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Jordan Chandler’s suicide note. WHOSE SUICIDE WAS IT?

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Some readers’ comments on the posts in this blog are so profound that they need to be singled out into separate articles. This is what I decided to do with the comments about the drawing known to us as a “suicide note” of Jordan Chandler. Initially it was meant to be a mere summary, but in the progress of it some new facts presented themselves and this eventually turned this post into a new big version of what happened in the 1993 case at all.

Jordan Chandler’s drawing is found in the book of Victor Gutierrez. The book was published in the US in 1996 under a flashy but false title “MJ was my lover”. Those who know the author from reading his book or from information about him attending a NAMBLA conference in a capacity we can only guess of, will wince at the mere mentioning of his name.

But on the other hand when writing his book Gutierrez worked in very close collaboration with Evan Chandler, so the general outline of the events described there may be quite correct. It is their interpretation which will be terribly distorted as the story is being told by Michael’s worst detractors with the additional twist added to them by a suspected boylover Victor Gutierrez.

So if the general outline of the events is more or less true, Jordan’s drawing depicting someone falling off the roof of a high building may turn into an interesting document for us.

Initially almost none of us disputed Gutierrez’s interpretation of the picture claiming that it was Jordan’s suicide note in which he was warning his father against exerting more pressure on him or otherwise he would kill himself.

VERSION 1. Jordan’s threat to commit suicide?

Victor Gutierrez says that Jordan made this drawing the next day after the August 4, 1993 meeting with Michael Jackson and Anthony Pellicano.

Evan opened the discussion with the money thing thinking that there was a prior agreement over it between his lawyer Barry Rothman and Michael’s investigator Pellicano.

But to his big surprise Pellicano did not confirm that any agreement had been reached. When Evan realized  that Jackson “was not eager to negotiate” he flew into a rage, shoved in Michael’s face the hypothetical psychiatric opinion of the case and left him and Pellicano in great fury closing his speech with a threat that he “will see them in court”.

Gutierrez claims that after that notable meeting Jordan was so nervous that he drew a picure of himself jumping off the roof of a five-storey building and landing in a pool of blood on the ground.

Let us read the full Gutierrez’s text trying to distance ourselves from his pedophile-like interpretations and not paying too much attention to words like the “look of an assassin” attributed to no other but Michael Jackson.

Considering Gutierrez’s own inclinations his account naturally starts with a tender scene between Jordan and Michael Jackson meeting each other:

The meeting would be on Wednesday, August 4, at the Westwood Marquis Hotel.

Upon arriving to the hotel, Jordie calmly walked in, but when he saw Jackson, he jumped into his arms as they both hugged and kissed each other on the cheeks. Jordie rested his head on Jackson’s chest. Jackson stroked his hair and asked him:

“Are you okay, Jordie?”

“Yes, but I miss you!” responded the boy. The pleasantries ended when Evan told Jordie to sit down next to him. He opened the conversation by asking Jackson about the offer he had made to Rothman. Pellicano surprised Evan by immediately denying that he had spoken to Rothman about an offer. Evan looked at Jackson and said, “You’re the only one who can help me!” referring to his Hollywood dreams. But Pellicano again denied making any offer.

Evan briefly turned to Pellicano, and snapped: “Okay, then are you telling me that my attorney is a liar, or is there some kind of misunderstanding here?”

Before Pellicano could say a word, Evan returned to Jackson, and showed him a copy of the psychiatric report on his son, and added:

“I know what you have done to Jordie!”

Evan looked at his son for confirmation. Jordie nodded his head as if to tell Jackson that his father already knew their secret. Jackson looked Jordie in the eyes, smiled and shook his head. “It was a cold smile, without feeling,” Evan said. “It was a look of an assassin declaring their innocence in spite of a mountain of evidence. It was then when I realized that Michael Jackson had not only sexually abused my son, but that he was also a criminal.”

Evan and Jordie went to Rothman’s office to tell him about the outcome of the meeting. Evan told Rothman that Pellicano had reneged on the offer. This angered Rothman, who said “These people are incredible! They don’t keep their word. They lie. How can we negotiate with them?” Evan and Rothman thought that they would have to file a lawsuit against Jackson. Jordie was fearful and depressed about what had occurred at the meeting with Jackson, and about his father’s consideration of filing documents with the court.

The idea that he would have to testify in court against his “first love” depressed him so much that, before going to bed that night, he drew a picture of a boy jumping off of a building and another person yelling at him to stop from behind. The drawing also showed a figure on the pavement covered with blood. This was a message. It was a suicide note. Evan found the paper the next morning. When he saw the drawing, he wrote on it the sentence “Don’t let this happen!”

He thought that the reason for the suicide note was that Jordie had been sexually abused by Jackson. The drawing appears exclusively in this book. Jordie’s reason for suicide was not because he felt shame for his sexual acts with Jackson. He was depressed because his father had promised him that nobody would know. Now his own father was negotiating and planning to go to court to tell all. His father had betrayed him. He also understood that his relationship with Jackson would never be the same. At night, he had nightmares that he wouldn’t see Jackson. During the day, he took long naps, barely ate, and did not want to speak to anyone.

To understand Jordie’s behavior towards Jackson, we must understand his relationship with his parents. Although he had until recently lived with June, her dedication was to her daughter Lily, and, until their problems, had been to her second husband, Dave. He seldom had seen Evan, and never felt close to him. Jordie loved both of his parents very much, but he knew he had not been treated well. He realized that his parents were fighting over him, but only to be close to Michael Jackson. June was happy to receive expensive gifts and luxurious attention. Evan wanted his big opportunity in Hollywood with an interesting project. Jordie realized that Evan’s top priority was not to love him, but rather to administer and negotiate using him.”

(Copyright © 1995 by Victor M. Gutierrez Prieto, 1st Edition: March 1996).

Gutierrez’ interpretation is primitive, exaggerated and very specific in its tone, but in 1996 when the book was published and not yet banned in the US due to its pornographic contents, this was the only account the public, media and police had, so all of them easily fell for the story.

Later on the whole thing was plagiarized by Randy Taraborrelli who gave it the widest possible publicity by repeating it in at least three new revisions of his 1991 book (in 2003, 2004 and 2009).  Gutierrez’s story must have been included into the 2003 version already and stayed there until 2009 from where I am quoting it now.

Essentially it is the same Gutierrez’s story up to the “cold smile of a criminal” that Evan Chandler allegedly saw on Michael’s face:

“… ‘Michael responded with a cold, mocking smile that you often see on the face of criminals who proclaim their innocence even in the face of irrefutable proof of their guilt,’ Evan wrote. ‘It was a chilling sight. He showed no sign of remorse for his actions and he was completely indifferent to Jordie’s suffering.’”

“After his father’s show-down with Michael, Jordie was more depressed than ever before in his young life. The thought that he might now have to testify against Michael was more than he could bear. Before he went to bed, he drew what looked like suicide art: a stick figure jumping off the roof of a five-storey building, and then landing in a bloody heap on the ground.

The next morning, when Evan went into Jordie’s room to say goodbye to him before going to work, he found the chilling drawing on the floor. Jordie was still asleep. Evan wrote on the top of the paper: Don’t Let This Happen, underlining each word. He then put the drawing back where he found it. Turning to leave he changed his mind and decided to take the drawing. It would become evidence of Jordie’s state of mind.”  (Copyright 2003, by Randy Taraborrelli)

Let us single out of this chilling narration the two points we will need for our future analysis. They are as follows:

  • the “suicidal” character of the drawing
  • the claim that it was made by Jordan before going to bed the same day as the August 4th meeting

A slightly different story is provided by Ray Chandler in his book “All that glitters” published a year after Taraborrelli’s 2003 version (in September 2004).

The differences are minimal and may be easily overlooked. Ray Chandler also describes the August 4th meeting at Westwood Marquis but does it in somewhat quieter terms. The first thing we learn from his narration is that there was no tender scene between Michael and Jordan Chandler.

The tender scene did take place but it was between Michael and Evan Chandler as the first thing Evan did was come up to Michael and warmly hug him as if he were his best friend. In contrast to Gutierrez’s pedophilia fantasies Jordan never even came close to Jackson:

AUGUST 4  Anthony Pellicano played the gracious host, all smiles as he ushered them in and offered food and drinks from a buffet. Evan exchanged a quid handshake with the man, but Jordie wouldn’t go near him. He remained slightly behind but very close to his father.

Evan then walked over to Michael and embraced the star with a big, happy-to-see-you hug, patting him on the back like an old friend. Jordie wouldn’t go near Michael either. “I was scared of him. I knew my dad was going to say that 1 told him what happened, and I thought Michael would get mad.”

…”So,” Evan began, directing himself to Pellicano, “Barry tells me you have a plan to help Jordie and me reestablish our relationship.”

“I never said that,” Pellicano replied, his voice suddenly taking an aggressive tone.

The harsh response took Evan by surprise. “Well, either you’re telling me Barry’s a liar, or there’s some serious misunderstanding here.”

Evan couldn’t figure it out. Barry had no reason to lie. Pellicano had made an offer and they had come to discuss it. Now he was denying it.

Frustrated by Pellicano’s attitude, and Michael’s apparent condoning it,  Evan turned to Michael. “You’re the only one who can help me now,” he said. “I know what you’ve done to Jordie. He told me everything.” Evan then asked his son to confirm that he had, and after the boy nodded affirmatively, Evan waited for Michael’s response.

The King of Pop leaned in close, looked Jordie squarely in the eye, and calmly said in a little-boy voice, “I didn’t do anything.”

…After the meeting, Evan and Jordie went directly to Barry’s office. Jordie sat in the waiting room, doodling, while the two adults discussed what had transpired at the Westwood Marquis.

…Barry was furious that Pellicano had denied making the offer. “These people are unbelievable!” he exclaimed. “How the hell can we negotiate ; with them?” They talked it over and decided there was no choice but to file for custody.

Just as they reached that conclusion, Pellicano called. He claimed he never denied making the offer and told Barry that Evan was crazy and walked out of the meeting for no reason. Rather than waste time arguing over the phone, Barry invited Pellicano to his office to continue the discussion.

