must have been taken from Frank Dileo’s computer as it is highly unlikely that she provided it herself. And this means that AEG had access to it and sometime after that the computer disappeared.

No, the more we learn about this AEG business the more hair-raising it becomes.

As to Karen Faye I refrain from passing judgement on her. Despite all her misconceptions about Michael she was deeply worried about his health, approached Ortega and Phillips about it, and even went into a confrontation with AEG after Michael’s death. At the very least she cared, and as to her mistakes – well, he who has no fault throw the first stone at her.

Please do not miss in Karen Faye’s testimony the fact that even when Michael already knew of 50 shows he still did not know of their  awful schedule when 35 shows out of 50 had only one day break between the concerts:

Friday June 29 DAY 40

683

Karen Faye, MJ’s hair stylist/make-up artist, is back on the stand for cross examination. AEG’s attorney, Marvin Putnam, is questioning her

693

Katherine Jackson is not in the courtroom.

694

Faye testified 7 weeks ago, May 10. Putnam asked her if she done anything to prepare, like look at the transcript. She said yes, periodically

695

I was deposed for 4 or 5 days and I talked to plaintiffs for 1 day, Faye said. She reviewed transcripts but not what she said on the stand

696

She didn’t look at exhibits, but met with plaintiffs’ counsel, Faye said.

697

Faye got MJ ready for the criminal trial in June 2005. She didn’t talk to him at the day of acquittal, he left for Bahrain.

698

Putnam: Were you upset you that you had been there everyday and he didn’t say good bye?

699

He had been thru a horrible, horrible ordeal. Whatever he had to do to recover from that, that was fine, Faye said.

700

Faye on MJ: “I understood that he wanted to leave.”

701

Faye said MJ never returned to Neverland after that, neither did she. She didn’t see MJ in 2008 at Carolwood.

702

Faye didn’t talk to MJ when he came back into the country, heard from him every 3,4, 5 months and they were like brother and sister.

703

Faye said she found out about “This is It” tour on the news. She wasn’t surprised, MJ had mentioned he had projects.

704

Faye said she got a call from Michael Amir mid March saying he was MJ’s assistant, Michael wanted her to go on the tour with him.

705

She said she didn’t think it was strange that Michael had an assistant calling her. Previously, MJ would call her directly.

706

He didn’t give me too much information, said MJ would call me from blocked number, make sure to pick up, it had to do with tour, Faye said

707

It was a really happy and light conversation, Faye recalled. “Work with me Turkle, Work with me Turkle,” Faye said MJ told her.

708

We kind of laughed and chuckled. I think I mentioned in that conversation I was excited for him going back on tour, Faye testified.

709

Faye said MJ told her he thought it was only going to be 10 shows but when he woke up, and it was now 50.

710

He was a little discouraged about the number of shows, Faye said. She told MJ they would have to work on his hair to get him ready to tour.

711

Faye said she knows that was part of their conversation, but wasn’t sure if it was part of their first conversation.

712

Putnam: He asked you to work on the tour and you said yes?

713

Faye: Yes

714

Faye said she remembers seeing the media following his bus, but is not sure she saw the press conference announcement live.

715

Putnam: How did you think he looked?

716

Faye: Oh, ok. I just thought that he had a really bad hair piece on

717

His wig was so big, Faye said, explaining that because of her work she notices people’s hair and make-up.

718

I thought his behavior was a little odd, but not out of the ordinary, Faye said.

719

Faye said she found some text messages related to the period, couple of days before MJ’s death.

720

Faye said she didn’t even know she still had the phone. She said she looked at the texts to remember dates, turned them to defendants today

721

Faye said she was sick a couple of weeks ago and that’s when she found the phone.

722

Faye: You keep asking me things about dates, I’m trying to remember, I was trying to refresh my memory about things

723

I was concerned on how close the shows were together, sir Faye said. She reached out to Kenny Ortega and Michael about it.

724

Faye said she learned about the tour schedule online. She doesn’t recall if there was a three month break.

725

He might make 1st week but it will go downhill after, Faye said. “I felt the schedule was too difficult for him to maintain”

726

Putnam: You didn’t see MJ for 4 years and thought it was a problem?

727

Faye: I said it could possibly be problem, I didn’t say it was definite

728

Putnam showed Faye the calendar for the shows of “This Is It.” She said she had not seeing it, what she saw was a list online.

