News summary of week 10 at the AEG trial. Dr.SCHNOLL, President KENNEDY and MICHAEL JACKSON

Here are the ABC7 Court News tweets for three days on week 10 of the AEG trial. There was no court on Thursday and Friday.

Each day had crucial information. The summary also includes quotes from the testimony of a drug-addiction specialist Dr. Schnoll, the plaintiffs’ witness. Those who don’t want any of it may scroll down and read the several paragraphs of the summary for week 10 made for them by the Associated Press.

But for the rest of us here is the full story: 

Monday July 1, DAY 41

All I can say about the Human Resources consultant Jean Seawright is that now we know why AEG hurriedly fired their Human Resources chief just prior to the trial. Their HR chief would have had a very hard time explaining things which were made simple and easy by Jean Seawright:

• independent contractors can do the same damage as employees of the company, so both should be thoroughly checked (AEG claims they check only their employees and for the show they hire whoever comes their way)
• four types of background checks should have been made on Murray, costing  $5-25 , however there is no evidence AEG checked up even his medical licence
• the idea of a credit check is not to see whether there is or isn’t a debt – it’s the fact that a person is in default of the debt and hasn’t met his obligations which is important. Jean Seawright didn’t even do the remaining three checks as Murray’s credit history was already enough to deny him employment. Great point!

But at the last moment AEG’s attorney Jessica Bina pulled out a discrimination card and said that the Equal Opportunity Employment Commission says a credit check is a discrimination policy. Panish fought like a lion to make it clear to everyone that it is not a law, but just a guideline and Bina’s statement should be stricken out. The judge was in doubt.

Bina also said that it was a “mistake” to word in Murray’s contract that he was to perform the services requested by the Producer. The HR specialist answered that several higly qualified people reviewed it and left it in the final variant. To this I can add that Kathie Jorrie at Murray’s trial said Murray asked to replace “Producer” by “Artist”, but AEG did not.

So if it was a mistake it was an intentional one.

	Monday July 1 DAY 41
1	Hello from the courthouse in downtown LA. Day 41 of Jackson family vs AEG trial underway. Plaintiffs called a new witness on the stand.
2	Jackson’s attorney, Brian Panish, is questioning Jean Seawright, a Human Resources consultant.
3	She has her own company, helps clients find, hire, train, compensate, terminate workers; basically the entire life cycle of an employment.
4	Seawright said human resources relates to the people and the workers in a business.
5	She has clients in various line of businesses: pest control, law firms, restaurants, car dealerships, hospitals, etc.
6	Seawright has BS in Chemistry, has consulted in the field of HR for 25 years, advising owners and managers of human resources practices.
7	Seawright said there are several types of background check, including driving, criminal, credit and social security check.
8	Seawright has testified in approximately 16 cases. Being an expert witness composes about 10% of her company’s revenue.
9	She charges $300/hour and has works a little over 100 hours in this case, Seawright testified.
10	Seawright has never works in the music or show producing industry, but said that she’s qualified to testify since HR principles are the same
11	She said her goal is to hire workers who are fit for the position and who are not going to put themselves or others at risk.
12	Seawright said she doesn’t differentiate independent contractors and company employees, since it’s just a classification/label of a worker.
13	The same risks exist, regardless of the label, Seawright explained.
14	You can’t manage what you don’t know, Seawright said.
15	It’s important to understand what the history of what an individual is before hiring them, Seawright explained.
16	She said that knowing the background of workers diminish the risks of the hiring.
17	Depending on the reports, the cost can be as low as $5, background check from $10-15, $25 with other fees, Seawright testified.
18	Seawright explained smart hiring process, which can minimize the risks and hire a competent and fit employee.
19	Panish asked assuming Paul Gongaware knew MJ had prescription drug issues, would that knowledge be critical in hiring a doctor for MJ?
20	Yes indeed, it would elevate the risk even higher, Seawright answered.
21	Seawright: The organization knows the potential to harm the artist, they have information about the parties, which would elevate the risk.
22	I’d recommend criminal background check, credit and motor vehicle check and a social security verification on Dr. Murray, Seawright said.
23	Dr. Murray was in position of administering medical care but was paid by company that had the ability to stop the tour, Seawright said.
24	Had that happened, Dr. Murray would not be able to continue to work, he was in a conflict of interest, Seawright continued.
25	She said she saw no evidence of AEG conducting checks on Dr. Murray.
26	Panish showed a chart of AEG’s process to check out people, which separates employees from independent contractors.
27	Seawright said there are risks involving employees who are not necessarily dealing with money.
28	The expert said that looking at someone’s professional license is not enough to qualify a potential worker.
29	Seawright went through all the procedures AEG has in place to hire independent contractors and said most of their process only protects AEG.
30	Seawright said the label of the employee doesn’t change the fact that the company is responsible for the hiring of fit and competent person
31	Panish: Could independent contractors cause the same damage as employees?
32	Seawright: Yes
33	Seawright said background checking minimizes the risk of hiring someone.
34	Seawright opined that just including in the contract that Dr. Murray needed to be licensed is not sufficient to determine his competency.
35	I did not see any evidence in my review of documents and testimony, Seawright said about AEG checking Dr. Murray’s medical license.
36	You can’t just always take people’s word Seawright explained, saying that until you check their credentials you don’t know if they are fit
37	Panish: Did you see anything that qualified Dr. Murray as extremely successful?
38	Seawright: I saw nothing that was done to determine that
39	Seawright talked about Phillips’ email where he said Dr. Murray was extremely successful and didn’t need the gig.
40	She said Phillips acknowledged what the criteria was, that they needed someone ethical and unbiased.
41	Seawright said entertainment companies are not different from others, HR is practice across businesses lines to find fit, competent workers
42	No matter what business you are, you need to follow HR protocols, Seawright said.
43	The email is a recognition by Mr. Phillips to hire someone who doesn’t need the gig, Seawright opined.
44	The expert explained the credit check is used to determine whether or not the person met all his/her obligations, if there had any default.
45	Seawright explained the problem is not the debt at all, it’s the fact you are in default of the debt, that you haven’t met your obligations.
46	She said credit checks are inexpensive, cost between $5-8 and takes about 5 minutes to get the report.
47	As to Dr. Murray, Seawright said AEG should have done, at minimum, a credit check.
48	MJ was just a referral of Dr. Murray, Seawright said, and AEG should’ve done further investigations on him.
49	Seawright said Dr. Murray was going to be in MJ’s house, would have exposure to confidential information, so he needed to be checked out.
50	Moreover, Dr. Murray would be providing medical care to MJ, and AEG should’ve checked him out, the expert opined.
51	To get a credit report, you have to have the individual’s consent, Seawright said.
52	Court is now in recess for lunch. Testimony should resume within one hour.
53	After lunch, Seawright resumed her testimony.
54	Katherine Jackson is not present in court today.
55	The expert analyzed an email from outside counsel Kathy Jorrie to Phillips recommending background check on Dr. Tohme.
56	During deposition, AEG’s attorney Jessica Bina showed study where out of 158 employers 3 % indicated they did credit check in healthcare.
57	Another part of the survey related to employees working at people’s homes, in which 30% employers conduct credit checks, Seawright testified
58	Panish: Could AEG have done a background check on Dr. Murray?
59	Seawright: There’s no question they could’ve done that, if they wanted to
60	Being in debt is just having debt, Seawright explained. “But default is not paying the debts.”
61	Dr. Murray had three different social security numbers in his credit report, according to LAPD Detective Orlando Martinez.
62	Seawright said AEG could’ve run Dr. Murray’s background and would’ve gotten the same information Det. Martinez received.
63	Panish: Do you know any special rules that apply to AEG Live?
64	Seawright: No
65	Nothing further from plaintiff.
66	AEG’s attorney Jessica Stebbins Bina did cross examination.
67	Bina asked if all the opinions Seawright offered are based on the assumption that AEG, not MJ, hired Dr. Murray. She said yes.
68	Seawright said she did not analyze the info assuming Michael Jackson hired Dr. Murray.
69	Judge told the jurors that ultimately they are the ones who are going to decide who hired Dr. Murray.
70	Seawright Associates has four employees currently.
71	Seawright said she has no idea if plaintiffs checked her background, but that she did not sign a release to check her credit.
72	Seawright said she never ran her doctors’ background. She has not worked with concert promoters or the music industry.
73	The expert said this is the 1st case where a person’s credit history is major issue. The other cases involved criminal history and behavior
74	The expert said there’s no precise definition for independent contractor; there may be characteristics, but not a definition.
75	Seawright: It’s important to be able to identify the best way to hire a worker, minimize the risk, determine if they are fit and competent
76	Some jurors had their eyes closed at this point. It was very dry testimony, some audience members were sleeping.
77	Most common background checks are criminal and reference checks, Seawright said.
78	Bina gave hypotheticals to explain independent contractor.
79	A company can be accused of discrimination if the criteria involved in the hiring uses discriminatory practices, Seawright said.
80	Outside the presence of the jury, there was a heated discussion about a document AEG showed to the jury.
81	Bina showed an Equal Employment Opportunity Commission (EEOC) policy on credit check, saying it is a discriminatory practice.
82	Jackson’s atty Brian Panish argued vehemently that there was no foundation as to the date of the document and if it was in effect in 2009
83	Judge offered to take judicial notice of the document, but Panish said judge couldn’t legally do it.
84	Judge Yvette Palazuelos: is this is a regulation, rule, statute I can take judicial notice?
85	Bina claimed the document, printed out of the website, is a policy and judge should be able to take judicial notice. She will look further.
86	Panish: That was complete error for it to be shown, it should be stricken and jury should be admonished. It was also judicial error as well
87	The court should not allow that, plaintiff has been prejudiced by the misconduct of defendants’ counsel, Panish told the judge.
88	Judge read the document and noted it says “generally should be avoided”, and it doesn’t says it is prohibited.
89	It doesn’t exactly say what you said, judge told Bina.
90	Here’s the text of the policy. Let us know what you think it says: is it prohibited, based on this policy, to conduct credit check?
91	Document: Inquiry into an applicant’s current or past assets, liabilities, or Pre-Employment Inquiries and Credit Rating or Economic Status
92	Doc cont’d: credit rating, including bankruptcy or garnishment, refusal or cancellation of bonding, car ownership, rental or ownership of a
93	Doc cont’d: house, length of residence at an address, charge accounts, furniture ownership, or bank accounts generally should be avoided
94	Doc cont’d: because they tend to impact more adversely on minorities and females. Exceptions exist if the employer can show that such information is essential to the particular job in question.
95	Panish said the document is not a rule, regulation or policy and asked judge to admonish the jury to disregard it.
96	Panish said it’s misleading, inappropriate, should not be presented to the jury and it’s unduly prejudicial to the plaintiffs.
97	Bina argued she thinks it’s clearly admissible, doesn’t think it’s appropriate to instruct jury now.
98	I do not believe there’s any error in showing this document to the jury, Bina said.
99	You, improperly, took judicial notice over my objection and I’m requesting to admonish the jury now, Panish requested Judge Palazuelos.
100	Judge: if it turns out judicial notice was improper but admissible in other ground, it may be difficult to explain to the jury.
101	Judge wants to make sure they get to the bottom of it, whether it is admissible or not, before instructing the jury one way or another.
102	Here’s the definition of judicial notice. Let us know if you think judge made mistake: Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well known, or so authoritatively attested that it cannot reasonably be doubted. This is done upon the request of the party seeking to rely on the fact at issue. Facts & materials admitted under judicial notice are accepted without being formally introduced by witness or other rule of evidence and they are even admitted if one party wishes to lead evidence to the contrary.
103	Bina resumed cross examination, jury back in the courtroom.
104	Bina: Dr. Murray had a medical license, right?
105	Seawright: My understanding, yes
106	Seawright said that once she checked Dr. Murray’s credit check it made him ineligible for employment, thus she didn’t investigate further.
107	There was no need to, Seawright said, explaining the fact that Dr. Murray failed the credit history was sufficient to deny him employment
108	Regarding Dr. Murray’s contract “4.1 Perform the Services reasonably by Producer” Bina said it was an error and Producer should read Artist.
109	Seawright said she saw contradicting testimony, several well-qualified people reviewed the contract and it wasn’t changed in final version.
110	Judge adjourned court for the day. Jurors ordered back tomorrow at 10:00 am PT. Seawright to be on the stand again.
111	Dr. Sidney Schnoll, addiction specialist, is also scheduled for tomorrow. He will talk about MJ’s prescription drug dependency
112	The plan is to have Taj Jackson back on Wednesday. There’s no trial on Thursday and Friday due to the holiday.
113	We hope to see you tomorrow for day 42 of trial. Check all the latest on @ABC7 and http://www.abc7.com