…Evan and Jordie left before Pellicano arrived.  When Evan returned the following morning he found Barry “in a state of ecstasy”.  Pellicano had responded to the deal by saying he thought it was a great idea and would cheek with the accountants and look over Michael’s development deal with Fox Pictures to see how it could be worked out. “

Evan accepted Barry’s interpretation at face value, but doubted Pellicano had any intention of going through with the deal. As he left the office he handed Barry the picture Jordie had drawn while “doodling” in Barry’s waiting room the night before. He also gave Barry a letter with instructions on how to proceed.

Jordie’s drawing showed what appeared to be a child jumping off a tall building. Contrary to press reports, the drawing did not represent thoughts of suicide on Jordie’s part, rather his fears of going to court and having to tell the world about his sexual experiences with Michael. Fears he constantly relayed to his father.”

(Ray Chandler, Copyright 2004)

The dictionary explains “doodle” as

  1. drawing or scribbling idly
  2. wasting (time) in aimless or foolish activity.

So the gist of Ray Chandler’s version is that later in the day of the notable August 4th meeting Evan and Jordan went to Barry Rothman’s office where Jordan was “doodling” (drawing something) while the adults were talking, and the next day when Evan returned to Rothman he handed him the picture made by Jordan in that office the night before.

Isn’t it interesting how the drawing allegedly made at home and at bedtime according to Gutierrez/Taraborrelli suddenly turns into a drawing made in Rothman’s office according to Ray Chandler?

On the other hand what difference does it make? Indeed, this detail may not be that important –  except for the conclusion that the above is proof that Taraborrelli was using Gutierrez’s book (and not Ray Chandler’s), and for this alone we should be grateful to this short piece of information.

The second idea expressed by Ray Chandler is that Jordan was absolutely not suicidal.  Ray Chandler says that the boy was only reflecting on his fears of having to tesify in court. Since Evan had voiced the idea of taking the case to court only in the morning of the same day, this could indeed be a blow to Jordan and his drawing could be a way of expressing his fears of testifying.

In fact, fears can also be a reason for a suicide, however Ray Chandler clearly says that Jordan was in no mood for it and this shows the boy to be more detached, calculating and controlling his feelings than we previously thought.

This idea is very much different from Gutierrez’s theory, but is surprisingly in line with what we heard from Jordan in his October 6th, 1993 interview with Dr. Richard Gardner. No one can be colder and more detached than this boy, who is supposed to be talking about his “abuse”:

  – “What about fears? Any fears of any kind?”

- “No.”

-  ”Sometimes people, after experiences of this kind, develop different kinds of fears. You have no fears?”

- “Maybe of cross-examination but that’s all. I mean I have nothing to hide, it’s just the thought of it.”

Thus Ray Chandler’s words about his nephew and the boy’s own totally emotionless attitude go against Gutierrez’s suicide story which was based on the deep feelings the boy supposedly had for his “former lover”. And though the suicide version per se is not yet fully ruled out, it is clear that this “love” version so dear to  Gutierrez’s pro-pedophilia mind does not hold water.

If Jordan was ever suicidal the reason for it must have been totally different.

But was a suicidal note at all?

VERSION 2: Jordan is angry with his father who throws Michael Jackson from the top of the world?

The non-suicidal verson was voiced by one of our readers (aldebaranredstar) who called the picture a homicide.

The idea of this interpretation is that the darker figure standing at the edge of the building is the most destructive person in Jordan’s life, and this person is Evan Chandler. Evan is throwing Michael down from the roof of the building  and he lands in the pool of blood (which as a result of that fictional 1993 case he really did).

June Chandler and one of the minors (Lily or Nikkie) are depicted in the lower floors of the building and therefore play a secondary role. All they can do is merely observe the horror scene from a distance as they are unable to influence its outcome in any way at all.

The person standing behind the assassin is his son Jordan who is screaming “No” and trying to prevent his father from making the step fatal for Jackson.

By the time this version arose we had already managed to rid ourselves of the spell cast on us by Gutierrez and Taraborrelli and started regarding this version as the only plausible one.

Indeed it explained and rather convincingly so the disposition of the main forces on the eve of Michael’s character assassination which was nothing new to us. Evan Chandler actually voiced it himself in a telephone conversation with David Schwartz and promised a massacre if Michael Jackson didn’t oblige.

The homicide interpretation would perfectly fit and answer each of our questions – but only if it were not for Geraldine Hughes’ book and her account of meeting Jordan Chandler. She met him in the office of her boss, Barry Rothman who was Evan Chandler’s attorney.

The first thing we recall about Geraldine Hughes’ description of those events is that she saw Jordan Chandler in their office twice. The first time she accidentally entered her boss’s room and found Jordan sitting there alone with Rothman. She had not noticed him coming in and was startled by his presence in the same way as Jordan was startled by her unexpected appearance there too:

I was very surprised to see the boy in Mr. Rothman’s office unaccompanied by a parent. The boy, likewise, was surprised when I opened the door. Mr. Rothman snapped at me for entering unannounced. … The boy had a puzzled look on his face when I walked into Mr. Rothman’s office. … This meeting  between Mr. Rothman and the Chandler boy took place just before the boy was taken to see the psychiatrist who later reported the sexual molestation charges against Michael Jackson.

The second time Geraldine saw Jordan was at a much later time. In fact it was after Evan Chandler had already made his allegations public. The second time she met Jordan she was working overtime, typing some documents and Jordan was hanging about the office waiting for his father and Rothman to finish with their business. Geraldine says that the very idea why they were staying in Barry Rothman’s office was to discuss their further strategy but mostly to hide themselves from all the media frenzy:

The second time I met the 13-year old boy was after the child molestation allegations hit the media. Dr. Chandler and his son came to our office to hide from the media frenzy that erupted immediately thereafter. No one was prepared for the public’s response to the allegations. Dr. Chandler was afraid to go home because his yard was crawling with news media and the media was desperately trying to find Dr. Chandler and his son, who were both hiding in our office. Mr. Rothman demanded that I work overtime that evening to type some legal documents for them (p.45).

So if Geraldine was present in her office on Wednesday, August 4th but didn’t see Jordan accompanying his father on that day, it means that Jordan did not return to Rothman’s office after their unsuccessful negotiations over money (and went home instead), and came to the lawyer’s office only after the allegations broke out not to stay at home alone when the media began spying on each of his steps.

Given that the allegations broke out on August 17, 1993,  Jordan could visit Rothman’s office and draw a picture there only after that date. It won’t change much in terms of Ray Chandler’s description of Jordan’s fears. Fear were fears no matter when the boy felt them, and Ray Chandler could have simply forgotten the correct date.

However if this was indeed the only day when Jordan came to Rothman’s office Geraldine’s description of the boy will contradict the essence of the drawing he made there – the boy was calm and composed, and much more in control of the situation that his father Evan. Nothing in his composure betrayed any of his fears – at least for Michael Jackson. In contrast to his son Evan Chandler produced the impression of a “nervous wreck” and it was actually the boy who was soothing him. He looked normal, undisturbed and in no way behaved like an “abused” child.

This is how Geraldine Hughes describes Jordan the second time she saw him:

While Mr. Rothman and Dr. Chandler were secretly hashing out details of their next move in the conference room, the boy kept walking back and forth between the conference room and my desk. I remember that he was amazed at my ability to type over 100 words per minute. He asked me, “how can you type so fast?” He kept staring at my keyboard with amazement. Once, while he was near my desk, I asked him how he was doing. He stated that he was doing fine.

While he was observing me, I too, was observing him. He was playing with some toys while listening to a Walkman radio. He seemed to be enjoying himself. I am not sure if he knew exactly what was going on outside of Mr. Rothman’s office, but at least for the moment he seemed to be having a good time. From all appearances he seemed like a perfectly normal child interested in playing and listening to his music and was curious about everything.

I observed the boy going in and out of the conference room where his father was nervously going round and round with Mr. Rothman. The father was far more nervous than his son. The boy seemed to just stay in his own imaginary world playing, having fun and not seemingly worried about what was going on with the outside world. I understood why Michael Jackson was fond of the boy. He was very fun, loving, warm spirited and cute. I found myself drawn to his warm and loving personality.

He was not your normal bratty kid – he was very kind and had a gentle personality. He did not act or appear as though he had been harmed in any way. He was acting like any normal, well behaved 13-year old child.

Although I do not have enough psychological experience to know how a child would act who had been sexually abused, I can say that there was nothing abnormal about his behavior, personality or attitude. In fact, he was the one who kept calming and consoling his father, who was a nervous wreck. If appeared as if the boy was protecting his father instead of vice versa. He was more concerned about his father’s well-being than his own.

After observing the boy for a number of hours, I could not help but speculate, in my mind, what would cause a child to falsely accuse someone of child abuse? Especially someone he loved and valued as a good friend – especially someone like Michael Jackson! Most kids would give their right arm and leg to be close to the superstar. I could not stop wondering how this boy could be sucked into such as scheme as this. What could make such an innocent child part of such an evil scheme?

It was obvious to me the boy felt a sense of duty towards his father. He kept walking back and forth checking on his father and asking if he was alright. When the father would have a nervous outburst the boy would soothe him and calm him down.

(“Redemption” by Geraldine Hughes, p. 45- 46).

But now a question arises – if Ray Chandler and Geraldine Hughes are describing one and the same visit, and Jordan was very much calm and composed that day, why did he make that drawing then?

And this brings us to the third version of the same events.

VERSION 3: Jordan was worried about his father Evan and not Michael

The first to mention this drastically new theory was my compatriot Natasha. She wrote to me an email explaining that the picture could be about Jordan being afraid for his father’s life (and not Michael’s).

Evan himself could be on the verge of a suicide and Jordan could be screaming “No” to him to stop him from taking the dramatic step. The drawing could be made for Evan’s sake to show that Jordan cared for him and didn’t want him to die.

The version was interesting and when Nannoris expressed the same idea I realized that since this theory struck two people on both sides of the ocean and quite independently of each other too, it had the full right to exist and be discussed in full earnest.

Moreover this version looks like it might turn out to be the best and the most correct one too, since it explains every little detail the other versions are still unable to explain.

It explains why Evan was a nervous wreck after his allegations became public and was so bad that Jordan had to sooth and calm him down. Evan was terrified by the thought that he might go to jail for extortion knowing full well that the extortion it was.