729

Faye agreed with the concept that she did call and expressed concern, but didn’t say it was dangerous and impractical.

730

I had no concept of Michael’s ability at this time, Faye said. “I was always protective of Michael and his well being.”

731

Faye: When I saw that there may be a problem, I did speak out, but exactly what they are talking here, I don’t know

732

I think he didn’t know how the schedule was, he should go a look at the schedule and how he feels about it, Faye explained.

733

That’s funny, my mother said the same thing, Faye said MJ told her.

734

By the conversation I had with him, he didn’t seem to know the structure, only that it was 50 days, Faye said about MJ.

735

Faye: I just wanted him to make sure he knew the schedule and if he was comfortable with it

736

Faye said she worked with a wig maker and they both went to Carolwood to see MJ. “Sir, we needed to prepare for the show, sir.”

737

She testified she needed to get some funds to start working on MJ’s wigs and was told to speak with Dr. Tohme.

738

I really, really loved Grace when I first met her, Faye said. “I adored her, I was really happy Michael used her as the nanny.”

739

As her responsibilities grew, she kind of stood in the way, it seems she always tried to keep me away from Michael, Faye said about Grace.

740

Michael seemed to have more difficult time when Grace was brought back to Neverland, Faye said, referring to the time of criminal trial.

741

I just noticed that Michael started having a lot of back pain Faye said. “With the symptoms of losing a lot of weight, and the pajama day”

742

Faye explained the day during the criminal trial MJ went to court wearing pajamas one day.

743

That day, Michael went to the hospital because something happened to his back and they gave him some pain killers, Faye testified.

744

The judge was informing MJ he had to go to court or he would be sent to jail Faye said. So he went to court in pajamas, couldn’t get ready

745

They were going to throw him in jail if he didn’t get there on time, Faye said.

746

Faye said a lot of her information came through Tania and their concerns. Tania took care of Faye’s businesses affairs.

747

Putnam said the contract with between the company of her Tania’s company, not Faye.

748

Putnam: Did you have an understating as to whether or not you were an employee of AEG Live?

749

Faye: I worked for This Is It and the production of the tour

750

The process of his hair took a long time, Faye said.

751

Faye said she needed to be able to get to MJ, so she asked in the contract to be close to him.

752

I don’t know where they were going to put me, she explained. “I wanted to make sure they could get to me if they needed.”

753

When you do somebody’s hair there’s a lot of things involved and he didn’t want people to see it, Faye said.

754

Faye said MJ liked privacy.

755

Faye said she needed probably 5 wigs, each costing $3,500. She said it was a long process to get one ready, needed reserves for emergency.

756

Faye requested the wig receipt be as discreet as possible.

757

It meant Michael didn’t want anybody to know he wore a wig, Faye said.

758

Botox inhibits sweating, so Faye thought MJ could have Botox injection on his scalp and he wouldn’t sweat, the wig would stay on.

759

Faye said Latisse and Propecia prescriptions for Michael were under her name.

760

The Propecia rejuvenated hair on men’s scalp, Faye said, and she needed as much healthy hair as possible.

761

Faye said one of MJ assistants would some times give her skin creams to give to MJ.

762

I think I was giving her something to take care of all my business and pay bills, but can’t recall the amount, Faye said.

763

Ortega demanded Michael to take off sunglasses, they gave me orders sir, but not pertaining to make-up and hair, Faye said.

764

Putnam: Did you work for Michael Jackson?

765

Faye: He requested me, sir, he called me and asked me

766

Putnam: Did they do a background check on you?

767

Faye laughed out loud and said, you’re so funny. I don’t think so

768

No, there was no background check done on me, Faye said, explaining she knows the background check is one of the issued of the trial.

769

She worked with MJ for 27 years.

770

Faye said she saw information about the trial on the news and internet.

771

Putnam asked if AEG did financial check on her if they’d find problems. Plaintiffs objected, asserting witness’s privacy. Judge sustained it

772

Putnam asked Faye what she did in April and May 2009 to prepare for the tour. She said she attended productions meetings at Center Staging

773

I was researching all the adhesives available, trying to figure out ways to have my job be successful, Faye said.

774

Faye said she worked in a bedroom downstairs at the Carolwood house, never went to the second floor bedrooms.

775

In the first period of rehearsals, Faye said he seemed ok.

776

Faye doesn’t recall how many times a week she saw MJ from March to June.

777

If compared to how I used to know him, it was little different, I can’t say it was exactly how it used to be, Fay said.