ABC News noticed that Bina and Panish were debating race and that the debate sent off fireworks:

Michael Jackson wrongful death trial: Attorneys debate race, EEOC

Tuesday, July 02, 2013

Miriam Hernandez 

LOS ANGELES (KABC) — In the Michael Jackson negligence lawsuit, an issue of race entered the courtroom and sent off fireworks between the attorneys on Tuesday.

It happened as Jean Seawright, a human resources expert, testified in support of Katherine Jackson’s claim against concert promoter AEG Live.

Seawright stated that if AEG hired Jacksons’s doctor, Conrad Murray, AEG should have conducted a credit check on him. The defense challenged her. Attorney Jessica Stebbins Bina asked whether a credit check might violate federal law.

She cited a statement from the Equal Employment Opportunity Commission, or EEOC, that says inquiries about an applicant’s credit rating, charge accounts or bank accounts generally should be avoided because they tend to impact more adversely on minorities and females. A debate erupted.

Outside the presence of the jury, attorney Brian Panish for the plaintiffs, said, “She said it is law. This was not a law. The jury is going to be confused.”

At least nine jurors are women or members of a minority group.

Another Jackson attorney chimed in, saying, “It is a sensitive point given that many members of the jury are of a protected class.”

The judge responded, telling jurors that the EEOC statement was a guideline, not a law or policy.

The plaintiffs allege that Murray, hired for Jackson’s tour, needed money so badly he agreed to Jackson’s request for propofol, a substance that caused Jackson’s death.

The defense presented a survey conducted by human resources managers that showed 40 percent of the organizations polled did not conduct credit checks.

The plaintiffs fired back: Did Seawright view any evidence that AEG avoided checking Murray’s credit history because it might be discriminatory?

Seawright’s answer: No.

On Wednesday, an addiction specialist takes the stand.

http://abclocal.go.com/kabc/story?section=news/entertainment&id=9159956

Tuesday, July 2, DAY 42

The second day started with a debate of the race issue again, in connection with the same document. Finally the judge explained to the jury that the paper produced by AEG was not a regulation.

Then AEG made a big fuss over the statement of the HR specialist that in her opininion AEG hired Murray. It turns out that experts are not allowed to say definite things like that and it is only the jury who can decide whether AEG hired Murray or not. This time the judge  lectured Brian Panish and said that the words of the expert should be stricken out, or otherwise it may result in a mistrial. Panish said he had instructed the expert not to express her opinion (so if she said it she just couldn’t resist telling the truth) .

In the remaining testimony of the HR expert the following exchange impressed me most: Jean Seawright said that background checks were necessary not to put the customer at risk, and Bina retorted that Murray was not placed in charge of AEG’s business but was placed in charge of the artist.

So if it had been their business they would have checked, but since it was the artist they didn’t care…

Dr. Sidney Schnoll was the next Plaintiff’s witness. He is a fantastic addiction medicine specialist as well as an expert in pharmacology, neurology and psychiatry, whose credentials alone take the first 15 pages of his typed testimony. Let me only say that he advises all major drug companies in the US on the effects of Opiates and Opioids, is on editorial board of all major learned journals in the field and has written 40 chapters of textbooks.

His surpeme knowledge tells on the way he explains things. It was a great lecture on the difference between drug dependency and drug addiction. If you haven’t guessed yet Michael Jackson was not an addict, but was dependent on drugs due to his two severe underlying conditions – pain and insomnia.

Dr. Schnoll says that in case the underlying condition of patients cannot be treated they have to stay on painkillers or other medication their whole life and there is nothing inappropriate about it. Dr. Schnoll testified on Tuesday and Wednesday:

	Tuesday July 2 DAY 42
114	HR consultant Jean Seawright resumed testimony. Katherine Jackson is present in court wearing long white jacket with green oval spots on it.
115	Outside presence of the jury, attys/judge discussed the Equal Employment Opportunity Commission (EEOC) document shown to jurors yesterday.
116	Panish: They don’t consider credit checks to be a prohibited practice at all. This is a lawyer making misleading statements, hearsay.
117	Panish: She says “it is a law,” it is an official policy. It is not an official policy. It is a guideline at the most.
118	Panish said EEOC guidelines are not controlling law. “This is not a law. If the court is confused, the jury is going to be confused.”
119	It is a guideline that has been revoked in a court case, Panish told the judge.
120	Bina said it was DMV photos that were assessed in that case, not EEOC policy that failed in that case.
121	Panish raised his voice, said AEG never claimed this (credit check may be discrimination,) it has never been raised before.
122	You yourself were misled, your honor, over my objections, Panish said.
123	Bina said she plans to say credit checks are controversial, must be job related. Companies might use care in using credit checks.
124	Panish: Trell never mentioned an EEOC concern. This is not a law or regulation. The document wasn’t raised in deposition with Seawright.
125	Judge told the attorneys to put their heads together and she will read an explanation to the jury.
126	Seawright took the witness stand at 11:04 am PT, jury seated immediately after that.
127	Judge told jurors that yesterday there were references made to an EEOC document. It was not a regulation, but rather a guide.
128	Judge said the document had not been admitted into evidence. Jurors nodded, indicating they understood the explanation.
129	Bina asked if Seawright was familiar with that EEOC guideline. She said yes, it provides guidance.
130	Seawright explained that Title 7 says that an employer cannot discriminate.
131	Bina: Are there studies that show relationship between debt and  manslaughter?
132	Seawright: Not that I am aware of
133	Bina: Are there studies that show relationship between debt and malpractice?
134	Seawright: Not that I am aware of
135	Bina asked if Seawright knows Dr. Murray’s history of treating patients, and he had no record of harming patients.
136	Seawright explained she examined his financial history only, and once he failed that she didn’t see need to go any further.
137	Seawright said that, based on Dr. Murray’s credit history, he was 180 days behind in his mortgage.
138	Bina asked why background checks are necessary. Seawright said it was because you are putting customers at risk.
139	Dr. Murray wasn’t being placed in charge of AEG business, Bina argued, saying he was in charge of the artist.
140	Seawright explained his responsibility was Mr. Jackson’s health during the tour.
141	Bina: Does that fact that MJ had a long term relationship with Dr. Murray weigh in your analysis at all?
142	Seawright: No, there’s no bearing
143	Bina: If a contractor had been with hundreds of tours would that person have to be background checked?
144	Seawright: It depends on the position
145	Seawright said you might have some historical knowledge of how the person performed but need to see if there were problems.
146	If time has passed since you last hired someone, Seawright said you need to go back and check again, it’s a rehiring; whole new period.
147	Bina: Lets say MJ had engaged Dr. Murray for 3 years and was going to continue. At that point, would MJ have to do background check?
148	Seawright: I can’t give an answer without evaluating the circumstances
149	Bina asked if it’s ever appropriate to have different processes for different positions. Seawright said it depends on different risk factors
150	Bina: Is it ever appropriate to have some policies for employees and others for independent contractors?
151	Seawright: The label doesn’t make a difference
152	Bina inquired Seawright extensively about several surveys that she relied upon while writing opinions in other cases.
153	Bina inquired Seawright about expert opinions she issued in other cases.
154	Katherine Jackson also present in court for afternoon’s session.
155	When hiring someone, we have to look at the potential harm to him/herself, to others, to customers, Seawright explained.
156	For every job, you have to evaluate all of the risks associated with it, Seawright said. There are risks in every employment.
157	Seawright considered Dr. Murray’s position to be high-risk and safety-sensitive.
158	She explained Dr. Murray would be working at MJ’s home, in and around his family, with access to confidential information.
159	Seawright said the risk was elevated since Paul Gongaware was aware of MJ’s past use of drugs and alcohol during tours.
160	The expert said she read about Gongaware’s knowledge of MJ’s drug use in his deposition and Dr. Finkelstein also mentioned it.
161	Employers have the right to conduct background check, Seawright said. But she noted their practices cannot be discriminatory.
162	Bina: Would the company be exposing itself to risk if you do background check?
163	Seawright: Not necessarily
164	Indemnification provision in a contract is not checking out a worker, Seawright testified.
165	Bina argued that if the company is taking responsibility for Dr. Murray’s conduct, with indemnification, it offers protection.
166	Seawright said it protects the company, it protects AEG.
167	Bina: Do you see anything in the policy for hiring Independent contractors that AEG didn’t follow with Dr. Murray?
168	Seawright and Bina went through the check list for independent contractors hired by AEG.
169	AEG’s practice for Independent Contractors:
170	*Required licenses or permits – Seawright said yes
171	*Known to the artist – Seawright said yes
172	*Obligation laid out in the contract – Seawright said yes
173	*Indemnification Provision- Seawright said yes
174	*Fully insured – Seawright said yes
175	It was called final, Seawright said about Dr. Murray’s agreement.
176	Panish asked in re-direct about EEOC policy again. He said Bina brought it up improperly in front of the jury. Judge sustained objection.
177	Panish asked Seawright what her understanding is why employers check credit of potential employees.
178	Seawright: They check the credit because they are very concerned that financial stress can compromise people’s ethical judgment and behavior
179	Multiple branches of our government do credit checks on employees to make sure they are not at risk for unethical decisions, Seawright said.
180	The debt is not an issue at all, it’s the delinquent debt they are concerned about, Seawright said.
181	Panish asked if Seawright saw anywhere in this case AEG saying they didn’t conduct credit check on Murray because it could be discrimination
182	I’ve never heard that at all in all the documents I read, Seawright responded.
183	Panish asked if Seawright could rely in a survey conducted with small percentage of businesses to determine if credit check should be done.
184	Seawright responded she would not rely on that survey to determine the necessity of credit checks in the healthcare field.
185	I believe AEG Live hired Dr. Murray, Seawright said. Defendant’s attorney objected to the response and judge sustained it.
186	Judge: That’s because it is your duty, your responsibility to say whether Dr Murray was hired. It’s not up to the experts to determine that
187	Seawright said that Dr. Murray asking for $5 million initially raised questions in her mind why he would be requesting that much.
188	Panish asked if AEG Live were Seawright’s client in 2009 and said they wanted to hire Dr. Murray what she would’ve said.
189	Seawright: I would’ve said absolutely no, because of the risks associated with the position and the potential for conflict of interest
190	If they insisted, I would’ve recommended a comprehensive vetting process, with credit and background check, Seawright said.
191	Bina in re-cross asked if Seawright was aware legislators expressed concern in 09 of unduly use of credit checks. She said she was not aware
192	Panish: Was EEOC checking credit of people?
193	Seawright: My understanding they were
194	RE-RE-DIRECT
195	Financial distress can impact their ability to make ethical decision, that’s the reason that EEOC does it, Seawright said.
196	Panish asked if Seawright would recommend background check for a high-risk, safety-sensitive job?
197	Seawright: I do
198	Panish: In your opinion, AEG acted inappropriately for not doing that?
199	Seawright: Yes
200	Seawright said AEG did not do any check on Dr Murray.
201	Seawright was excused.
202	Plaintiffs call next witness, Dr. Sidney Schnoll. Michael Koskoff, attorney for Jackson’s, doing direct examination.
203	Dr. Schnoll resides in Connecticut, born in New Jersey. He graduated in medical school on 1967. He described his extensive background.
204	Addiction Medicine is the study of the problems of addiction, Dr. Schnoll said. “It is a very broad area.”
205	Dr. Schnoll reviewed medical records, depositions and transcripts in this case. He was also deposed.
206	Dr. Schnoll: Drug dependence is the pharmacological affect of the drug.
207	You take it continuously and suddenly stop it, you go into withdrawal Dr. Schnoll said. “If you continue to take it you develop tolerance”
208	Tolerance is when there’s a need to take more of the drug for it to take effect, Dr. Schnoll explained.
209	Dr. Schnoll: When you take certain drugs and suddenly stop you go into withdrawal syndrome, which is usually the opposite effect of the drug
210	Koskoff: Can people who are taking proper treatment become drug dependent?
211	Dr. Schnoll: Yes
212	If the patient is properly prescribed and monitored, Dr. Schnoll said they can have normal life.
213	Koskoff: Can withdrawal from drugs sometimes be difficult, even for non-drug dependents?
214	Dr. Schnoll: Yes
215	Dr. Schnoll: Addiction is a chronic disease that’s characterized by craving, compulsive use of a drug, continued despite evidence of harm
216	Primary factor is usually genetics, Dr. Schnoll said about addicts.
217	Dr. Schnoll: One person exhibits addicted behavior in relation to the drug, the other is seeking the drug to treat underlying condition
218	Dr. Schnoll said there’s a difference between being addicted and dependent on drugs. Dependents look for drugs, addicts want to get high
219	To determine if a patient is dependent or addicted, Dr. Schnoll said it is necessary to look at that person’s behavior while using the drug.
220	Usually doctor look at 0-10 pain scale, you then adjust the amount of the drug to give them what’s enough to treat their pain.
221	Judge then adjourned session until tomorrow. Jury ordered back at 10 am PT. Dr. Schnoll supposed to last all day, attorneys said.
222	For complete coverage, watch @abc and go to http://www.abc7.com . We hope to see you all tomorrow!

Wednesday July 3, 2013. DAY 43

On this day Dr. Schnoll’s explained Michael’s real situation with drugs and not what tabloid myths say about it.

First of all from the initial dose Michael Jackson received from Klein in 2008 Dr. Schnoll concludes that Michael was not taking any opioids prior to that date because if he had been taking it he would have had a much higher tolerance to it and would have needed a much higher initial dose of Demerol.

Let me repeat.

The fact that the starting dose for Michael’s cosmetic procedures in 2008 was only 100mg of Demerol means that he  had not taken it in the years prior to that.

Here is an excerpt from Dr. Scholl’s testimony:

Q. So jumping ahead now to 2009 and the records that we were talking about with respect to Dr.Klein, based on your review of those and other records, you believe that Mr. Jackson was not dependent on any drugs in early 2009, correct? Like January 2009?

A. When he started to take Demerol again, because of the amount, the 100-milligram dose, I couldn’t see any evidence that he had any tolerance or anything that would indicate that he was dependent on an opioid.