He was also bipolar and what looked like a great prospect when he was in a manic state turned into the worst of nightmares when the depression stage followed, especially after he finally realized the possible consequences of his plan.

This version also explains why Evan wrote on the note “Don’t let it happen”, meaning it as an appeal to his son not to let it happen to him (Evan). It could be a typical emotional blackmail where the father was saying to Jordan that everything was in his hands now and if he didn’t want the worst to happen to him as his father, he should better do as he was told.

It will explain why Jordan took the side of his father after all. If Evan was openly threatening to kill himself, or if Jordan simply felt that his father was on the verge of a suicide,  he could have agreed to say and do whatever his father wanted him to say and do, just in order to prevent the imminent tragedy.

It will explain why Jordan took care of his father even after he had been formally estranged from him and could perfectly well live all alone, but never did. It could probably be a way to keep an eye on his father and monitor the situation further.

It could also explain why Jordan forgave his father even after he had made an attempt on his life and did not insist that criminal charges be brought against the person who actually tried to kill him.

It can even explain Evan Chandler’s suicide in 2009. He simply did what he had been threatening to do for the 25 years prior to it.

This version will also explain why Jordan agreed to accuse Michael even though he knew perfectly well that he had not done him any harm. Michael would part with a little of his money and the whole thing would be eventually forgotten, while his father would require medical help for the rest of his life and could do with a couple of spare millions – especially if those millions were taken not from Michael’s pocket but from his insurance company.

Blood is thicker than water, you know.

But on the other hand Jordan did not want anything terrible to happen to Michael and was very happy when no criminal charges were brought against him. Gutierrez describes how stunned everyone was when, upon hearing that the case against Michael was closed, Jordan splashed into a swimming pool in his clothes and said to his brother Nikki that this was a good day though he could not yet understand it. This reaction was so spontaneous and so unexpected that over here I am even ready to believe Gutierrez:

Soon Jordie would receive some news that would relieve him from some of the pressure of being the boy who changed the life of the King of Pop. A representative from the OA’s office telephoned him, and told him “Michael Jackson will not be prosecuted, but if some day you change your mind and you want to testify against him, the case will be open for another six years.” Upon hanging up the phone, Jordie felt “relief and peace,” according to what he told to his best friend. “No one would speak about it anymore.” Jordie went to the swimming pool at his house where his stepbrother and Nathalie were, and jumped in w ith his clothes on. When his brother asked him if he was crazy, he answered, smiling and hugging him, “You don’t understand, but this is a good day.”

In short the theory of Evan Chandler blackmailing Jordan with his own suicide is not that bad. I hope you will agree that the above picture can be interpreted that way. And though we cannot prove that this was really the case it would explain a lot about what happened in the Chandlers’ camp.


Filed under: THE 1993 CASE, The true story of Jordan Chandler Tagged: Evan Chandler, Jordan Chandler, Jordie, Michael Jackson, suicide

What you Believe about Michael Jackson does Matter FOR ETERNITY

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This short post was inspired by the terrible site I read yesterday and also by the incredible things claimed about Michael Jackson by one extremely religious blogger who now calls him names like “the beast”,  for example. There is nothing for me to say about this blogger except that there are different ways of turning crazy and each person goes his/her individual way, but as regards that terrible site there is still a very short note to make.

The name of the site is freerepublic.com and the people running it call themselves conservatives. I also wanted to register there as my huge liberalism has a solid conservative foundation to it and I wanted to leave a comment there on their ideas about Michael Jackson – however  they didn’t allow me access, and this gives me no other chance to speak but here only.

That site is a lair of Michael Jackson’s haters and is actually an incredible read. “SHED NO TEARS FOR THIS TWISTED SICKO” typed in capital letters is a typical headline.

The people there think themselves to be exceptionally clever, knowledgeable and important, but the real impression they produce is that of foolish pompousness, ignorance and utter hypocrisy. Much of this impression is due to their Lilliput vision of reality and pretense they try to pass as their belief in God which they parade on every occasion possible. In short they think they are respectable people but look like ugly and pathetic clowns instead.

On occasions they criticize some hateful ‘communists’ who are supposed to be their total opposites. OMG, if they only knew that these ‘communists’ are exactly the same kind of people, with the same ignorance, stereotypes and total inability to think!  Both types supposedly know everything there is to know about life, while in reality no one can be more backward and narrow-minded than they are. In fact these ‘freerepublic’ people and our hardliners would make a perfect match. If only they could be placed on some island! They have so much in common that they could probably make perfect mates for each other.

After reading their site I’ve realized that it is not only the pedophilia  lobby which is trying hard to bring Michael down, but hardliners like the above too. If the proportion of these people is high among the population the fight for Michael will be long, tiresome and deadly. And the most terrible thing in this fight for the truth about MJ is that these people simply don’t want to know it.

Their hypocrisy and double standards are unbelievable. On the one hand they say that Michael has “excessive coverage” (in case a neutral media story appears), but on the other hand they will clap their hands and run with their story like mad if the lie is nasty enough for it.

Their  biggest grief, woe and trouble now is that Michael’s death was mourned by millions of people all over the world and that after a decade of full oblivion people are talking about Michael again. This is something they totally cannot get over and live with. “This orgy of phoney grief over Jacko shows how empty our values have become”, “Mob grief proves Britain is more wacko than Jacko”, etc. are again their typical headlines.

Out of this pile of hate and hypocrisy I’ve selected one article only. It is called “What you Believe does Matter . . . FOR ETERNITY (Michael Jackson’s Life)”.

The article is the usual ritualistic scream about what these hypocrites understand as Jesus and faith in God in general and how Michael Jackson is not fitting into their scheme. Their own behavior is the best evidence that they don’t know what they are talking about at all, as they have no idea what Jesus said and did, and God’s commandments are no good for them either, but this (as usual) does not stop them from screaming the loudest about their “faith” and Michael supposedly being in “hell”.

Here are some excerpts:

In all of the intense media coverage after the death of pop superstar Michael Jackson, the one thing that has driven me crazy has been hearing over and over, often by high-profile Christians, that Michael is now at peace in Heaven. Really? I hear this same thing whenever a famous person dies, regardless of what they believed during their life, as well as from people when a family member or close friend dies, again, regardless of what they believed during their life.

…It is arguable that Michael Jackson was the most recognized person on the planet. Despite his vast fame and material possessions, Michael was bankrupt in the things that really matter in life, joy, peace, contentment, HOPE! Those things only come through having a personal relationship with Jesus Christ and living according to God’s Word.

…After his child molestation trial concluded, on June 17, 2005 I wrote these words, “Even though he has been acquitted of the charges brought against him, the moment he dies he will stand before The Judge, God Himself. At that moment, if he dies without Christ he will be standing all alone. There will be no high-priced defense attorney, no family, no fans, only God who will judge him for his sins and cast him into everlasting darkness. At that moment, if he has accepted Christ as his Savior by faith, he won’t be standing alone. Next to him will be the ultimate defense attorney, JESUS CHRIST, who will tell The Judge that his sins have been paid for and Michael Jackson will be ushered into God’s presence for all eternity.”

…I know it makes people feel better when a famous person or someone they know dies, if they think that they are in Heaven. This is why I have literally given my life 24/7/365 these past 20 years for the Gospel, because the FACT is, those who die without Jesus will not be in Heaven but in the flames of hell for all eternity. What you believe matters, and based on what he believed, Michael Jackson is not in Heaven but in eternal torment and punishment for his sins.

http://www.freerepublic.com/focus/f-religion/2283167/posts

So this author believes that Michael was “bankrupt” in the things that really matter in life, joy, peace, contentment and hope? This he was bankrupt in? And this in spite of him being a great source of joy, love, hope, inspiration and endurance for millions and millions of people?

And this author imagines that Michael was standing all alone there when it was time for him to answer before the final Judge? And that there weren’t any defense attorneys by his side at that moment?

And what about the world?

Isn’t the overwhelming grief that spontaneously took over so many people the best proof that Michael wasn’t standing there all alone? And that the world itself became the highest-priced defense attorney Michael could ever get to speak for him to the heavens? Wasn’t it the whole world that testified in Michael’s defense and presented as evidence the infinite good he did to all of us as well as the true values in life he was teaching  us to appreciate?

These millions of people suddenly woke up to understanding that they had lost someone very precious to mankind and it was these grieving millions that became Michael’s best defense attorneys. Their voices were so loud and tears so genuine that they surely reached the heavens.

And this is all we need to know to make sure that Michael is in the greatest of all places now.

*  *  *


Filed under: MICHAEL'S CRAZIEST FOES, RELIGION, The SOCIETY Tagged: Jesus, Michael Jackson, Religion and Spirituality

The misuse of Michael Jackson and Propofol by Murray and AEG

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“Propofol is safe, but Conrad Murray was not” 

Sometimes we need to come back to a topic when we learn something new about it or when we happen to make an experience in connection with it. It can be amazing when things we have written and talked about suddenly affect us personally and give us new insights, confirmations or recollections.

These recollections now will come back especially with the upcoming trial against AEG, and we will also remember the trial against Murray and the way Michael died.

But before I come to this topic I have to start with a story about my sister.

I have a sister who suffers from PKU (phenylketonuria), a genetic metabolic disorder which leads to mental retardation by the amino acid phenylalanine which accumulates in the body because it cannot be metabolized. Today a mental retardation mostly can be avoided because through newborn screening the disease can be detected immediately after birth and the children receive a strict Phe-less or low-protein diet, usually their whole life. However, when my sister was born – in 1962 – the newborn screening did not yet exist in Germany. It was only found out what she suffered from when she was 2 years old, her brain was already damaged. The phe-less diet was started too late. So unfortunately my sister is disabled and cannot speak – only a few words. She is afraid of medical treatments because 12 years ago she was very sick and almost died. But she is a very lovely person, always in a good mood, smiling, trusting, and we can communicate with her very well. She understands many things we tell her and is very attentive to everything that happens around her.

And the most important thing is: She is singing the whole day. She has one huge talent and that is music. She hears a song once – and can sing the melody immediately. And she has a feeling for different genres of music. Well, we are a musical family and she learned to listen to all kinds of music through us. But it’s just amazing, how she sings chorales of Johann Sebastian Bach as well as blues songs of B.B. King and Muddy Waters. She sings Eric Clapton, Bob Dylan and Joan Baez as well as the famous Hallelujah of Händel’s “Messiah”. She loves R&B as well as Irish folk or baroque or church music.