778

Faye said rehearsal was really, really dried and that kind of bothered her

779

I noticed some physical things that were odd, Fayed recalled.

780

It’s thinness was still bothering me, Faye testified. “He wasn’t gaining anything, that was a concern.”

781

Faye said she was so concerned she brought an old time MJ’s cook who had a restaurant nearby to bring him food.

782

It wasn’t the MJ at 29, but he did Billie Jean and it was MJ, everyone was really excited about that, Faye said about rehearsals in June.

783

I asked Michael’s security if he was going to see Dr. Klein, Faye testified.

784

Putnam asked why Faye inquired specifically about Dr. Klein.

785

I was kind on the lookout for doctors getting involved, Faye explained.

786

Because in the media, there were reports that he had gone to Dr. Klein, Faye explained. “What I asked is how often he went there.”

787

Faye said they said Jackson’s security confirmed MJ was seeing Dr. Klein maybe 3-4 days a week.

788

That concerned her, Faye said. “Because of the past, when I’d see doctors get involved in Michael’s life,” Faye explained.

789

Faye never spoke with MJ about it.

790

Faye said she expressed that concern to Frank DiLeo, MJ’s manager at the time.

791

I was really getting worried about Michael’s psychological state, Faye said.

792

She was concerned about Dr. Klein and aware of Dr. Murray in the week prior to MJ’s death.

793

Faye said she had a conversation with Kenny Ortega about Dr. Murray. She never asked about Dr. Klein.

794

Putnam: Did you express to KO any concern you had about Dr. Conrad Murray?

795

Faye: Yes, that he wasn’t a psychologist

796

I didn’t know Conrad Murray at that particular point other than expressed the concern of what I think Michael needed, Faye said.

797

Faye said she can’t recall ever having a conversation with Ortega about Dr. Klein.

798

Regarding the fitting day, where MJ wore t-shirt and shoulder piece, Faye said she was there but didn’t see him when they did the fitting.

799

Faye said she saw MJ down to t-shirt several times, since she had to wire MJ, put wires and battery packs on him.

800

Putnam: Did Randy Phillips ever pressure you to get MJ on stage?

801

Faye: No

802

Putnam: Did Paul Gongaware ever pressure you to get MJ on stage?

803

Faye: No

804

Putnam: Did Randy Phillips ever personally instruct you to never listen no MJ?

805

Faye: No

806

Putnam: Did Paul Gongaware ever personally instruct you to never listen to MJ?

807

Faye: No

808

Putnam: Did you ever observe Randy Phillips tell anyone to get MJ on stage to rehearse?

809

Faye: He told me he wanted to build a wall around Michael so he doesn’t want to do anything but get to rehearsal

810

Faye said she wasn’t around Phillips a lot, so she didn’t recall Phillips telling anyone to get MJ on stage to rehearse.

811

On June 22, Faye went over to MJ’s house to replace MJ’s wig. She waited couple of hours and was told to leave, MJ didn’t want to do it.

812

Faye said she was extremely concerned with MJ’s health on June 19th.

813

June 23 was the first time they were at Staples Center.

814

I was very concerned during this period of time, I was very, very frightened, Faye explained. She said she had horrible thoughts.

815

I made a phone call to security Alberto Alvarez on Saturday and asked him to watch MJ very closely that I was concerned, Faye testified.

816

Faye said Alvarez didn’t want to stay on the phone, had to go and hung up.

817

Faye said she didn’t have an opportunity to talk to anybody on June 22 about MJ and she didn’t want to ask the children.

818

On June 23, Faye said there were lots of meetings at Staples Center with MJ. She was alone with MJ at some point in the day.

819

Faye said she didn’t remember what she said to MJ, it was probably how are you doing, probably addressed him very casually.

820

Putnam: Did you think MJ had a good rehearsal on June 23?

821

Faye: It was much improved, sir

822

Putnam: How about the 24th?

823

Faye: It was improved

824

Putnam asked if Faye thought MJ would be ready to tour after those rehearsals. She responded “oh no, oh no!”

825

Putnam: You didn’t think he was ready to go?

826

Faye: Oh no

827

Faye explained MJ didn’t gain any weight, there were changes that needed to be done to get him ready, perhaps if they could delay it a bit.

828

It was a very strenuous show, Faye said.

829

Putnam: So you didn’t think he could be ready after watching those rehearsals?