Q. So you don’t think he was dependent in January 2009?

A. Not when he was starting, correct.

These articles explain the matter further:

Michael Jackson was not abusing pain medication in years leading up to comeback tour deal with AEG Live, says doctor

BY NANCY DILLON / NEW YORK DAILY NEWS

WEDNESDAY, JULY 3, 2013, 6:22 PM

Michael Jackson was a patient who developed an opioid dependence because of legitimate pain related to his burned scalp, says his former doctor.

Michael Jackson apparently was clean and not abusing pain medication in the years leading up to his comeback tour deal with concert promoter AEG Live, a Connecticut doctor testified Wednesday.

Dr. Sidney Schnoll based his opinion on medical records stating the King of Pop only needed 100 milligrams of the narcotic pain medication Demerol to knock him out for a dermatology procedure in late 2008.

Schnoll said Jackson would have built up too much tolerance for that dose to work if he frequently abused opioids during the era of his 2005 molestation trial and subsequent travels abroad.

“He would have to take a much higher dose of Demerol to get the (necessary) effect for the surgery,” Schnoll told jurors.

The New Jersey-born doctor was acting as a paid expert witness for Jackson’s mother, Katherine.

Katherine Jackson, 83, is suing AEG Live for wrongful death, claiming the concert promoter negligently hired Dr. Conrad Murray as tour physician and set the stage for her son’s fatal 2009 overdose on the surgery-strength anesthetic propofol.

AEG vehemently denies any wrongdoing, saying Jackson personally hired Murray and begged for secret, bedroom-based infusions of the intravenous drug he called “milk.”

During his testimony, Schnoll said he didn’t believe Michael was an addict who craved and used drugs recreationally. Rather he was a patient who developed an opioid dependence because of legitimate pain related to his burned scalp.

He said plenty of celebrities have suffered opioid dependence, including President John F. Kennedy, who had debilitating back pain.

Schnoll said Jackson even got a Narcan implant in his abdomen in 2003 that steadily released Naltrexone, a drug that blocks the euphoric effects of opioids.

http://www.nydailynews.com/entertainment/gossip/jacko-abusing-pain-meds-comeback-tour-deal-doctor-article-1.1389683#ixzz2Y2fz9mDz

Michael Jackson wrongful death trial: Addiction specialist testifies

Wednesday, July 03, 2013

Miriam Hernandez 

LOS ANGELES (KABC) — An addiction specialist took the stand Wednesday at the Michael Jackson wrongful death trial.

Dr. Sidney Schnoll painted a picture of the king of pop as a typical pain patient — that is, he says, until the entrance of Jackson’s doctor, Conrad Murray.

Schnoll reviewed 16 years of the artist’s available medical records, from the time in 1993 when Jackson announced his struggle with pain medication to the day he died.

The opinion of Schnoll is that the music icon was probably drug dependent. He testified there was not enough evidence to conclude that Jackson was an addict, a person who seeks a drug to get high.

Schnoll is testifying in support of Katherine Jackson’s lawsuit against concert promoter AEG Live. The expert listed Jackson’s medical procedures, including scalp surgeries after pyrotechnics in a Pepsi commercial set his hair on fire.

Later, months before his death, Jackson was getting cosmetic treatments and dozens of shots of Demerol, an opioid pain medication.

Schnoll said Jackson’s available medical records showed that his treatments were legitimate and that Jackson never abused drugs.

That changed, he said, as Jackson prepared for his comeback tour. It was in the same period that Murray signed on to be Jackson’s personal physician. According to evidence in Murray’s criminal case, Murray provided infusions of the anesthetic propofol six nights a week for two months.

The plaintiffs say Jackson’s health was deteriorating. Schnoll says that when Jackson missed rehearsals in mid-June, he was showing symptoms typical of Demerol withdrawal, such as chills and runny nose. He said Murray failed to diagnose it.

Yet on cross-examination, Schnoll said the dates did not coincide with Jackson’s Demerol treatments. He said it was hard to say whether Jackson was dependent on Demerol at this time.

The plaintiffs said Jackson’s earnings could go into the billions of dollars. Schnoll said Jackson could have gone on to live a long and healthy life. Under defense questioning, he qualified his opinion, saying it depended on Jackson getting help for his dependency.

Katherine Jackson’s attorneys allege that AEG hired Murray and had a responsibility to monitor him. AEG says Jackson selected Murray and that AEG executives were not privy to Jackson’s medical care.

Meantime, outside the presence of the jury, the judge warned attorneys to heed her admonishment or they were headed for a mistrial.

The issue was raised because of a statement on Tuesday by a witness for the Jacksons. A human resources expert testified that in her opinion, AEG hired Murray. The judge says that is a determination for the jury and that the expert should not have been asked her opinion.

http://abclocal.go.com/kabc/story?section=news/entertainment&id=9161332

Dr. Schnoll said that pain medications can be prescribed for life in case of an underlying health condition and amazed everyone including the judge by saying that even John F.Kennedy was opioid dependent due to his  severe back pain and this absolutely did not prevent him from fulfilling his duties as President of the US. In fact a person is prone to fulfil his duties better if he does not have to suffer from chronic paid.

Dr. Schnoll said:

Q. Now, are there people who can’t go off drugs because the underlying problem is persistent?

A. Yes.

Q. And what happens with those? For example, what if a person has chronic osteoarthritis, painful osteoarthritis?

A. They may remain on an opioid for the rest of their lives.

Q. What about chronic back pain?

A. They may have to do that, too, if it’s not treatable with other methods.

Q. Is there anything considered inappropriate, medically, about keeping a person on an opioid under medical supervision for life?

A. No.

Q. Is there any health ramifications of it? In other words, is there anything that hurts their body to be on an opioid under medical supervision for life?

A. No.

Q. Can people function when they are on opioid medications?

A. Yes.

Q. And they function as well as they could without taking opioid medications? Under some circumstances?

Ms. Cahan: Objection. Vague.

Judge: What was the question?

Mr. Koskoff: It says, under some circumstances, can people function as well on opioid medications as when they’re not on opioid medications?

Judge: Overruled.

Mr. Schnoll: If a person, say, as an underlying painful condition, and they take the opioid to treat that painful condition, in fact they might perform better under the opioid because it will have reduced the pain which could be causing problems for them.

Q. And does being on the opioid under proper competent and fit medical supervision, does that impair a person’s ability to function as a full-functioning human being?

A. No.

Q. Is there any famous people who have been opioid dependent over many years?

A. Yes.

Q. Give me an example.

A. John F. Kennedy.

Q. President Kennedy did?

A. Yes.

Q. And was he opioid dependent while he was President of the United States?A. Yes.

Judge: Can I ask why? What was his underlying condition?

Mr. Schnoll: He had very severe back pain.

Judge: Back pain? Okay.

Mr. Schnoll: Yeah.

Q. And was he under competent and fit medical supervision for that back pain?

A. Yes.

Well, if the President of the US could be legitimately dependent on opioids (after an accident I hear), there can be absolutely no question that Michael Jackson had the perfect right to be too  – due to the non-stop surgery on his scalp and his back injury after the bridge fall. Let us also add to it that MJ’s opioid dependency was limited in time, he wanted to get rid of it and he did.

Dr. Schnoll noted that since Michael went into treatment it means that he wanted to be free from drug dependence. In both cases the drug dependency started with a severe underlying condition – surgery on the scalp and then a back injury – and in both cases Michael wanted to be free from the resulting drug dependency:

Q. Now, you mentioned the time that Michael Jackson said that he had a drug problem and that he was going to go into treatment to get better; is that right?

A. Yes.

Q. Do you have an opinion, first of all, as to whether he was a person who wanted to be a drug addict or not? Drug-dependent person or not?

A. Since he was going into treatment, I can only assume he did not want to be a drug-dependent person.

Q. And, in fact, when you talked about his motivation to go into dependence, he came out publicly and told the public in 1993 that he wanted to get better, didn’t he?

A. Yes, that’s correct.

Q. Does that mean anything in terms of a person’s ability to beat a drug habit?

A. That’s very — It’s — It’s really remarkable when somebody makes that kind of statement because it puts a lot of pressure on them.

Q. And did he — And he went and he did it and then there was — There was no evidence of drug use after that until he needed more medical treatment, isn’t that right?

A. Correct.

Q. And then, by the way, he had that fall — I think it was 1999 or 2000, that bad fall, and after that is when he began with Demerol use again, is that correct?

A. Yes, yes.

Q. And it was after that that he had the naltrexone implant and — And didn’t show any Demerol use for a long period of time, isn’t that correct?

A. Yes.

Out of 16 years Michael was free from Opioids for 13,5 years – this is the conclusion Dr. Schnoll came to after reviewing the medical records available to him. The same records were by the way reviewed by Dr. Earley testifying for AEG.

A sample of a tissue expander put unter the scalp of a  burn victim. These patients are given opiate painkillers to relieve the pain. Otherwise the pain never stops and goes on  for months. A similar expander was placed under Michael Jackson’s scalp

Michael’s opioid dependency started with a burn and further surgery which brought about even more damage to his scalp. The damage was so awful that it is difficult even to read about it. It turns out that Michael had a contraction of skin in the burnt spot and to cut it out they inserted a balloon under his scalp. This we knew of and could imagine the pain of it.