And, of course, she loves Michael’s music, who combined several music genres. She knows every song by heart and expresses great joy when I play his songs. She even knows the sequence of the songs on the albums by heart and starts singing the next song before it begins to play. I am 100% sure that Michael would have been very impressed by her if he had known her. She literally cannot live without music, it must play the whole day and she complains when someone turns it off.

But this is just the introduction to this post. I wanted to make understandable why my sister needs a sedation for a dental treatment. In fall last year we realized that she needed to have her teeth checked. This is always a problem because she doesn’t open her mouth. I am her legal guardian and so I looked for a dentist who would treat her with the help of an anesthesiologist. This is not always easy because the treatment is more complex, needs more time and patience as usual. Of course, she doesn’t understand what’s going on, is afraid and tries to resist a treatment. She is crying and sometimes screaming. It can be nerve-racking.

The documents for my sister’s anesthesia said that it would be deep sedation with Propofol

But then I found a wonderful dentist who really cared. He arranged for an appointment with an anesthesiologist who worked with him, and they were both very kind-hearted and understood the problem. We discussed the procedure and I had to sign the documents for anesthesia.

It said: “Deep sedation with propofol.”

I wasn’t surprised and it was okay for me. I am working at a university children’s hospital and I know that many of our children are sedated with propofol when they need a cardiac catheter or an MRI for diagnostics.

However, at that time I didn’t know that I eventually would be present when the sedation is carried out. The appointed day was the 21st of December of last year, the day when the world was supposed to end. Well, I knew that in reality it was meant as the beginning of a new cycle, and that’s what I exptected it would be for us, too, because we would be very glad when we finally got over with it right before Christmas.

I hoped I could avoid being present, I shied away from seeing her being sedated. But it was clear that someone would have to hold her because she would try to resist.

We brought her to the dental chair, my mother held her one arm, and I held the arm where the cannula was placed to inject the propofol. And so I witnessed the direct effects of propofol with my own eyes.

Within seconds of pushing the syringe my sister was motionless and knocked out. No way someone can do it him/herself. She was knocked out before the syringe was completely pushed to the end. I could see the effect at first in her eyes. Her eyes suddenly ossified and stayed open. The lids only became a little heavy. And then her mouth opened automatically. We then went outside and the dentist began his treatment, but when I left my sister I saw her like Michael’s assistants described it – with fixed open eyes and open mouth.

However, it was a wonderful feeling to know that the anesthesiologist stayed at my sister’s side for the procedure and watched her breathing, ready to intervene in any case of complication. I wasn’t there when they finished and she awoke, because I had to go to work. But my mother told me that she was awake very quickly, they just sat with her for a while in the waiting room before they took her home – altogether she was at the dentist’s for barely 2 hours.

When my mother also described me how caring the anesthesiologist was, that he even dressed her with her jacket, zipped it, and walked with her to the door to make sure she is alright, I thought: If only Michael had had such a doctor.

I can only say: Propofol can be a blessing. It’s so helpful for cases like my sister or for the kids in our children’s hospital, who would be scared to death without being sedated in case of very grave diagnostic methods and treatments. I was nervous before we went to the dentist and it was a bit odd to watch this situation, but now I am glad I could see all this. It seems so normal now to me that a substance like propofol is used for the benefit of patients.

Afterwards at work I talked with two of our doctors about the use of propofol, and they both confirmed to me how useful and popular it is. One of them even called it a “blockbuster” because everybody prefers it now to former anaesthetics. The experience also made me somewhat emotional and I had trouble to sleep the following night. The picture of my sister on the dental chair switched with Michael’s picture all the time. It’s so incredible that Murray left him alone in this state and didn’t care. And it’s strange that the substance that killed Michael is such a blessing for everybody else.

But it was good for me to get the confirmation with my own eyes that in reality it wasn’t the substance that killed Michael, but a person who did it the wrong way, an entertainment company that apparently put a lot of pressure on him – and on a larger scale the mankind that was so cruel to him.

To remind us of what really happened to Michael when he died, I want to repeat the judgment of Dr. Raphael Gershon, Chief of Anesthesiology at Grady Memorial Hospital, on Conrad Murray in an interview with CNN. He said that it isn’t the matter of propofol per se as it is a very safe medicine to use in a proper setting – it is the matter of the “wrong person doing the wrong thing in the wrong way and in the wrong setting”.

It is the matter of the wrong person doing the wrong thing in the wrong way and in the wrong setting.

We can find the statement in this blog’s post of 28th September 2011: http://vindicatemj.wordpress.com/2011/09/28/murrays-trial-begins/  

We have to remember this and not be afraid of any use of this anesthetic in our own life by real professionals.

I also want to remind us of the interview with former Deputy DA Hamid Towfigh (Link to Jane Velez-Mitchell talking to Hamid Towfigh:  http://www.examiner.com/jackson-family-in-national/former-la-deputy-da-hamid-towfigh-on-conrad-murray-michael-jackson-propofol-video )

Towfigh: In their opening statement of the defense they are telling us if their theory was based on self-injection or self-ingestion by swallowing the propofol. That’s very interesting. But under both reasons they’ll fail.

First of all propofol or deprivan is only vial available [ ] If you swallow propofol it will not cause the reaction of death. That’s in the medical literature, you can ask Dr. Sanjay Gupta about this.

Velez-Mitchell: What about Michael Jackson somehow making an injection or opening the drug?

Towhigh: This is not possible, because according to the Coroner’s report Michael Jackson had a general anesthesia level of propofol in his blood. If you ask anesthesiologists they’ll tell you it is about 200 mg or higher of propofol. The syringes that were in the room of Michael Jackson were 10cc syringes which is the equivalent of 100 mg. That means that he would have had to inject himself twice 200 mg of propofol to get the levels that the coroners said he had.

That is not possible, because after the first dose that Michael Jackson supposedly gave himself, he would have passed out.

And besides propofol is a very painful drug. That’s why they mix it with lidocaine. Michael Jackson had lidocaine in his system. They mix propofol with it because when it goes into your body it’s very painful. So had Michael Jackson self-administered this (which he didn’t) he would have screamed [ ] and Conrad Murray would have heard him in the other room.

Velez-Mitchell: I think that what you are saying is brilliant. [ ] He had so much propofol in his system according to the autopsy report that it was enough for major surgery. He would have had to use two bottles [in a shot, drip or whatever]. And at the time of administering the first one he would have been knocked out so that he couldn’t have been awake to administer the second one. Is that what you are saying?

Towfigh: Exactly.

Velez-Mitchell: Wow!

 Why MJ cannot have administered propofol by himself is described very well also in this post by Helena, who did a great job in covering the Murray trial in 2011:  http://vindicatemj.wordpress.com/2011/10/18/conrad-murray-trial-week-4/

Dr. Steven Shafer – key witness and brilliant propofol expert at the Murray trial – said that one of the reasons he reviewed the Murray case without being charged was that as a practicing anesthesiologist he now hears patients say to him again and again, “Are you going to give me the drug which killed Michael Jackson?”

It was Dr. Shafer’s personal interest to dispel the fear many patients have acquired after Murray’s deeds. In my case he was successful. I never doubted his explanations. And this also helped my sister, so I want to express my thanks to Dr. Shafer for making this decision easy for me.

Dr. Barry L. Friedberg, another well-known anesthesiologist, said: “The general public has been needlessly traumatized over the safety of propofol. I have said from the outset that propofol is safe, but Conrad Murray was not.” http://www.free-press-release.com/news-murray-guilty-propofol-not-1320709413.html

On January 18, 2013, Dr. Barry L. Friedberg posted on his website:

“We do not blame the automobile for the reckless drunk driver’s deaths. By his own public admission, Conrad Murray was reckless by giving Jackson propofol & leaving the room.

Hundreds of millions of patients worldwide have safely received propofol because someone was watching them breathe & monitoring their oxygenation.

(…)

Conrad Murray was practicing as a cardiologist with hospital privileges to catheterize & stent diseased coronary arteries under propofol sedation & pulse oximetry. Despite this knowledge, he chose to buy the cheapest pulse oximeter monitor for Jackson – one that made no sounds & had no alarms.

Clearly, Murray does not believe the normal safety measures apply to his practice, behavior that defines him as a sociopath that never again deserves a license to practice medicine.”

http://drfriedberg.com/blog/propofol-michael-jacksons-death.html  

When Dr. Shafer called Murray’s deviations from the standard of care unconscionable, I think this assessment also applies to the people of AEG Live, who treated Michael apparently with the same ethical violations of his rights as a human being. The tone of AEG’s attorney Marvin Putnam says it all:

“The most important thing to note is that Michael Jackson asked AEG Live to be his concert promoter, not his sobriety coach. AEG never assumed a duty to protect Michael Jackson from his longstanding private demons or from his longtime doctor,” lead defense attorney Marvin Putnam, a Los Angeles partner at O’Melveny & Myers, wrote in an e-mail to The National Law Journal. ”

http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202588802957&Michael_Jacksons_concert_promoter_We_werent_his_sobriety_coach&slreturn=20130207060518  

This and the exploitation of Michael by AEG is also very apparent from this leaked email Paul Gongaware wrote 11 days before Michael’s death, obviously because Murray didn’t send him to rehearsals:

“We want to remind (Murray) that it is AEG, not MJ, who is paying his salary. We want to remind him what is expected of him.”

By the way, did Michael Jackson really ask AEG Live to be his concert promoter? Wasn’t it the other way round? Didn’t AEG ask Michael several times to do a concert series with them when Michael was not ready to do it? Randy Phillips himself told it. They persuaded Michael to do the shows together with those who told him he is broke.

AEG Live probably put so much pressure on Michael and also on Murray to get Michael ready for the rehearsals and the shows that propofol was used as means to an end to reach their goal. Propofol was misused the same way Michael was misused. And both are a blessing for mankind and should be treated with respect.


Filed under: AEG THE HORRIBLE, The SOCIETY Tagged: AEG, Michael Jackson, Murray, propofol

The story of MICHAEL JACKSON, TOHME TOHME and AEG LIVE. Part 1

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Randy-Phillips_1366273cThe AEG Live advocates active in this blog say that this concert promoter is no worse than others, Michael Jackson was no angel and should not be looked upon as a victim, and since we don’t know why Randy Phillips yelled at Michael, we should not pass judgment on AEG – what if there were reasons for it?