830

Faye: No

831

Faye said there was hope, though.”I saw more of Michael, he was laughing, I saw him participating, yes, there was some relief.”

832

He was still cold, but his spirt was better, sir, Faye said.

833

I wasn’t concerned for his weight for everyday life, but I was concerned for his performance weight, Faye explained.

834

Putnam: Did you ever testify his work weight was 120 pounds?

835

Faye: Lisa Marie Presley have me that information

836

Lisa Marie Presley and I became friends and she told me MJ liked to be at 120 pounds, Faye said.

837

Putnam: Did you say he lost 10-15 lbs the last week of his life?

838

Faye: It was an estimate, yes

839

Putnam: Were you observing Mr. Jackson becoming thinner and thinner?

840

Faye: Yes

841

Michael wasn’t very coherent that week to have a discussion like that, Faye said.

842

Faye said that in Mar/Apr she told Michael she was concerned with his weight. She never talked to him about it during last weeks of his life

843

Faye said people who didn’t know MJ very well would probably not realize he lost lots of weight because of the several layers of clothes.

844

Putnam asked Faye about the fact that Coroner’s report saying MJ was 136 lbs at the time of his death.

845

Putnam: Did you think it was impossible for him to weigh that much?

846

Faye: Yes

847

Because Michael had lost so much weight and he kept losing weight. 136 lbs was a lot for MJ, Faye explained.

848

Faye said she was a bit upset that no one seemed to have been listening to her back in June 2009.

849

I was voicing my opinions and what I thought and I wasn’t getting too much response, sir, Faye said.

850

He would pretend everything was ok Faye said. But she never asked MJ if he was ok since she thought he wasn’t in the state of mind for it

851

Putnam: That last week, you didn’t know what was going on?

852

Faye: Right

853

Faye did not express any of her concerns to MJ’s family remembers.

854

Putnam asked if Faye and MJ knew each other well. Faye said (s)he thought so.

855

Faye said MJ believed in doctors and that wherever they prescribed he thought it was ok.

856

Faye said the first time she heard about Propofol was after MJ died. She was surprised about it.

857

Faye testified earlier in the case that MJ didn’t take no for answer. She said it had to do specifically with her work.

858

Faye said MJ talked about the tour seemed he was trying to convince himself to do it. “It was always like he was talking himself into it.”

859

Putnam: Did you think MJ was self-sabotaging?

860

Faye: I didn’t understand what was going on

861

Email Faye sent to Frank DiLeo was a note from a fan concerned with MJ’s weight on June 20, 2009.

862

Faye wrote in the email: Frank… Unfortunately she’s right.

863

Email cont’d: I’m fearful he I’ll make himself so sick be will die. If he doesn’t do this show he has no where else to go…

864

Another fan email forwarded on June 22 from Faye to DiLeo saying MJ was too thin.

865

When he asked me to do this in May and met with him. I saw a slender but strong and coherent Michael Jackson.

866

Faye added:

867

I felt desperate when I wrote this email, because I felt I wasn’t being heard or acknowledged, Faye said.

868

It seems like he is setting himself up to be the victim, Faye wrote in the email to DiLeo.

869

I thought the best pathway, he needed some psychological help, Faye explained. “I’m trying to figure out what is going on.”

870

Faye said she thought there was some sort of fear with MJ.

871

He hurts himself most of all, Faye wrote. Putnam asked what she meant by that and Faye said “He’s dead!”

872

I don’t think you, Kenny or Randy deserve becoming the villains, or the financial victims, Faye wrote.

873

This is between you and me alone, Faye wrote in the email to DiLeo. “I am leaving this in your hands as you have instructed me to do.”

874

Faye said she was trying to get their attention to do something. “I was desperate. I wanted a therapist for Michael.”

875

No response from Frank DiLeo or anybody else, Faye said.

876

Putnam asked about her saying it was between the two alone, and she said her intention was for someone to help Michael.

877

Faye’s email to DiLeo :Michael  is painfully thin… His bones are protruding. I’m one person that has physical contact ith him very day.

878

Email cont’d: Michael’s OCD is getting worse. He repeats his actions and rambles words constantly.

879

In an email on July 1, 2009, Faye expressed concern to Randy Phillips about footage of MJ shuffling and wrapping around in blankets

880

Phillips responded: We control all the footage and it is locked at the vault at staples center

881

Panish: Were you seeing Michael not able to sing and dance on June 16?