But now we find out that there was another grave complication – they hit the nerve and a scar called neuroma formed on the nerve which gave Michael incessant pain which never stopped. Having a neuroma on a scalp is like having an open nerve which is excitable even at the touch of the wind.

Now I understand why he had to sleep in his hat (as Frank Dileo said). The back of the hat does not allow the head to touch the pillow and allows the painful spot to hang in the air.

1993 Israel, Dangerous tour. Now we know why he preferred to wear a hat – he was hiding his scars here and was trying to avoid the pain

And all this horror was taking place on the eve of the Dangerous tour, during and after it. And with all those post-operative scars on his head and the incessant pain Michael had to perform concerts!

Q. …going back into the ’80s — are you familiar with a significant injury that he suffered?

A. Well, he had the scalp injury, the burn. I think it was in a Pepsi commercial that he was filming.

Q. And following that, over the next several years, was there treatment and surgery for that burn?

A. Yes.

Q. And did he have narcotic drugs, opiate drugs in connection with those treatments?

A. Yes.

Q. Prior to the Dangerous tour, in the very beginning of it, did he have scalp surgery?

A. Yes.

Q. And what kind of surgery — tell the jury a little bit about what that surgery was for.

A. Well, that surgery was to repair the damage to his scalp. There was some contractions, and so they inserted a balloon under the scalp to stretch the scalp back to a normal configuration and remove the scar tissue.

Q. And did you — based on your review of the records, your knowledge of this condition, is this a painful condition?

A. Yes. And in addition, I think — I might not pronounce it properly — Dr. Sasaki reported he had neuroma formation at the time.

Q. Tell the jury what a neuroma is.

A. A neuroma is like a scar that forms on a nerve. When a nerve is damaged — just if your skin is cut,and you form a scar on your skin, if you have damage to a nerve, you can have a scar form, and that’s a neuroma. And that is excitable tissue, just like the nerves. And so it can be firing, just as the nerve does, but it fires in an abnormal way. And so that can be very painful and disconcerting to the person who has that neuroma. And it’s often sort of like a burning kind of pain. I guess the best example would be, I think most people have fallen asleep on their arm in a funny position, and you wake up and have that tingling and everything. Well, that’s what it can be like, but it’s persistent. It doesn’t go away.

The pain from neuroma is described as “a severe sudden jolt of electricity”. And it NEVER STOPS. (Source of animation: http://www.footdoc.ca/www.FootDoc.ca/Website%20Neuromas.htm)

And also it can be a sharp shooting kind of pain at the same time. So it’s very uncomfortable and one of the most difficult kinds of pain to treat.

Q. And there are Opioids — appropriate drugs to use to treat a neuroma, this type of pain?

A. They can be used for that, yes.

Q. And in Michael Jackson’s case, were they?

A. Yes.

Q. And, then, this is just prior to beginning the Dangerous tour; is that right?

A. Yes.

Q. And then they went on the Dangerous tour. And did you review the testimony of Dr. Finkelstein?

A. Yes.

Q. And doctor — and based on that testimony, did you have an opinion as to whether Michael Jacksonwas receiving opioid drugs during that period of time?

A. Yes.

Q. During the Dangerous tour?

A. Yes.

Q. And is it following that time that he went into — he publicly announced that he felt he had a problem with these drugs and wanted to become free of them?

A. Yes.

Dr. Schnoll also explained different types of drug-seeking behavior. It turns out that all of us are involved in this behavior, for example, when we go to a drug-store to buy a medicine for the flu or turn to a doctor for a medicine for our headache:

Q. And what is drug-seeking behavior? Suppose I have a headache, and I go to the doctor, and I say,”give me a drug.” is that drug-seeking behavior?

A. That could be drug-seeking behavior.

Q. Is that the kind of drug-seeking behavior that is an addict’s drug-seeking behavior?

A. No

Q. Okay. What is the difference?

A. If you’re seeking a drug to treat a legitimate medical problem, that’s drug-seeking behavior, but it’s not inappropriate and not part of addiction. However, if you’re seeking drugs outside of a medical need, that drug-seeking behavior is inappropriate and can be part of addiction.

Q. And in Michael Jackson’s case, was there evidence that Michael Jackson had Demerol for treatment of his back pain?

A. Yes.

Q. Is there evidence that he had — that he got Demerol for treatment of his scalp pain?

A. Yes.

Q. Is there evidence that he got treatment for his — for his dermatologic condition where he was being treated by a dermatologist to get ready for these tours?

A. Yes.

Q. And are all of those — the use of Demerol, can Demerol be an appropriate agent to use under those circumstances at that period of time?

A. Yes.

Q. Was there any evidence that you saw that he was engaged in that kind of drug-seeking behavior that you described?

A. Which type are you referring to?

Q. The addiction type of drug-seeking behavior.

A. No.

Dr. Schnoll explained that though the symptoms Michael displayed on June 19th 2009 looked like a withdrawal from Demerol, they were not from Demerol, because those symptoms did not coincide with the chart of Demerol injections from Dr. Klein’s records he reviewed:

Ms. Cahan: So there’s been some testimony that Mr. Jackson, on June 19th, 2009, was exhibiting some flu-like symptoms, was cold at a rehearsal, and was sent home. Are you — Have you seen any of that testimony?

A. Yes.

Q. Based on your review of Dr. Klein’s records, do you think that Mr. Jackson was in opiate withdrawal on June 19th?

Mr. Schnoll: ….I was very concerned about that. This was an issue that really concerned me because I — I wanted to look was he really dependent, wasn’t he. And that’s why I asked them to make this chart, to give me a picture of how much Demerol he was getting during the month of June, and how frequently he was getting it. And so if, in fact, at the very end, there was this withdrawal, we would have seen evidence of it because the appearance of withdrawal from Demerol usually shows up within 24 to 36 hours after the last dose. So the fact that there are these long periods of time, six, seven days, with no Demerol, without any description — In fact, one of the things I looked at, because I was concerned there were these descriptions, days when he was having the chills, where he had the blanket on, and such, and I was saying, hmm, that may be opioid withdrawal.

But it didn’t coincide with when I would have expected that withdrawal to occur, and we would have been able to see this, and I wasn’t seeing it. And so it was very hard for me to say that he was dependent at that time. That was — That was the issue.

Q. Counsel asked you about the symptoms that Michael Jackson was having in June of 2009 that you were worrying — You were wondering whether or not they were withdrawal or not?

A. Yes.

Q. And have you since seen — Have you since come to a conclusion as to what those actually were symptoms of?

A. Yes.

Q. What were they symptoms of?

A. Well, they were not symptoms that I could see from Demerol, but probably from his continued use of Propofol every night.

Q. So you don’t think the symptoms that people have testified Mr. Jackson was exhibiting on June19th are consistent with opiate withdrawal?

A. That’s correct.

Dr. Schnoll says that if a little  help had been rendered to Michael he could have lived a long and happy life. And this even in case they still kept him on pain-killer medications if he needed them due to his underlying conditions:

Q. So we talked a bit about your opinion that whether or not Mr. Jackson was dependent or addicted, you think he could have been gotten off drugs and then he would have been able to live a long, healthy life?

A. Yes. Well, wait a minute. Let me — I said if he was treated appropriately for his problem, not that he could have gotten totally off drugs. So I don’t want a misconception there, because he might have needed medication for some of his underlying medical problems. So I just want to —

Q. OK So it’s not clear to you whether Mr. Jackson, with appropriate medical treatment — Because there’s just not enough information about the underlying issues — Could have discontinued use of all medications and been OK?

A. That’s correct.

Q. So you said that somebody can be on — Properly controlled and supervised can be on Opioids or Opiates for their entire life and it wouldn’t affect their life expectancy if they’re taking them as expected?