This forces me to make a kind of a review about the relations between Michael Jackson and AEG in the months prior to his death.

1. CONTRACT

First of all let me say a short word about the so-called contract between AEG Live and Michael Jackson (so-called because it was actually a letter of intent). Besides it being a dubious document in terms of its validity, there is also no force on this planet to convince me that it was made in the interests of both parties as is usually done between civilized people. No, it was made in the interests of one party only - AEG Live, and in the very best case was a way to coerce Michael into making those shows and blackmail him if he wanted to back out, and in the worst case was a tool to squeeze millions out of Michael’s gross exploitation and grab his assets if he was unable to perform.

Behind the seemingly respectable façade of those ‘contract’ papers you will see the grossest exploitation, disdain for Michael Jackson and the immoral taking advantage of him as an artist and human being. There is even a special legal term describing this kind of a business relationship and the name to it is an unconscionable contract:

  • An unconscionable contract is one that is so one-sided that it is unfair to one party and therefore unenforceable under law.  It is a type of contract that leaves one party with no real, meaningful choice, usually due to major differences in bargaining power between the parties.
  • In a lawsuit, if the court finds a contract to be unconscionable, they will typically declare the contract to be void.  No damages award or specific performance will be issued, but instead the parties will be released from their contract obligations.

Unfortunately only few have read that contract and cannot imagine how immoral it is. Many are also confused by the vagueness around Michael’s state of health, his reasons for the alleged missing of rehearsals and AEG’s propaganda about their huge losses which they never sustained.

With so much talk about how lovely AEG Live is I decided to make a full check-up of my own impression of them and review it from the most neutral position possible. What if I am really unfair to AEG Live? If I am this is no good, and it was from this premise that I started this review. The story below is what came of it.

2. LET’S DO SOME MATHS

One of the first questions I asked myself was whether AEG Live treated other artists in the same way. This was a difficult question as the AEG contracts with others performers are not available to me, so I had to go by scraps of the media information only.

The first impression I got from what I read was that AEG behaved in a different way with different performers and provided different terms depending on who the star is.  Judging by the variations they could probably even follow some of the performers’ wishes.

Prince, for example, was promoting his new album 3121 and to reflect the title of the album he and AEG Live set the price of every ticket to his 2007 O2 Arena performances at £31.21 irrespective of the seat. In case the profits were not good enough this was later compensated for by Prince’s setting the price at $312,01 for his Las Vegas performances, as this article informs us:

Prince’s permanent Vegas vacation

It happens to them all, Frank Sinatra, Elvis, even Siegfried and Roy, they all made Vegas home to their twilight career. Prince has now made a big step to follow in their footsteps by apparently looking into taking over the Empire Ballroom club on the south Strip which is really at 3676 Las Vegas Blvd will be renamed Club 3121. Prince will be charging Vegas prices too, his first dates at this show sold at $312.01 per general admission ticket for the “intimate” 1,300 capacity venue for dates across the summer, which will include special guest performers. His current plans incuding holding regular performances at the Rio Hotel/Casino.

With Bon Jovi AEG Live pursued a different policy. The price of tickets was even lower than that of Prince’s but the tickets could be bought only on condition you buy their CD. This was the opposite policy to that of Prince who offered a free CD together with the ticket to promote his new music and artificially influence some “Soundscan charts”.

I’ve learned these details from Randy Phillips’ public correspondence with a person whom I understand to be a professional in this business. Here is a sample of it:

From: Bob Lefsetz
Date: June 26, 2007 6:33 PM PDT

“The Bon Jovi deal is the first “all-in” presale that bundles together a ticket and a digital album as a single transaction sold via Ticketmaster’s Web site. In this way, the promotion is more a digital version of Prince’s 2005 Musicology tour, which included with the ticket price a physical version of his new album, to be picked up at the venue.”

You HAD to buy the digital download if you wanted tickets in the pre-sale…

From: Randy Phillps
Date: June 26, 2007 6:46 PM PDT

In the Prince sales we didn’t give the consumer the opt-in/opt-out choice and did accidentally (all Prince cared about was getting his new music into as many hands as possible) and artificially influence the Soundscan Charts. This was not the case with BJ.

…. Bob, they are playing 10 nights, not 1 or 2, and there are plenty of tickets available to the public in both the primary and secondary markets. Only 45,000 out of over 100,000 sales opted to buy in. Those are REAL sales. All we did was make it easier for a fan to purchase the record. Please open your mind to new ways of selling records. The business and artists need these avenues. For God’s sake, Tower Records is gone! Embrace the new paradigm. Soon physical product will be gone also. At least fans bought an entire album instead of just a song. RP

http://lefsetz.com/wordpress/index.php/archives/2007/06/27/randy-phillips-responds/

In contrast to Prince and Bon Jovi for Barbra Streisand’s three O2 Arena concerts in the same 2007 AEG Live set sky-rocketing prices. The face value of the tickets ranged between £100 and £500 while the secondary tickets (those sold through third parties) went up to £1,500.

By way of comparison let me say that the face value of tickets to Michael Jackson’s concerts was within the range of £50 to £75 while the price of secondary tickets reportedly went up to £10,000. The difference between the face value and the secondary tickets speaks to the popularity of the performer and is an extremely important factor to look into. Usually it indicates the true “market value” of the star and besides being an objective assessment of his merit is crucial for cases when tickets have to be returned (for whatever reason). The thing is that the balance between the face value and the price of secondary tickets is never returned, so if you paid £10,000 the most you will get back will be £75, and this gives the concert promoters certain opportunities.

The level of prices for Barbra Streisand’s concerts and the huge demand for Michael’s shows made me think that to reach the same sum from the concerts Michael didn’t really need 50 shows.

All he needed was a little rise in the price of his tickets.

The London concerts in my opinion were too strenuous for Michael to give them away cheap, so those of us who could not afford to see Michael Jackson live could be given an opportunity to see Internet pay-per-view concerts at a minimal price (as AEG’s competitor AllGoodEntertainment was planning to).

Another possibility was to arrange a series of 3D documentaries that could be shown in the movie theatres belonging to the same AEG or sell the footage to TV round the world.  In short there were ways how to find a reasonable compromise between the huge desire of fans to attend Michael’s concerts and the respectable price of tickets which could alleviate some of Michael’s financial problems and help him to make his dream about a children’s hospital come true.

Michael Jackson was surely a no lesser star than Barbra Streisand and what Barbra Streisand’s spokesman said about the price of tickets to her show and her performance being “the momentous occasion comparable to seeing Elvis or Sinatra” applied to Michael Jackson all the more so:

Barbra Streisand charges up to £500 per ticket for comeback show

by PAUL REVOIR

01 May 2007

Fans wanting to see Barbra Streisand perform in the UK for the first time in 13 years will have to pay as much as £500 for the privilege, making the concert one of the most expensive ever.

The cheapest seats for the diva’s show at London’s O2 Arena – the former Millennium Dome – will cost £100, with top ticket prices more than three times what it would cost for the best seats at a Rolling Stones or Madonna concert.

Critics claimed Miss Streisand, 65, was exploiting her fans’ goodwill.

But her camp defended the sky-high prices by calling a live performance by the singer a “momentous occasion” comparable to seeing Elvis or Sinatra.

The last time Miss Streisand played in the UK, in 1994, ticket touts were forced to sell tickets below face value after the expected demand failed to materialise.

Her concert at the venue in London’s Docklands on July 18, featuring a 58-piece orchestra, will be one of five European dates for the singer-actress.

…Madonna was criticised last year when tickets for her Confessions tour were priced between £80 and £160 while the top tickets to see the Stones at Twickenham this summer are £150.

Part of the proceeds from the tour will be donated to good causes through the Barbra Streisand Foundation.

A spokesman for the star said: “Seeing Barbra Streisand in concert is a pretty momentous occasion that ranks up there with seeing Sinatra or Elvis.

http://www.dailymail.co.uk/tvshowbiz/article-451657/Barbra-Streisand-charges-500-ticket-comeback-show.html

Well, if Madonna’s tickets were between £80 and £160 in 2006 (three years before Michael Jackson’s concerts), not to mention the 2007 Barbra Streisand tickets at £100 to £500, why were the tickets for Michael Jackson’s concerts set at only £50 and £75 two years later? It is inflation, you know, and wouldn’t the higher price of tickets befit Michael Jackson’s name better in addition to sparing his health and reducing the number of shows which was Michael’s biggest desire?

Let us do some maths as an example.

With the O2 Arena seating capacity of 20,000, the tickets to only one Barbra Streisand’s show collected the gross sum of £2mln to £10 mln  - £6mln on average (if no secondary tickets are included here, of course).  But the same tickets for one Michael Jackson’s show were collecting only £1mln to £1,5mln – or £1,25mln on average.

The gross sum collected from secondary tickets to Michael’s concerts, which were approximately half of all the tickets, was incomparably higher than the official sum and is difficult to estimate. If the tickets were sold at a price ten times as high (£500 – £750) the gross collection from one show could be £10mln to £15mln. And if the price per secondary ticket reached £10,000 as some papers reported, the resulting gross sum could be an astronomical one.

But if we compare the average sums collected from the face value tickets for the shows of Streisand and Jackson (£6mln and £1,25mln) we’ll see that a single Barbra Streisand’s concert was bringing as much as four Michael Jackson’s concerts.

That is why Michael Jackson had to do 50 concerts while Streisand would have had to do only 12,5 to reach the same sum.

No, I am not suggesting that Michael’s fans should be subjected to this highway robbery, and Michael wouldn’t have agreed to it anyway – all I am trying to say is that a reasonable compromise could and in my opinion should have been reached considering that Michael wasn’t a boy and his show was physically demanding in the extreme. A fewer number of shows could have spared Michael’s health, lessened his stress and reduced the production expenses that were to be paid by Michael and Michael alone (salary to dancers, their feed and accommodation, travel expenses, visas, equipment, transportation, etc.). All of it could have been cut and still get the same money if only the prices of tickets had been raised at least to the level of Madonna’s 2006 shows.