882

Faye: Yes, sir

883

Panish: Did you think that MJ needed some medical assistance that time?

884

Faye: Absolutely

885

He was not in good physical shape on June 19, Faye said.

886

Faye agreed with Bugzee that MJ was deteriorating in front of everyone eyes.

887

Panish: Who did you negotiate your contract with?

888

Faye: AEG Live

889

He was burned a long time ago, had damage to his scalp, Faye said about MJ needing wig. “He had 1st, 2nd and 3rd degree burn.”

890

Panish: Were you being paid $150,000 a month?

891

Faye: No

892

Panish: Did you take the Hippocratic oath when you became a make-up artist?

893

Faye: No, sir

894

Panish asked if someone has died after getting make-up. “I never even burned someone with a hot iron, sir,” Faye responded.

895

MJ went to rehearsal on June 18 but arrived late, Faye said. Ortega was very angry Michael was late to rehearsal.

896

Faye said MJ was scared, paranoid, pressure on the last two weeks of his life.

897

Putnam questioned Faye for 5 days in deposition related to Lloyds of London lawsuit. There were no lawyer representing the Jacksons.

898

I was quite sure he was deteriorating, sir Faye said. “I had no idea what was going on, but there was something very, very wrong.”

899

Faye said she discussed with mortician MJ’s body weight. Panish asked if he looked worse than on June 19. Faye responded: “He was dead, sir”

900

Faye said on June 18 Michael was almost catatonic, stoic, appeared scared to die.

901

Attorneys and judge went into sidebar. Then Faye was excused, subject to recall.

902

Court resumes on Monday at 9:30 am PT. Jackson’s attorney said he’s trying to get Taj to come back.

903

Outside the presence of the jury, court assistant told judge a woman wearing red pants approached two alternate jurors in the hallway.

904

Judge asked Alternates 1 and 5 to explain what had happened.

905

Me and alt 5 standing by water fountain, there was a woman in red pants, white shirt, standing by restroom by the escalators.

906

Alt 1:Seemed she wanted to listen to whatever she could hear. Stood there for a while, alone. I told alt 5 she’s trying to hear us.

907

Alt 1 cont’d: He said she told him she just wanted to say something: “I just want to tell you not to award those people any money”

908

Alt 1 responded that she shouldn’t be talking to them. The woman told him she knows the truth. He told her seriously you need to stop talking

909

Alt 1: She was standing there, not leaving, we walked away towards the hallway. She followed us, “I just want to say don’t award money”

910

M’am I don’t want to hear you, go away, go away, bye, alt juror 1 said he told the woman. She eventually walked toward the escalator.

911

Juror said he has never seeing her before, this happened at the last break in the afternoon.

912

He said he can put it aside and it will not impact his decision on the case.

913

Judge: Does that have any impact on you?

914

Alternate 5 described what he saw: After the break, we were by the pay phones in front of the elevator area, had not seen her before.

915

Alt 5: She was staring and staring. “I know you guys are the jurors in MJ,” he said she told them. “I just wanted to tell you something.”

916

Alt juror said he walked away, alt juror 1 addressed her. She said something about friends and case, he told the judge.

917

Please don’t give anyone any money, she told the jurors. She was wearing red pants, bow or bandana on her hair, light skin.

918

Alt 5: I walked away, paid no attention. Seemed like someone I hadn’t seen before, not a reporter

919

Alt 5 said this episode will not affect his decision in this case. She is probably caucasian, he said, 30-40, can’t remember hair color

920

Panish: That person committed a felony, jury tampering

921

Judge: I agree

922

Jurors looked in the courtroom and didn’t find the woman. They are ordered to report to the court if they ever see her again.

923

And that ended Day 40 of the trial. We hope to see you all on Monday. Have a great weekend everyone!

To all of the above let me also add the information posted by TeamMichaelJackson on July 3d, 2013:

In court hearing this is what has happened April 16th/22nd –


Panish served a subpoena for Frank Dileo’s computer.

Melvin Putnam flew to the state Mrs. Dileo lives in and represented Mrs. Dileo.

Mrs. Dileo’s attorney was on conference call to the court where the Jackson v AEG Live lawsuit was pending downtown Los Angeles.

Mrs. Dileo’s attorney informed the judge that Mrs. Dileo said she did not retain Marvin Putnam to represent her, and she had no idea why he was representing her!