A. Correct.

Q. What about Benzodiazepines? Is the same true?

A. The same.

Q. What about Propofol ?

A. There are no data on that.

Dr. Schnoll said a lot more, but since there is no space for it here please read the full transcript of his testimony as usual provided by the great TeamMichaelJackson: 

View this document on Scribd

Here is the short of Dr. Schnoll’s testimony from ABC7 Court News::

	Wednesday July 3, DAY 43
223	Addiction specialist Dr. Sidney Schnoll resumed testimony. Jackson’s attorney Michael Koskoff did direct examination.
224	Katherine Jackson was present in court wearing a long periwinkle jacket and pearl earrings.
225	Koskoff asked if you take someone off Demorol suddenly what happens. Dr. Schnoll: “like falling off a cliff, you don’t want that to happen.”
226	Methodone is an opioid drug used for pain and treatment of opioid addiction. Dr. Schnoll explained how the drug works.
227	Dr. Schnoll said the most important factor in determining if the person should go off the drug is to find out what the underlying problem is
228	Koskoff: What if a person has chronic osteoarthritis?
229	Dr. Schnoll: May have remain on medication all his life
230	If a person has underlying condition and take opioid they could function better, Dr Schnoll explained. There’s no harm in doing it medically
231	Koskoff: Any famous people who have been opioid dependent?
232	Dr. Schnoll: President John F. Kennedy (Judge asks why?) Back pain.
233	Dr. Schnoll said addiction can also be treated by competent and fit physicians.
234	Koskoff: If a person is being treated, as part of good medical practice, can someone become drug dependent?
235	Dr. Schnoll: if they’re on long term opioid treatment, they’ll become dependent. Opioids are the most commonly prescribed drugs in the US.
236	Some patients become addicted, Dr. Schnoll said. But it’s not a large percentage.
237	Dr. Schnoll: The figures indicate 10 to 12% become addicted, the same percentage of people who become addicted to alcohol.
238	Dr. Schnoll explained pain threshold is the level at which someone feels discomfort. They are quite variable, he said.
239	“Opioids are most popular because they work,” Dr. Schnoll said. “Pain is the most common complaint that comes to a doctor’s office.”
240	Koskoff: Any evidence from any witness that MJ used Demerol outside the medical setting?
241	Dr. Schnoll: No
242	Koskoff: Was there a period of time when MJ used Demerol for scalp treatments?
243	Dr. Schnoll: Yes
244	Dr. Schnoll said he reviewed medical records that Dr. Farshian implanted a patch into MJ’s abdomen.
245	The patch was done for treatment of Demerol dependency in early 2000s. The drug would block the effect of the opioid, Dr. Schnoll said.
246	Koskoff said based on the medical records in the last 16 years of MJ’s life, he was Demerol free for 13 1/2 years.
247	Koskoff asked if that was consistent with a drug addict. Dr. Schnoll answered no.
248	Koskoff asked if Dr. Schnoll read testimony from Dr. Earley saying MJ was a drug addict and that he was going to die early.
249	Koskoff: Do you agree with that opinion?
250	Dr. Schnoll: No
251	Dr. Schnoll said he saw no evidence that MJ ever used recreational drug or self-injected in the absence of a doctor.
252	The expert said he saw evidence MJ was afraid of needles; didn’t take medications in excess of what was prescribed by doctors.
253	Dr. Schnoll talked about the surgery MJ to repair damage to his scalp.
254	Koskoff: On Dangerous tour, was MJ getting opioid drugs according to Dr. Finkelstein?
255	Dr. Schnoll: Yes
256	Dr. Schnoll: I don’t know if MJ was an addict. I haven’t seen the information that would allow me to make a diagnosis of addiction
257	Koskoff: Was there a time MJ did take benzodiazepines?
258	Dr. Schnoll: Yes
259	Dr. Schnoll said MJ was prescribed Midazolam and Versed which is commonly for short term surgical procedures, dental procedures.
260	K: Did MJ have a sleep problem?
261	Dr: Yes
262	K: Is that appropriate?
263	Dr: Yes
264	Koskoff: Did he use it for sleep?
265	Dr. Schnoll: Yes
266	Dr. Schnoll treated patients addicted to Propofol. They were health technicians and none had it administered by another person.
267	Typically, they steal it from operating room or critical care unit or inject it in a home, or a bathroom, Dr. Schnoll explained.
268	Dr. Schnoll said after the Propofol infusion stops, the effect wears off quickly.
269	Propofol is the most popular anesthetic in the world, Dr. Schnoll said. Propofol is the generic term.
270	Koskoff showed a timeline and asked if there was any record MJ received Propofol during the Dangerous tour in 1994.
271	Dr. Schnoll testified Debbie Rowe said yes, but she wasn’t sure if it was Propofol or Fentanyl. He didn’t think Rowe was a licensed nurse.
272	Koskoff: What kind of specialist was on that tour for Michael?
273	Dr. Schnoll: He was anesthesiologist
274	Between 1994 and 1996, Dr. Schnoll saw no evidence of any use of Propofol by MJ under any circumstance.
275	The drug was used for dental procedures and cosmetic treatment, Dr. Schnoll said, adding it was appropriate for that.
276	Dr. Murray used Propofol for sleep, which Dr. Schnoll said was inappropriate. “Plus, he was not an anesthetic or an anesthesiologist.”
277	Koskoff asked if there was any evidence MJ was addicted or dependent of Propofol up until Dr. Murray. Dr. Schnoll said no.
278	Dr. Schnoll said Propofol is not appropriate to treat insomnia, even if MJ suggested it.
279	Dr. Schnoll talked about Dr. Klein giving MJ 100mg doses of Demerol in 2008. He said from mid-year to December it was the same amount.
280	Dose went up in January 2009. Dr Schnoll said if a person was previously dependent on Demerol, stops and then resumes, tolerance is built up
281	Koskoff: Is there a record MJ was getting Demerol from any other doctor?
282	Dr. Schnoll: No
283	The very last Demerol injection MJ received from Dr. Klein was on June 22, 100 mg dose, according to the records, Dr. Schnoll testified.
284	Dr. School said there was no trace of the drug in MJ’s body at the time of his death.
285	He also said this drug would not have had effect on MJ on June 25.
286	Koskoff: What does Demerol do to sleep?
287	Dr. Schnoll: When you are taking it, it could make you sleepy
288	If you are dependent, you could have some insomnia if you go off of it, Dr. Schnoll testified.
289	Sometimes prescription is given under other people’s names, Dr. Schnoll said, since celebrities often don’t want people prying their records
290	Dr. Schnoll said once Frank Sinatra went to the hospital he worked after collapsing on the stage.
291	The hospital computer overloaded with people trying to get information on what happened with Sinatra, Dr. Schnoll said.
292	Koskoff: Was Dr. Murray competent to handle MJ’s pain?
293	Dr. Schnoll: He was not competent
294	Koskoff: Was Dr. Murray competent to handle MJ’s drug dependency issues?
295	Dr. Schnoll: He was not competent
296	Koskoff: Was Dr. Murray competent to handle MJ’s sleep problems?
297	Dr. Schnoll: He was not competent
298	Koskoff: Assuming AEG hired Dr. Murray, was he fit and competent to treat Michael’s pain problems?
299	Dr. Schnoll: No, he was not
300	Koskoff: Assuming AEG hired Dr. Murray, was he fit and competent to treat Michael’s sleep problems?
301	Dr. Schnoll: No, he was not
302	Dr. Schnoll: Dr. Murray was an interventionist cardiologist and that is a highly specialized field. He had no background in treating pain.
303	They pass catheters and look at hearts, which is totally unrelated to pain, Dr. Schnoll said about cardiologists.
304	Koskoff asked if MJ were under the care of a competent doctor, would he have been able to get off the drugs, Demerol and benzodiazepines.
305	Dr. Schnoll: If his underlying medical condition, pain, insomnia, had been appropriately treated, he may have been able to get off the drugs
306	He would’ve been able to continue to perform if he was appropriately treated for the underlying medical conditions, Dr. Schnoll said.
307	Dr. Schnoll testified MJ had two major problems: pain and insomnia.
308	Dr. Schnoll: Should MJ have someone knowledgeable for treatment of pain, he could’ve been treated appropriately
309	Dr. Schnoll said if MJ were treated appropriately for pain and sleeping problems, it would not have an effect in shortening his life.
310	Koskoff: Assuming MJ was dependent, do you think proper treatment would be able to eliminate his dependency?
311	Dr. Schnoll: Yes
312	Koskoff: Let’s assume MJ really was addicted to Demerol in 2009, do you have an opinion as to his prognosis for successful treatment?
313	Dr. Schnoll: He could’ve been treated, he could’ve been treated if he had the proper people
314	Having a supportive family and environment is critical in overcoming addiction, Dr. Schnoll explained.
315	The autopsy said he was in really, very good condition, Dr. Schnoll told the jury about MJ.
316	Dr. Schnoll: Some of the best outcomes in treatment are with people who have a lot to lose if they continue their addiction.
317	Koskoff: Based on Mr. Jackson’s family, do you know if any members of his family were addicted?
318	Dr. Schnoll: I have no indication of that
319	Dr. Schnoll agreed MJ had the means to get proper drug dependency treatment.
320	Koskoff: Assuming he was not addicted, but had periods of drug dependency, would that have an impact on his life expectancy?
321	Dr. Schnoll: If appropriately treated, it would have no affect
322	Drug addicts can die early due to overdose; infections are very common, like HIV, Dr. Schnoll said.
323	If MJ got proper treatment, he would have like normal life expectancy, Dr. Schnoll said.
324	Keith Richards and The Rolling Stones have been performing for 50 years. Richards writes in his autobiography about his drug addiction.
325	Dr. Schnoll said he’s reading Richards’ book, but hasn’t finished yet. Defendant’s objected to the doctor talking about it based on hearsay.
326	Koskoff finished direct examination. AEG attorney Kathryn Cahan did cross examination of Dr. Schnoll.
327	Dr. Schnoll created the term “Rock Doc”, referring to doctors who work on rock n roll concerts.
328	Cahan: Do you think it’s ethical for doctors to go on tour?
329	Dr. Schnoll: It depends on what they do when they go on tour with them
330	I know some people who worked at concerts, Dr. Schnoll said. He has been one.