Let me say it again that to satisfy the desire of Michael’s fans to see his concerts AEG Live could have televised them and shown them via Internet on a pay-per-view basis or could have sold the footage to some TV channels. Those fans who could not afford a live concert could have watched the show on the Internet at a symbolic price, while the most would have surely agreed to pay more to see with their own eyes the miracle of a fifty-year old man dancing like a twenty-year old.

Didn’t Randy Phillips himself say in his above email that we should ‘open our mind’ to ‘new venues’ and ‘embrace new paradigms’? And didn’t he also say that ‘soon physical product will be gone’ evidently referring to performers? Especially middle-aged performers? But if they were to be gone soon, shouldn’t something have been done to spare them and help them get the best terms possible which would be suitable for them, their fans and their concert promoters?

The only thing AEG Live needed for opening their minds to ’new paradigms’ as regards Michael Jackson was the desire to work out the best working scenario for him and find a proper compromise between the intensity of the tour, its length and the price of the tickets. However for Michael Jackson none of it was done.

3. THE COMPETITOR

In contrast to the giant AEG Live their smaller competitor AllGoodEntertainment did think of Michael being no longer a boy and the need to spare him, so it was them who came up with the idea of an Internet pay-per-view show. But AllGoodEntertainment was sort of swindled by Frank Dileo who promised a concert by Michael Jackson and his siblings though he wasn’t even Michael’s manager at the time. They did talk on the phone occasionally but that was it. The show was never agreed to by Michael, and we are not even sure that he or his siblings were aware of Frank Dileo’s underground activity.

Michael Jackson did not want to do a reunion concert which Joe Jackson was trying to organize mostly for his own sake and his other children, but from the financial point of view the concert planned by AllGoodEntertainment could have brought Michael at least three times as much money as a much more strenuous concert with AEG. The plans of AllGoodEntertainement were brilliant however their biggest problem was financing of the project:

“The plan of AllGood Entertainment was to host a “one-time event” tentatively titled “The Jackson Family Reunion: A Concert for the World” in the summer of 2009. The concert would star Michael and Janet Jackson while also including his siblings: LaToya, Rebbie, and all of his brothers. Billed as “The Most Anticipated Concert Event in Music History” the concert was anticipated to gross more than $93 million through a variety of means including ticket sales (at $135 each), sponsoring, Pay-Per-View access, DVD and CD sales, merchandising, digital downloads, broadcasting, and licensing. Using such a figure as a selling point, the company sought out a sponsorship to help fund the endeavor which included around $30 million of expenses.

…The event would be day long and recorded professionally for Pay-Per-View and DVD releases with a projected first-showing audience of 100 million. The Pay-Per-View would fetch and estimated 3 to 7 million purchasers at $30 each, and there would be a worldwide market campaign building up to the event.

…[One of the agreements between AllGood Entertainment and Frank Dileo ] called for at least a 90 minute performance by Michael Jackson and 150 minute performance overall by all parties of the Jackson family.

…In summary, two contracts and agreements were signed by December 1, 2008 by Frank Dileo and parties relating to Dileo’s agency and AllGood Entertainment’s agency. None of these contracts bare any signature of the Jacksons, nor has there been any confirmation that the Jackson siblings are aware of these concert-related plans.

…On October 30, 2008 (one month before any such contracts, proposals, or agreements were drafted and signed), Michael Jackson issued the following statement: “My brothers and sisters have my full love and support, and we’ve certainly shared many great experiences, but at this time I have no plans to record or tour with them. I am now in the studio developing new and exciting projects that I look forward to sharing with my fans in concert soon.”

http://www.positivelymichael.com/forums/archive/index.php/t-3349.html

Later AllGoodEntertainment announced that for Michael Jackson’s 90 minutes of performance at that one-night event they would offer him $3 million. This sum makes me think that if Michael had agreed to do a solo concert with them the remuneration from that concert promoter could have been even higher.

We cannot be sure that AllGoodEntertainment would have raised the necessary $30mln for producing the show, but the fact that the terms of the offer were less demanding and more profitable for Jackson is indisputable in my opinion.

It is also interesting that AllGoodEntertainment was planning to spend the same $30mln on production as the sum eventually provided by AEG and this means that the scale of the show was supposed to be the same. The only difference was that all production expenses borne by AEG were to be later compensated for by Michael Jackson. As to AllGoodEntertainment I don’t know – possibly not, as it is the first time I hear of the need for the performer to fully cover all the expenses on the show. Why need the concert promoter then? The same could have been done through a bank…

The questions why Michael Jackson preferred AEG to AllGoodEntertainement and how dared Frank Dileo make arrangements with AllGood behind Michael’s back and even take some advance money from them as I hear (a totally outrageous thing to do) will not be the point of the present discussion.

The point I am trying to make is that the comparison with another concert promoter shows that AEG Live could have arranged Michael Jackson’s shows in a way that could make them less rigorous and physically demanding, but at the same time more profitable  – but this of course only in case AEG Live wanted it that way.

4. THE MAD MARATHON

The other issue I needed to check was the time space between the concerts arranged for Michael Jackson by AEG Live.

Barbra Streisand’s schedule included three shows on the London O2 Arena during her European tour in 2007. The dates of the shows were set with a span of 3-4 days between them, with the exception of 5 days in the middle and 2 days before the last show:

 21 June        Vienna Schloss Schonbrun
26 June        Paris Bercy
30 June        Berlin Waldbuhne
4 July           Stockholm The Globe
10 July         Manchester MEN Arena
14 July         Dublin Castletown House
18 July         London The O2 Arena
22 July         London The O2 Arena
25 July         London The O2 Arena

http://www.barbrastreisand.com/us/news/barbra-streisand-concert

The schedule worked out by AEG Live for Michael Jackson and his first 10 concerts in July 2009 was dramatically different.

The dates of the shows were set on the show/day-off/show/day-off basis from beginning to end. You will agree that even if Michael Jackson was able to do something of the kind in his younger years, it does not mean that he could do it at the age of 50 and after a many years’ break too.

Even when he was young Michael used to say that he would no longer be able to keep up with the pace of the tour, so you don’t have to be a genius to realize that a similar schedule for Jackson in 2009 was totally unrealistic, physically impossible and even humiliating for a 50 year-old singer who was also to dance during the major part of his show.

However all these considerations didn’t stop AEG from setting the first 10 shows one after another with hardly any days off. This was how the first 10 shows were set:

  • Wednesday, July 08
  • Friday, July 10
  • Sunday, July 12
  • Tuesday, July 14
  • Thursday, July 16
  • Saturday, July 18
  • Wednesday, July 22
  • Friday, July 24
  • Sunday, July 26
  • Tuesday, July 28

Besides almost all dates going one after another with only one day off between them, what also amazes me is that the above scenario was not only grueling, but also totally uncalled for – there was no rush and no need to press Jackson to perform at such a backbreaking tempo. Or was it?

The itinerary also makes it clear that the dates were set by the concert promoter and possibly by Michael Jackson’s manager, but not by Michael Jackson himself . The schedule was so much going against his interests that he clearly did not take part in the decision making.

Why AEG Live and Tohme did it for Michael still remains to be looked into. In the meantime here is the record of how things were developing – the sale of the tickets began on March 11, 2009 and the dates were announced the day before:

Michael Jackson Reveals London Concert Dates

March 10, 2009 08:13:29 GMT

Ten concert dates for Michael Jackson’s gigs at London’s O2 Arena have been announced. Described as a “big budget, grand, highly technical, incredible show”, the concerts will begin on July 8 and will be wrapped up on July 28.

On what fans can expect from the upcoming concerts, Randy Phillips, a chief promoter of AEG Live tells BBC that since Michael is a perfectionist, he will come up with a new idea. “Michael Jackson is a perfectionist, so it’s going to be amazing,” Randy says. “He’ll try a lot of new things.”

Michael Jackson previously said that his London concerts will be his “Final Curtain Call”. During a press conference at London’s O2 Arena, he stated, “I just wanted to say, these will be my final show performances in London. When I say this is it, it really means this is it. I’ll be performing the songs my fans want to hear. This is it, this is really it, this is the final curtain call.”

Michael Jackson’s London concert dates:

  • Wednesday, July 08
  • Friday, July 10
  • Sunday, July 12
  • Tuesday, July 14
  • Thursday, July 16
  • Saturday, July 18
  • Wednesday, July 22
  • Friday, July 24
  • Sunday, July 26
  • Tuesday, July 28

© AceShowbiz.com  http://www.aceshowbiz.com/news/view/00022648.html

However this was only the beginning of the marathon. Immediately after selling tickets for the first 10 shows an additional number of shows was announced. The number itself was not known. Rumor had it that 12 more shows would be added, and Reuters reported that it was Michael Jackson who allowed AEG to add extra shows:

Michael Jackson to add concerts after sellout

LONDON | Wed Mar 11, 2009 1:39pm EDT

(Reuters) The 50-year-old singer has been a virtual recluse since his acquittal on child abuse charges in a 2005 trial, his last full set of live concerts was 12 years ago and he has not recorded an album of new music since “Invincible” in 2001.

Last week he announced his long-awaited comeback at London’s O2 Arena, where he plans a Las Vegas-style “residency” with a series of 10 concerts beginning on July 8.

“The pre-sale 10 shows at The O2 that went on sale this morning at 7 a.m. have already sold out,” said Outside Organization, the PR company representing promoter AEG Live.

“Due to the incredible level of interest, Michael Jackson has allowed AEG Live to add extra shows.”

It was not immediately clear how many concerts would be added. The website of music magazine Rolling Stone reported 12 extra concerts had been booked.

AEG Live said last week it may extend Jackson’s London series and launch gigs elsewhere in the world if the demand was there.

Jackson is still the “King of Pop” to his legions of fans despite his sometimes bizarre behavior and appearance in recent years. He has sold around 750 million records, won 13 Grammys and is regarded as one of the biggest pop acts of all time.

Organizers said fans should log on to website http://www.michaeljacksonlive.com for information on the additional shows.

http://www.reuters.com/article/2009/03/11/us-jackson-idUSTRE52A44W20090311

By midday it was clear that 16 more shows were added, thus taking the schedule as far as September 10th. Now Michael Jackson was to give 26 shows from July 8 to September 10th:

  • July 8, 10, 12, 14, 16, 18, 22, 24, 26, 28, 30
  • August 1, 3, 10, 12, 17, 19, 24, 26, 28, 30
  • September 1, 3, 6, 8, 10.