Her computer was taken away from her by AEG Live when Frank Dileo died, she did not know why they took it.

Consequently that computer was returned to her (presumably after anything of importance was deleted from it).

She then gave that computer to her daughter who then gave it to a friend. Since the court hearing in her Sate where Putnam represented her she had located the computer.

She promised to turn it over to her attorney.

Her attorney promised to get all the emails from that computer and give them to the AEG Live and Jackson attorneys.

Marvin Putnam stated he had NO PROBLEM with that.

Mr. Panish stated he was NOT satisfied with that, he wanted the computer as he had an expert that can retrieve any emails from that computer, EVEN IF THEY ARE DELETED…

So now we have been waiting weeks for that hard drive to be examined, Mr. Panish agreed to have the hard drive examined with Mrs. Dileo’s attorneys involvement in case there are sensitive private emails that are not related to the present case…

Since then we have been waiting… and waiting… and waiting…

Today it was revealed Mrs. Dileo had refused to hand over that computer.

http://teammichaeljackson.com/archives/8910

11 Comments leave one →
  1. Anon permalink
    August 19, 2014 8:12 pm

    After reviewing everything, I’m still having a hard time reconciling that email from Faye. Everything fits like a glove (makes sense) – even her texts – except that email. Like if she suspected MJ didn’t really KNOW about the schedule and the intenseness of it, why would she reprimand him about expressing his grievances about it in an email to AEG? I find it almost cowardly that she thinks MJ had ALWAYS played the victim and that he’s done it time and time again….and yet she never came to MJ with those concerns. It really makes me wonder if Faye was really that close to MJ. YEs it could have been that AEG charm but I’m finding it hard to believe that someone who has worked with MJ for 27 years would be influenced that easily by an entity she’s only spent a couple of months dealing with – especially when it comes to her good friend’s state of mind. Its just….really strange and unsettling to me. Either she’s telling the truth in this email or something is really off.

    Like

  2. July 25, 2013 2:09 am

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    Like

  3. Truth Prevail permalink
    July 8, 2013 3:53 pm

    WOW! I hate saying this but what Karen Faye said in that E mail it doesn’t sound like a friend at all. Talk about being an AEG Butt kisser well I hope she now realizes that Michael was the victim and if anybody was being used it was MJ.

    Like

  4. July 7, 2013 12:29 am

    Sure, I see your point of view Helena. Thanks.

    Like

  5. Mariam permalink
    July 6, 2013 6:39 pm

    “This battle is spiritual”
    “I have seen nothing but misery in my life” Michael letter
    I must confess that, I am not a fan of him, even though, I don’t denied he is geniuses in music because, I have no choice but agree with all those experts who works with him for a years. But what impress me most is humanitarian side of him and his innocent character. Read and listened a lot about Michael from both side of people, who likes him and who hate him, peoples who worked with him for a long period of time and from friends and from family members, from his fans, read a legal documents(autopsy report, FBI report, his medical reports, court decisions, the testimonies ) and articles, newspapers including tabloids. Watched a lot of interviews including Michael’s. Finally, concluded that this battle is spiritual. There is a spiritual force out there that works against him day and night. It is amazing, even though he passed away for years ago, still this sprit is attacking him and his family and, I am afraid this will continue working against him (now it is against his legacy and his goodness) and his family unless all mighty God interferes. My prayer is, if may God protect his kids and his family from this force that attacked there father all his life. He was tortured, his soul was tormented. Broke my heart.

    Like

  6. July 6, 2013 10:38 am

    “I find it extremely strange that even after having worked with Michael for 27 years, this is what Karen Faye thinks about him! Her remarks are completely shocking and cannot be justified on any counts. Her choice of words such as Michael” setting himself up as a victim”, and he “using” his “caretakers” for financial gains yet again” – Suparna

    Yes, I found the email shocking too. But then I began thinking and realized that she like many others was under the spell of media ideas and constant Randy Phillips’ hysterics that “they were paying for everything” and all the rest of it. I am pretty sure that words like “he is setting himself up as a victim” or that “he is using his caretakers” come from AEG and are characterizing the general atmopshere that prevailed at those rehearsals.

    I noticed it even in the This Is It movie and winced on several occasions. For example, I absolutely did not like the tone of Kenny Ortega’s reply to Michael when he asked to rid him of those ear pieces and Ortega said something like “You’ll have to”. But on the other hand Ortega was at least worried about Michael’s health.