331	Dr. Schnoll said at times he was asked to treat performers, was hired to provide medical treatment at the facility to fans or artists.
332	Dr. Schnoll said his primary duty was to treat concert goers. He was paid by the promoters.
333	Cahan: Did you think that created a conflict of interest?
334	Dr. Schnoll: As long as I acted ethically, I did not
335	Dr. Schnoll said he acted ethically at that job. He worked at rock concerts in the ’70s.
336	Cahan asked if Dr Schnoll brought medical students to help him out. He said yes. She asked if he did background or credit checks on them
337	I knew most of them and I knew them well, Dr. Schnoll said.
338	Cahan: You were never hired as a doctor to accompany a band on tour?
339	Dr. Schnoll: That’s correct
340	Dr. Schnoll works for Pinney Associates, he’s a salaried employee and receives bonus at the end of the year, should there be one.
341	Cahan said Pinney Associates is charging $790/hour for Dr. Schnoll’s time.
342	Dr. Schnoll said he has no idea how many hours he has worked in this case. He was retained back in January.
343	There were weeks he put in 7-8 hours, some didn’t do anything. He said it would be hard to estimate, spoke with plaintiff atty 10-15 times
344	Dr. Schnoll said doctor shopping is going from doctor to doctor to receive medication.
345	Pseudoaddiction is when a patient is undertreated for pain, Dr. Schnoll said.
346	(nurse juror nodding in agreement)
347	A professional doctor knows the difference between addiction and pseudoaddiction.
348	Dr. Schnoll: If they have a severe pain problem that can only be treated by opioids, it is appropriate to give it.
349	Just the fact that Dr. Klein injected MJ with Demerol doesn’t raise concern of a relapse of Demerol dependency, Dr. Schnoll.
350	Cahan asked if it’s common practice to use Demerol for Botox injections and facial fillers treatment.
351	Dr. Schnoll responded he didn’t know, since he doesn’t do these procedures.
352	Cahan: How common is for pain specialists to have Demerol handy?
353	Dr Schnoll said Demerol is not commonly used anymore because it has other effects than just opioids, considered a dirty drug the doctor said
354	Dr. Schnoll said use of Demerol for pain went into question in the ’90s.
355	Dr. Schnoll: Probably not at all at this point, pain specialist would not keep Demerol handy
356	Dr. Schnoll said he last prescribed Demerol in the late 1970s. He stopped treating patients in 2001.
357	There was no evidence of addiction at that time, Dr. Schnoll said about MJ in 2009.
358	Dr. Schnoll did not offer opinion whether the amount or type of drug MJ was taking for cosmetic and dental work was appropriate.
359	Cahan: When you are evaluating a patient you rely on the patient being honest with you, correct?
360	Dr. Schnoll: Yes
361	Cahan: Did some patients not want to get treatment?
362	Dr. Schnoll: Well, of they came to me to treat addiction, they usually would come because they wanted to treat their addiction
363	Cahan: There has got to be some amount of trust between doctor and patient?
364	Dr. Schnoll: Right
365	Dr. Schnoll said people get confused as to whether the patient is addicted or dependent of drugs.
366	The expert said people would recognize there was something wrong with MJ, but may not be able to recognize it as withdrawal from opioids.
367	Some of opioids withdrawal include chills, running nose, tearing of the eyes, dilated pupil, goose bumps.
368	Dr. Schnoll said most doctors would be able to put all the symptoms together and conclude it is opioid withdrawal.
369	The doctor agreed that some lay people could identify the symptoms as flu.
370	Dr. Schnoll said he has treated tens of thousands of patients and only 5-6 were addicted to Propofol. These people were in the medical field
371	Dr. Schnoll said some of the patients might have been addicted to Propofol, but others were just abusing it.
372	Outside the presence of the jury, judge discussed with the attorneys about Jean Seawright’s testifying yesterday that AEG hired Dr. Murray.
373	Judge said that violated the motion in limine regarding this issue. Experts are NOT to give their opinion on whether AEG hired Dr. Murray.
374	Judge: This is your crucial, central issue in the case Mr. Panish. I’m surprised you had no discussion with her about it
375	Panish: I told her not to do it
376	Judge: I’m not upset, I think it’s entirely appropriate
377	Panish: I know you’re upset, I can tell that
378	Judge: there’s a ruling prohibiting any testimony, by any expert, on the issue!
379	An upset judge said: This is my concern, we are 9 weeks in this trial and it’s getting into mistrial territory. I don’t want to go there!
380	Judge: I don’t want this kind of problem that can lead to mistrial. I’m asking you to speak with all your experts
381	Judge: Every expert is only to make assumptions about hiring. I specifically did that (ruling) for a reason. Advise them about my order!
382	Panish: I don’t want a mistrial either
383	Judge: I don’t want a mistrial, it’s a waste of resources
384	Judge: There are bright lines Mr. Panish and you don’t even go near it because you may cross it accidentally
385	Panish: She said it, I wish she hadn’t, I don’t want a mistrial
386	Putnam said he agreed with the judge and agrees the instruction should be given as written.
387	Judge: I don’t know why you are pointing your fingers that way, Mr. Panish (to AEG’s side). I really don’t.
388	Judge admonished Panish to tell all experts to abide by her motions in limine.
389	Jurors brought in at 3:27 pm PT. Judge read them the following instruction: Yesterday, plaintiiff’s expert Jean Seawright said
390	Instruction cont’d: she believed they, AEG, hired Dr Murray. That violated a court order, the statement is stricken, shouldn’t be considered
391	Cahan resumed questioning Dr. Schnoll. Katherine left for the day.
392	Cahan asked if MJ was seeing other doctors at the same time he saw Dr. Murray, like Dr. Klein. Dr. Schnoll said yes.
393	Cahan: Are you aware of Dr. Klein being investigated…
394	Panish stopped and objected as improper. He asked for a sidebar.
395	Cahan: Did Dr. Klein write prescriptions to Mr. Jackson under other names?
396	Dr. Schnoll: Yes
397	Cahan: Could MJ have opiates in pill forms in 2009 from doctors while having Demerol injections from Dr. Klein?
398	Dr. Schnoll: I don’t like to work under possibilities, since everything under the sun is possible. I like working with probablilities
399	Dr. Schnoll said you try to look at the whole picture of what was going on and not look at the possibilities, but probablilities.
400	Cahan: Is it legal to write prescription to someone under another name?
401	Dr. Schnoll: Yes, it’s illegal
402	C: Have you ever done it?
403	Dr: No
404	Cahan asked if Dr. Schnoll testified in his deposition that MJ was dependent on Demerol? He answered yes, the time around the Dangerous tour
405	However, Dr. Schnoll says today he’s not sure MJ was dependent on Demerol in 2009.
406	He said he continued to investigate the case, looked at more records, and is now uncertain.
407	He’s also not absolutely sure, but says MJ was probably dependent on Demerol in 1993.
408	Dr. Schnoll said he could not opine whether the treatment after the burn on MJ’s scalp was appropriate.
409	Dr. Schnoll said he doesn’t think MJ was dependent on Demerol in January of 2009.
410	In April 2009, MJ received 375 mg of Demerol, the highest amount given by Dr. Klein.
411	Cahan asked what would happen if doctor gave her 375 mg of Demerol. “For you? You’d probably sleep for a while, about several hours” he said
412	Dr. Schnoll said he would probably give her initial dose of 50 mg.
413	The expert said that if the withdrawal symptoms were present, someone might have asked why MJ had the flu.
414	Dr. Schnoll said he asked for a chart to be made to be able to see how much Demerol MJ was getting and how frequent.
415	Was he really dependent? Dr. Schnoll asked himself. He said the appearance of withdrawal from Demerol usually shows within 24-36 hours.
416	It didn’t coincide with when I expected that withdrawal to occur, Dr. Schnoll said about MJ.
417	Dr. Schnoll: It was very hard for me to say he was dependent that time.
418	He doesn’t think the symptoms MJ was having on June 19, 2009 were related to Demerol withdrawal.
419	Cahan asked about patients who think they have their addiction under control and don’t want to quit the drug.
420	That’s why your job is to motivate them and help them see the problems with the dependency, Dr. Schnoll responded.
421	Dr. Schnoll said he didn’t have 100% success rate in his practice and that no one does.
422	Dr. Schnoll: MJ could’ve been off the drugs or taking the drugs in appropriate dosages if properly treated
423	Cahan asked about MJ’s family failed interventions. He said he doesn’t know if they were appropriately done; practice not used as much.
424	Cahan asked if Dr. Schnoll reviewed testimony that MJ had boxes of Propofol at Neverland and asked a doctor to inject him. He said yes.
425	Dr. Schnoll said he saw a concern one time of MJ going to Santa Ynez Cottage Hospital for excessive use of Demerol.
426	Dr. Schnoll said he looked at the totality of the picture, like a puzzle, trying to put everything together to understand what was going on.
427	They were not symptoms of Demerol withdrawal, but probably of Propofol, Dr. Schnoll testified about MJ’s symptoms in June 2009.
428	Koskoff asked in re-direct if Propofol was given for the drug or underlying condition. Dr. Schnoll said MJ asked Propofol to help him sleep.
429	Cahan in re-cross: What did nurse Cherilyn Lee say to MJ when he was looking for a doctor to give him Propofol?
430	Dr. Schnoll said Lee responded that MJ was taking chances.
431	Koskoff noted that MJ replied it would be safe if done under the supervision of a doctor.
432	Koskoff: And Dr. Murray gave it to him?
433	Dr. Schnoll: Yes
434	Dr. Schnoll was then excused and session adjourned. No court tomorrow or Friday.
435	Jury ordered to return on Monday at 10 am PT. Plaintiffs will play Dr Finkelstein’s deposition. Kenny Ortega set to testify in the afternoon
436	Panish told the judge he’s now estimating to finish his case in chief another week or so after the July 8th week, his last estimate.
437	That concluded Day 43 of testimony, Week 10. We hope to see you all back on Monday. Happy 4th of July everybody!
438	For all the latest, watch @ABC7 and to to http://www.abc7.com