Looking at this schedule and at the breaks of 5 days (after August 3d) and 4 days (after August 12th) in the middle of it,  I see that even if Michael Jackson discussed the schedule with AEG Live, which I highly doubt, all he managed to get from them was a little rest in the middle of the marathon. But as to the remaining dates the schedule was simply bizarre.

Instead of spacing the shows more evenly and giving the artist some rest on a regular basis, the 50-year old Michael Jackson was supposed to first run a marathon of 13 concerts, then have some short breaks in the middle, and then run the second marathon of 11 more shows, all of them set at an incredible show/day-off/show/day-off pace.

I doubt that Michael Jackson’s well-being or survival were on the minds of AEG Live functionaries when they were setting this brutal schedule for him.

The media was closely following the situation and what was Michael Jackson’s shock, pain and anxiety became a thrilling circus for the media and the public:

How Thrilling: Michael Jackson adds 16 more shows to London run

BY MELINDA NEWMAN WEDNESDAY, MAR 11, 2009 3:13 PM

We’re still not sure that he’ll even make it on stage (British oddmakers are even taking the bets), but Michael Jackson has added 16 more concerts to her run at London’s O2 Arena.

According to Billboard, that brings the total number of shows to 26. The first 10 shows have yet to go on sale to the general public. Pre-sale tickets for the first shows went on sale today for those who registered

through www.michaeljacksonlive.com.  AEG Live, which is promoting the shows, told Billboard that 10 shows sold out their pre-allocation amount. That amount is believed to be 50% of the total tickets available.

The general public can buy tickets starting March 13.

The 26-date run now spans July 8-Sept. 10. Prices are $68.82 to $103.23. Prince played 21 dates at the same venue in 2007.

http://www.hitfix.com/blogs/the-beat-goes-on/posts/how-thrilling-michael-jackson-adds-16-more-shows-to-london-run

But even then the marathon was not yet over. Two days after the first 26 shows were so swiftly announced and sold out, on March 13th another 24 shows were added thus making it 50. It did not happen in one stroke either, but was again done in fits and starts – first one number was announced, then another one, and then finally 5 more shows were added.

The summer/autumn season was supplemented with four more shows to be done in September – 21, 23, 27, 29, thus bringing the first leg of the tour to a total of 30 shows.

Then came a three months break and 20 more shows were added in January and February 2010. What’s incredible about the winter season was that the new dates followed the same grueling show/day-off/show/day-off pattern as if AEG Live had nothing to learn from the first leg and this hectic scenario was all they could ever offer to Michael Jackson.

Among other things the three months break in between meant that for the winter time AEG Live would not have any problems with filling in the shows on O2 Arena due to Michael’s death – those concerts were too far off to worry about the replacements, so all Randy Phillips’ lamentations over the need to immediately fill in their precious arena for 50 nights could concern only the first leg of 30 shows.

The newly added dates were as follows:

  • September – 21, 23, 27, 29
  • January 7, 9, 12, 14, 16, 18, 23, 25, 27, 29 
  • February 1, 3, 8, 10, 12, 16, 18, 20, 22, 24

Over here I have a question. If they made a ‘mistake’ of setting the dates too close to each other in the first part of the tour, what was driving AEG Live to do the same in the second part of it? Frankly, this schedule does not look like a recipe for success – to me it looks like a recipe for a disaster and an intentional one at that. In fact it is something like, “If we didn’t do him in the first time, this time we’ll make it”.

Below is the news about the 50 concerts the way it was reported on March 13, 2009. There is also some vague talk there about the viagogo broker which is selling secondary tickets, and though Randy Phillips is trying to underestimate the problem all of it is about a huge speculation with Michael Jackson’s tickets done with full AEG Live’s knowledge as they are the first to collect the surplus money:

Michael Jackson tickets for ‘This Is It’ concert series sell out in hours

By Allison Reitz

Fri, Mar 13th 2009 1:50 pm EDT

Just hours after sales opened to the public, tickets sold out for all 50 dates of Michael Jackson’s comeback run at the O2 Arena in London. CNN reported that approximately 750,000 tickets were sold-out during a four-hour time slot.

Due to overwhelming demand for tickets, 35 shows were added over the course of presales, which began March 11. Jackson’s stay at the O2 was initially set at 10 dates, with the option to add more performances as dictated by public demand.

However, all 45 concerts quickly sold out their total presale allotment of approximately 360,000 tickets. As a result, concert promoter AEG Live added five more dates — for a total of 50 shows — to today’s general on-sales.

Jackson’s 50-show sell-out shatters eclectic musician Prince’s 21-night record at the O2 and defies industry expectations for the 50-year-old. Even AEG Live is stunned by the positive response from fans around the world.

“We never thought ’50 shows’ and frankly, based on the queues on Ticketmaster, plus the 300,000 registrants we still haven’t issued codes to, we could spend two years here,” AEG Live CEO Randy Phillips said during an interview with BBC Radio 1. “Mike asked me how long he would be in the United Kingdom for, and I told him, ‘Probably long enough to get a British passport.’”

Despite the broken records and astronomical sales figures, Jackson’s unprecedented comeback has not been without its share of controversy.

Concerns have risen in the media over AEG Live’s deal to sell premium-priced tickets for high-demand seats directly through official secondary partner, viagogo. Recently,Madonna set up a similar deal with the site, which is the official premium ticket outlet and fan-to-fan resale base for her upcoming Sticky & Sweet summer 2009 tour extension in Europe.

In an interview with Billboard, Phillips explained the deal as a chance “to give fans access to premium seats and the market would set the price on only a small percentage of the house every night; and, secondly, to give fans a peer-to-peer platform where they know these tickets aren’t counterfeited.”

However, Phillips then alleged that viagogo contacted brokers with discounts on the premium tickets rather than selling them directly to fans on the site’s exchange platform. AEG Live is reportedly seeking an injunction against viagogo in London courts today (March 13) to ensure that the premium tickets go to fans.

viagogo did not respond to requests for comment.

Michael Jackson 2009 schedule: 
(Dates are subject to change.)

July  8, 10, 12, 14, 16, 18, 22, 24, 26, 28, 30
August 1, 3, 10, 12, 17, 19, 24, 26, 28, 30
September 1, 3, 6, 8, 10, 21, 23, 27, 29

Michael Jackson 2010 schedule: 
(Dates are subject to change.)

January 7, 9, 12, 14, 16, 18, 23, 25, 27, 29
February 1, 3, 8, 10, 12, 16, 18, 20, 22, 24

http://www.ticketnews.com/news/Michael-Jackson-tickets-for-This-Is-It-concert-series-sell-out-in-hours3913461

The information about the “dates being subject to change” should not fool anyone here. It is clear to every reasonable person that with a million tickets on the customers’ hands (20,000 seats multiplied by 50 shows) and half of them being secondary tickets (sold through third parties at sky-rocketing prices) it would have been extremely difficult to change the dates.

A much easier way would have been to space the dates evenly, with 3 or 4 days breaks in between (like in Barbra Streisand’s case) from the start of it, and only then offer tickets for sale.

However this was not the way AEG Live wanted it. For some reason they chose to first sell the tickets to an extremely harsh schedule for Jackson and only then inform Michael Jackson of what was in store for him.

When Michael Jackson got familiar with the schedule set up for him by AEG Live and Tohme, he went into a panic.

Usually people name Michael’s bad financial situation as a reason for Michael’s huge stress, however this situation had been dogging Michael for many years already and never made him really panic. Michael seemed to know how to distance himself from all those money troubles. Even in the tape made by Conrad Murray while he was putting Michael under sedation, Michael was talking of giving away money for a children’s hospital he was dreaming of. If he had been terribly concerned about his finances, his half-conscious condition was exactly the time when his worst fears would have been voiced – however the way he spoke of money showed that the finances were not his top worry, at least not at that moment.

Then what was his top worry?

From the way he reacted to the schedule made for him by AEG Live and Tohme I think he panicked when he saw how impossible for his mere survival that schedule was and how terribly the people he relied on had betrayed him. This was probably the first time he realized that those who had induced him into the project were not meaning him any good.

5. DAVID GEST: THE PRESSURE KILLED JACKSON

Irrespective of what we think of Michael’s flamboyant friend David Gest the story he is telling us of Michael’s panicky reaction to the AEG schedule and details of the way the number of those shows grew are perfectly in line with what we’ve just learned about the same events from other sources.

David Gest says that it was the stress Michael had to live with from the moment of seeing that schedule that actually killed him:

David GestGest: ‘Concert pressure killed Jackson’

Published Monday, Jun 29 2009, 09:33 BST | By Mayer Nissim

David Gest has claimed that Michael Jackson was killed by the stress of his impending live shows at London’s O2.

The TV star and singer’s friend told The Sun that Jackson was unhappy at having been booked to play 50 shows, rather than the ten originally announced.

Gest said: “Michael told me he was excited about getting back on stage. I told him I was proud of him. But I really believe in my heart of hearts that the pressure of those concerts killed Michael.

“He thought there were going to be ten dates as announced. But then all of a sudden [Doctor Tohme R.] Tohme, along with Randy Phillips, president of organisers AEG, had arranged 20, 30 then 50 dates.”

He added: “Michael was being told: ‘You are going to set the world record for concerts at the O2, you are going to beat Prince’s record.’

“They knew how to feed into his ego. But when Michael realised his schedule, he began to panic. It was one show after another, with hardly any days off. He should never have been tied to so many, especially a guy who dances through more than half of his set.”

http://www.digitalspy.co.uk/showbiz/news/a162540/gest-concert-pressure-killed-jackson.html

Let me repeat it again:

  • “He thought there were going to be ten dates as announced. But then all of a sudden Tohme, along with Randy Phillips, president of organisers AEG, had arranged 20, 30 then 50 dates.”
  • “It was one show after another, with hardly any days off.”

 The above is a correct description of what the schedule was really like and a very accurate account of the way the tickets were really sold – first 10, then 26 quickly turning into 30, and then 50 shows including the winter season.