    I didn’t like Michael Bearden talking to Michael in that episode where Michael said he wanted the music to sound exactly the way he wrote it. Bearden’s reply (or the tone of it) was rather rude and disrespectful, and it was only due to MJ turning the whole thing into a joke that it looked more or less okay.

    In short the atmosphere of those rehearsals was extremely tense and unkind, and all of it due to AEG who were setting the tone. They started with a “freak”, continued with a slap and went on with everyday rudeness and arrogance towards Michael.

    Their key theme was that “they were paying for everything” and their second key theme was that Michael was an “addict” and should not be indulged. The addiction Karen Faye had first-hand experience with during the Dangerous tour.

    So she was in doubt and didn’t understand what was happening. Like all of them she thought that he was taking drugs, destroying himself, and drug-addicts rarely find understanding among people. She didn’t know that it was just his lack of sleep.

    But despite all her grave mistakes she still cared very much about Michael, approached Ortega and Phillips, and after Michael’s death she even got into a confrontation with AEG.

    So I am not ready to pass judgment on her. There was no malicious intent in her behavior (like AEG’s for example) and there was no indifference to Michael’s condition (like Travis Payne’s for example). As to mistakes all of us make them. Who am I to judge her if before Michael’s death I was also of a faulty opinion of him?

    Sorry for having to quote Jesus again, but he said it like no one else did – about a woman guilty of adultery brought to him for punishment: “Let he without fault cast the first stone”.

    No one did. All of them dropped their stones and went away – because there are no people without fault. So it is only the amount of it that matters.

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  7. July 6, 2013 8:05 am

    Hi Helena,

    Thanks again for the post and especially for Karen Faye’s email. I find it extremely strange that even after having worked with Michael for 27 years, this is what Karen Faye thinks about him! Her remarks are completely shocking and cannot be justified on any counts. Her choice of words such as Michael” setting himself up as a victim”, and he “using” his “caretakers” for financial gains yet again, and then trying to move on without meeting his obligations, just show that this is what Karen Faye believed Michael to be doing all the time- not just with AEG. And whenever she is asked if she had shared her thoughts with Michael, whom she looked upon as a ‘brother’, she said no! She sounds so much like the Rabbi, who even when he felt that Michael was not right somewhere, never had the honesty and courage to say that to Michael on his face. And Karen Faye said she thought she was close to Michael?

    Like

  8. jolie permalink
    July 5, 2013 8:59 pm

    Charles Thomson will be on King Jordan’s radio show, tomorrow, 5pm NY time. See his twitter:

    http://www.blogtalkradio.com/jordan-king/2013/07/06/charles-thomson–worlds-leading-expert-michael-jackson

    Like

  9. July 5, 2013 6:32 pm

    We all have opinions. We say things to one person about another which were meant to be private. It is the very reason I find Rabbi Shmuley Boteach contemptible. He claimed the status and violated the tenants of spiritual adviser. He shared what Michael did not mean to be public. He included private and privileged conversations in his book which may have wounded Madonna and others. Conversations Michael would never have approved of releasing had he been alive. Things Michael thought or felt not all the time, but at a moment in time. But as Marco B says Karen is not the one on trial here.

    Like

  10. July 5, 2013 2:58 pm

    “There is also some information in this article about the Dileo women held in contempt” – Susanne

    Yes, thank you. Here is the article in full to see what’s what:

    Dileo’s widow, daughter held in contempt as lawyers fight over manager’s laptop, phone
    July 4, 2013
    By DEANNE JOHNSON – Staff Writer (djohnson@mojonews.com) , Morning Journal News

    LISBON – Two Wellsville area women – the widow and daughter of one of the late pop star Michael Jackson’s managers – found themselves in Columbiana County Common Pleas Court Wednesday morning facing contempt of court allegations.

    According to court documents, Linda Dileo, the widow of Frank Dileo, and their daughter, Belinda Dileo, have been requested by subpoena to turn over the laptop computer and cell phone of Frank Dileo, who died in August 2011. However, they have both failed to do so, prompting the contempt motions.

    The electronic devices are being requested by Jackson’s mother, Katherine Jackson, and the children of Michael Jackson, who are currently involved in a civil trial in Los Angeles about Jackson’s death. In that suit, Jackson’s family members are claiming the wrongful death of the music star while he was preparing for the “This is it Tour.” The lawsuit has been filed against AEG Live LLC and others involved in Jackson’s career near the time of his death.