Alan Duke of CNN summed up the week as follows:

Prince, Blanket Jackson celebrate dad’s life amid death trial

By Alan Duke, CNN

July 1, 2013 — Updated 2121 GMT (0521 HKT)

Los Angeles (CNN) — A business management expert testified Monday as lawyers try to prove Michael Jackson’s last concert promoter is liable in the singer’s death.

Human resources consultant Jean Seawright’s analysis of AEG Live’s hiring practices may lack the drama of last week’s testimony by Jackson’s oldest son, but it could be crucial for proving that the company negligently hired, retained or supervised Dr. Conrad Murray.

The trial of the lawsuit filed by Jackson’s mother and three children began its tenth week with their lawyers nearing the end of their case. AEG Live lawyers are expected to start presenting their defense around July 15.

AEG Live contends that Michael Jackson, not its executives, chose and controlled Murray, who is serving a prison sentence for an involuntary manslaughter conviction.

If the jury decides that AEG Live executives have responsibility for Jackson’s death from an overdose of the surgical anesthetic propofol, they will then have to decide how much he might have earned in the years he didn’t get to live.

Prince and Blanket dancing

Jurors would have learned a lot about Michael Jackson’s work and worth if they had traveled with the Jackson family to Las Vegas over the weekend for the premiere of Cirque du Soleil’s “Michael Jackson One” show.

Prince, 16, and Blanket, 11, sang and danced while watching the Cirque celebration of their father’s music and life in a Mandalay Bay Casino theater. Paris, 15, was unable to attend because she is still hospitalized since last month’s suicide attempt.

The children never saw their father perform live, one of his motivations for attempting his comeback concerts, but thanks to technology Jackson appeared to be back on stage for a ghostly performance of “Man in the Mirror.”

Prince’s appearance at the opening of the permanent show, which is different from Cirque’s traveling “Immortal” show, came three days after he appeared in court to tell jurors about his father’s life and last days.

His father often cried after talking to AEG Live executives as he prepared for his comeback concerts, his oldest son testified Wednesday.

“After he got off the phone, he would cry,” Prince Jackson testified. “He would say ‘They’re going to kill me, they’re going to kill me.‘”

His father told him he was talking about AEG Live CEO Randy Phillips and his ex-manager, Dr. Tohme Tohme, Prince said.

Negligent hiring?

Seawright, who has worked as a human resources consultant for businesses for nearly 25 years was paid $300 an hour by Jackson lawyers to review documents and testimony on the wrongful death case. After about 100 hours, she said she reached an opinion about if AEG Live’s hiring of Dr. Murray was negligent.

“They did indeed fail to follow adequate hiring practices,” she testified Monday.

Serving as a personal doctor for Michael Jackson was “a very high risk position” that warranted a background check to determine if Murray was fit for the job, competent to do the work and did not have a conflict of interest, Seawright testified.

Jackson lawyers contend that Murray’s deep debt, which included $1 million in foreclosures and judgments, made him conflicted since he could lose his $150,000 a month job if Jackson didn’t make to rehearsals and perform his concerts.

A simple credit check — taking five minutes and costing less than $10 — would have revealed the conflict of interest, she said.

Credit checks are routine for many companies hiring for high-risk positions, she said.

A key piece of evidence used by the Jackson lawyers is an e-mail sent by AEG Live CE Randy Phillips to “This Is It” show director Kenny Ortega on June 20, 2009 — five days before Michael Jackson died from an overdose of propofol administered by Murray.

“This doctor is extremely successful (we check everyone out) and does not need this gig so he is totally unbiased and ethical,” Philips wrote in an effort to assure Ortega Jackson was in good hands with Dr. Murray.

Seawright testified that she found no evidence the company did anything to check out Dr Murray for fitness, competence or any conflict of interest that might lead him to provide unsafe treatments.

AEG Live argues that it never hired Murray, but simply negotiated with him on Jackson’s behalf.

Seawrght said companies have the same obligation in hiring, whether for a regular employee or and independent contractor.

Jury tampering

Jurors can expect to be watched more closely by court bailiffs after an incident near the end of Friday’s session. Two alternate jurors told the judge that a woman approached them during a court break.

“She mention ‘Please don’t give anyone any money,'” alternate juror No. 1 said.

Alternate juror No. 5 quoted the woman, saying “I just wanted to say not to award them any money.”

While the woman apparently was opposed to the Jackson’s lawsuit seeking billions of dollars in damages, AEG Live lawyer Marvin Putnam used the incident to suggest that the judge should crack down on Michael Jackson fans who wear Jackson shirts and carry signs of support for Katherine Jackson in the court hallway.

Los Angeles County Superior Court Judge Yvette Palazuelos rejected Putnam’s request, saying Jackson fans have free speech rights that she cannot limit.

Both alternate jurors said the incident would not affect their ability to make an impartial decision in the case.

http://edition.cnn.com/2013/07/01/showbiz/jackson-death-trial/index.html?sr=sharebar_twitter

However all of the above was for inquisitive minds only. For the rest here is the news about week 10 as presented by the Aspociated Press:

Experts the focus of Jackson trial’s 10th week

Associated Press – Sat, Jul 6, 2013 11:29 PM ED

A look at key moments this past week in the wrongful death trial in Los Angeles between Michael Jackson’s mother, Katherine Jackson, and concert giant AEG Live LLC, and what is expected at court in the week ahead:

THE CASE

Jackson’s mother wants a jury to determine that the promoter of Jackson’s planned comeback concerts didn’t properly investigate Dr. Conrad Murray, who was convicted of involuntary manslaughter by a criminal jury for Jackson’s June 2009 death. AEG’s attorney says the case is about personal choice, namely Jackson’s decision to have Murray serve as his doctor and give him doses of a powerful anesthetic as a sleep aid. Millions, possibly billions, of dollars are at stake.

WHAT HAPPENED THIS PAST WEEK

— An addiction and pain management expert, Dr. Sidney Schnoll, told jurors that there was no evidence in Jackson’s medical records he reviewed that the singer was addicted to prescription medications. He told the panel that with proper treatment, Jackson could have lived a long life and continued to perform.

— Jurors heard from a human resources expert, Jean Seawright, who said AEG Live should have performed a comprehensive background check on Murray before agreeing to allow him to work on the Jackson’s tour. She said the former cardiologist’s initial $5 million request, and his expected $150,000 a month payday, were red flags and more investigation was warranted.

WHAT THE JURY SAW

— A large, three-panel display of Jackson’s history of medical treatments, including administrations of the anesthetic propofol dating back to 1997.

— The judge throw up her arms after an attorney for Katherine Jackson asked Seawright whether she had an opinion on whether AEG Live hired Conrad Murray, a key point in the case. Superior Court Judge Yvette Palazuelos stopped the proceedings to address the jury and tell them that they were the ones who would determine whether Murray was hired by the concert promoter.

QUOTABLE MOMENTS

— “Since he was going into treatment, I can only assume he didn’t want to be a drug dependent person,” Schnoll said regarding Jackson and his decision to enter rehab for prescription drug issues in 1993.

— “It was a red flag to me at the beginning of the process,” Seawright said of Murray’s initial fee request and agreement to work with Jackson for $150,000 a month.

OUTSIDE THE COURTROOM

— Jackie Jackson said his niece Paris Jackson is going to be fine and is getting better after being hospitalized last month for taking Motrin pills and cutting her arm with a kitchen knife. Jackie Jackson made his comments before the premiere of the Michael Jackson-themed Cirque du Soleil show “One” in Las Vegas.

WHAT’S NEXT

— Michael Jackson’s nephew Taj Jackson is expected to resume testifying.

http://music.yahoo.com/news/experts-focus-jackson-trials-10th-week-153037456.html