    The Jackson family involved in the lawsuit reportedly is hoping to find emails or documents related to the health of Michael Jackson between Jan. 1, 2009 and June 25, 2009 – the date of Jackson’s death.

    Local attorney David Tobin was requested to take a deposition from Linda Dileo on behalf of a request from the California Superior Court in February. A motion was filed in March on behalf of Linda Dileo to quash the subpoena, which was followed by a motion to compel her to give the deposition. Finally, on May 28, the deposition was taken.

    According to court documents, Linda Dileo testified the laptop being sought by the subpoena was given by her daughter to a friend. She agreed to attempt to locate the computer in the next seven to 14 days and hand over the cell phone immediately. However, neither has been turned over.

    Additionally, Belinda Dileo reportedly failed to answer in her deposition any questions regarding whom she had given the laptop computer. William Bloss, an attorney for Koskoff, Koskoff and Bieder of Bridgeport, Conn., representing the Jacksons, said he would be willing to not learn the name of the person who has been holding onto the laptop provided when they receive the computer it has not been tampered with.

    A computer expert, David Wilkeson of Tech Advisor LLC of Canfield, has been hired by the Jackson contingent to review the laptop and possibly the cell phone should they be provided. He testified on Wednesday how he would make a mirror image of the contents of the laptop without jeopardizing the data.

    Wilkeson, who agreed to sign a confidentiality agreement, said he would be able to create read-only files from the contents of the laptop and search them for keywords or names. Wilkeson said he has a background in doing similar work for local police in cases involving white collar fraud and child pornography.

    Bloss pointed out the Jackson family has concerns about items on the laptop not being disclosed because it should be privileged information.

    Attorney Chris Amato, recently asked by the Dileos to represent them in court, said the family also has concerns about the contents of the computer and cell phone, noting these are personal items of a deceased family member. Frank Dileo reportedly was using these items when helping Jackson prepare for the upcoming tour, which never occurred due to his death.

    Amato questioned about the chances of the computer’s contents being destroyed, erased or revealed.

    “They don’t have any safeguards,” Amato said.

    Wilkeson said the only chance of a problem is if the computer would fail electronically while he was pulling the copies of the contents from it.

    Amato also said the women have told him the cell phone was given to attorney Carolyn Dorazio of Wexford, Pa., who at one point served as the attorney for Belinda Dileo.

    Tobin said obtaining the laptop and cell phone has been “like pulling teeth, as the court can see from what has taken place.” He further requested Linda and Belinda Dileo be found in contempt of court and if they failed to produce the items by Friday, they should be incarcerated until they produced them.

    Bloss added time is growing short. After the hearing, Bloss said the civil lawsuit in Los Angeles started about two months ago and testimony on behalf of Katherine Jackson and the children is expected to continue for another week or two. Then the testimony on the side of AEG and the other defendants is expected to take at least six weeks.

    Judge Scott Washam agreed to find both Dileo women in contempt, despite an objection by Amato that Linda Dileo had offered and done everything in her power to produce the laptop but it is not in her possession. Washam gave the Dileos until Monday to produce the two items so their attorney can get them to Wilkeson. Doing so would purge them from the contempt.

    Another hearing was set for Wednesday, July 10 to ensure the order to produce the items is followed.

    AEG Live Entertainment LLC also had an attorney in the courtroom, Richard Buckner, who only spoke up once when he believed a comment made by Tobin about an email may have accused his law firm, O’Melveny and Myers LLP of Los Angeles, of “game playing.”

    According to court documents, O’Melveny and Myers represented the Dileos in earlier court proceedings.

    http://www.morningjournalnews.com/page/content.detail/id/547652/Dileo-s-widow–daughter-held-in-contempt-as-lawyers-fight-over-manager-s-laptop–phone.html?nav=5006

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  11. July 5, 2013 2:25 pm

    There is also some information in this article about the Dileo women held in contempt:

    http://www.morningjournalnews.com/page/content.detail/id/547652/Dileo-s-widow–daughter-held-in-contempt-as-lawyers-fight-over-manager-s-laptop–phone.html?nav=5006

    Regarding Karen Faye’s email I have an understanding that she probably was a bit angry when she had to wait for some hours for Michael at his home on June 22 and then was told to leave. She wrote this emai the same day.

    Thanks, Helena, for the posts. They make it easier for me to catch up with all information after being away for a few days.

    Like

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