So according to David Gest, initially Michael was not aware of what was going on with the schedule and what rigors it had in store for him. But when the euphoria of all that enthusiastic welcome passed and he did realize it, he saw that the dates were simply impossible to keep up with.  One show was going after another with hardly any days off and this was supposed to take place for a period of three months!

And then, as if this was not enough for them, they arranged the same schedule for the winter time and this ugly pattern of one show after another was repeated again! Why, why were they so insistent on this mad race?

I’m afraid that none of us are able to imagine the sickness Michael must have felt when realizing the disaster. Bad as it was, another thing contributing to the stress was the fact that nothing could be changed now that a million tickets was sold out. The situation was inevitable, irreversible – it was hopeless.

If we didn’t know of the way Barbra Streisand’s concerts were organized we could imagine that cramming all the shows into the shortest period of time was AEG’s usual practice. The reason why they could be doing it was not to mix the main event with others and therefore make it as compressed as possible, even despite the fact that they were dealing with human beings and not machines.

But we do have Barbra Streisand’s example and know for sure that it was quite possible for AEG Live to have a break of 3 – 4 – and even 5 – days between the shows!

AEG Live could have filled the spaces in between Michael’s concerts with something else as they evidently did it with Barbra Streisand and it did not harm them a bit and they perfectly survived the practice.

So a proper schedule for Michael Jackson was just a matter of how much goodwill they were ready to extend to Michael Jackson and whether they really wanted him to make those 50 shows.

Yes, the other side of this mad marathon was that it could rebuff on AEG Live too – if Michael did not cope with the rigors of it they would have also lost on those concerts (or wouldn’t they?).

So if they didn’t want to lose those concerts why were they doing it to him then?

This must have been the question constantly on Michael Jackson’s mind and something his emotional state heavily depended on. If we learn whether he found an answer to this question (and if we find this answer ourselves) we can consider the box of the mystery unlocked.

The sure conclusion we can make at this stage is that the strenuous schedule arranged by AEG Live and Tohme for Michael Jackson was absolutely not a must and this poses a question why these people chose to arrange things the way they did arrange it for Michael Jackson. I hope we will be able to answer this question one day.

6. TOHME TOHME

David Gest pointed to Tohme Tohme as the main person with whom Michael associated the disastrous schedule.

To be more precise, Gest did not name all the people Michael was unhappy with and just made a general statement about it. From what he said we can gather that the mess was the result of Michael trusting wrong people and one of these people was Tohme Tohme:

Michael Jackson ‘Trusted Wrong People’

29 June 2009

One of Michael Jackson’s closest friends, David Gest, insists the singer was surrounded by bad advisors and the stress of preparing for his 50-night London residency killed him.

David Gest has blamed Michael Jackson’s advisers for his death.

The 55-year-old concert promoter - a friend of the late ‘Thriller’ singer since he was 11 – insists the pressure of preparing for a 50-night run of concerts caused the fatal suspected cardiac arrest that killed Michael on Thursday (26.06.09), singling doctor Tohme R. Tohme for particular responsibility.

David said: “We all have weaknesses and Michael’s was that he trusted the wrong people most of the time. He thought people were good, which they are not.

“Michael was in terrible pain and all he cared about was feeling better. He started taking prescription pills to numb the pain and he also started drinking. It was then that his judgement started to become clouded.

“Michael told me he was excited about getting back on stage. But I really believe in my heart of hearts that the pressure of those concerts killed Michael.”

David believes his friend was misled when he agreed to his ‘This Is It’ residency, which was due to begin at London’s O2 arena next month and the stress of such a gruelling schedule was “too tough”.

He added to Britain’s The Sun newspaper: “Michael thought there was going to be 10 dates as announced. But then all of a sudden Thome, with Randy Phillips, president of organisers AEG, had arranged 20, then 30, then 50 dates.

“Michael was being told, ‘You are going to set the world record for concerts at the O2.’

“They knew how to feed into his ego. But when Michael realised his schedule he began to panic. They should have realised doing one concert a day, then one day off, would be tough for any performer, let alone someone who hadn’t been on stage for nine years, it was ridiculous.

“Michael was working his a*s off for eight hours a day to prepare, the schedule didn’t allow him any time to rest. I know for a fact he was rehearsing until 2am the morning before he died.”

http://www.contactmusic.com/news/michael-jackson-trusted-wrong-people_1108046

So Michael was working for eight hours every day to prepare for the extremely tough schedule…

The point about pain after realizing the fraud does not necessarily mean physical pain – it could be the emotional and mental anguish Michael was going through (though with Michael’s lupus you never know what it could be) and the idea of “painkillers and drinking” may have been an exaggeration on Gest’s part, however a serious Michael’s breakdown at that moment cannot be ruled out.

Any of us would have broken down under the enormous shock, stress and despair of facing the need to do the impossible, and seeing the people whom you trusted and connected all your hopes with, betray and take advantage of you the way they did it to him.

The partnership with AEG Live was something Michael Jackson could not break up as he was tied to them by various papers and mostly by the advance of several millions they had given to him. One part of the money went into renting the house – the house was by the way found for Michael Jackson by Tohme Tohme (for a mere $100, 000 a month). Tohme admitted it himself that it was he who got that house for Michael:

Tohme 2“We put a stage in his house in Vegas because before he was practising in the local hotels. He was writing music, working with choreographers. And after we start talking to AEG for the London gigs, I decided Vegas was not the right place for Michael to stay at the time, especially for the children…it is very hot in the summer.

‘LA is where all the action is. I convinced him to move to LA and he took residence at the Bel Air Hotel for three months. Then I rented the house for him. Then we signed the deal with AEG and we went to London – him, his kids, and me – and stayed at the Lanesborough Hotel.’

http://www.dailymail.co.uk/news/article-1197571/Jackson-family-fallout-Exclusive-interview-manager-reveals-rift-funeral.html

The other part of the money advanced by AEG Live to Michael Jackson went into settling the suit with the 2Seas records. Settling it was a condition on which the money was provided to Michael at all.  As a result of all that obligatory spending even if Michael wanted to sever his relations with AEG he could not – there were simply no millions to return.

But his personal manager he could fire. And though he was afraid of this person very much indeed, the shock of finding Tohme working against his interests must have been so big that Michael raised himself to take the drastic step – part with Tohme and rehire Frank Dileo instead.

Let us note that though all these events were raging in the middle of March, no information about Michael’s situation was leaked to the press until two months later in early June. It was then that Michael privately spoke to his fans about the shock of 50 concerts he didn’t want to do, and his anger towards the concert promoter that pushed him into that incredible schedule. But when it first happened in March Michael kept silent about it and would have continued to keep silent if the media had not learned it from Michael’s fans.

But these two months of silence did not mean that all this time Michael was not worried about the situation or was not angry with Tohme and AEG Live. No, he was and very much so, and it is quite probable that his frustration was growing with each new day as he was observing the slow production of the show. Why did they engage him in this mad race if they themselves were so slow?

According to Randy Phillips himself they did not start to implement the show until April and the choice of dancers for it began only in May! In his testimony at Conrad Murray’s trial Randy Phillips said:

Speaking of the concrete date for the crisis with Michael’s tour schedule it must have taken place around March 10-13 and this coincides very well with what Frank told us about the moment when Michael hired him.

It was March too.

7. FRANK DILEO BECOMES MICHAEL’S MANAGER

In his interview of June 2009 with Roy Trakin http://www.hitsdailydouble.com/news/newsPage.cgi?news07696m01 Frank Dileo confirmed every single fact that has just been discussed here.

He said that Michael called him in March, that Tohme had miscalculated the scheduling of the dates and that it was something Michael wanted Frank Dileo to take care of  because Michael did not want to perform more than twice a week. Tohme is so abominable a character that Dileo even refused to discuss him:

An exclusive HITS interview with Frank DiLeo 

July 30, 2009

Dileo: Michael first called me a couple of years ago, after he came back from Bahrain, then was in Ireland and Vegas for a while. We chitchatted, he called again and we started communicating about film projects. There were a couple of scripts we wanted to develop and produce. Then he got involved in this concert deal. He called me in March and said, “Frank, I need someone with a little bit of experience. Would you like to manage me again and take care of all this stuff?” And I said, “Yeah, sure.” By the time I came in, everything was signed. Dr. Thome Thome—who is someone I don’t want to talk about in this interview—had miscalculated the scheduling on the dates, which is something I had to take care of, because Michael didn’t want to perform more than twice a week.

frank dileo-MJ-Bad

Michael and his manager Frank Dileo during the Bad era

Though Frank Dileo was rehired by Michael Jackson to help him with adjusting the schedule, Dileo didn’t really do anything for him – except that three July dates were shifted to March 2010. But it is quite possible that the shift had nothing to do with Dileo’s efforts.

The show was not ready, so they took the July 8th, 10th and 12th dates and shifted them to March next year, appointing July 13th as the new starting date of the tour. AEG Live and Kenny Ortega explained the changes by the need to finish the technical side of the show. The show was indeed far from ready, so there is a very high probability that the shift of three dates to March was none of Frank Dileo’s achievements (though he said it was).

The official and true version of the delay was voiced on May 20, 2009 and may be now seen as a great illustration of how the truth was told but still never believed due to the extreme bias against Jackson:

Michael Jackson’s London Shows Already Delayed

by Josh Grossberg

Wed., May. 20, 2009 12:56 PM PDT

Is the King of Pop already fizzling out?

No doubt to the delight of British bookies who predicted the shows wouldn’t go on, Michael Jackson announced today that he was pushing back the dates for his heavily hyped comeback concerts set for this summer in London.

His 50-show residency at the O2 Arena, dubbed “This Is It,” had been slated to kick off on July 8. The new start date—at least for now—is July 13.

And what exactly is the reason for the delay?

“There’s nothing nefarious,” Randy Phillips, CEO of concert promoter AEG Live, said in a video news conference Wednesday. “There’s nothing going on with his health. This is strictly a production issue.”

AEG claims the “massive and technically complex show,” which will feature special effects, live animals, intricate illusions, stunt work, elaborate costumes and plenty of dancing, is requiring more prep time than originally planned.

“We apologize to all disappointed Michael Jackson fans and remain extremely dedicated and focused on creating an exceptional live music experience,” said the show’s choreographer, Kenny Ortega . “Promoters said anyone who chooses not to attend the rescheduled shows will be entitled to a full refund.”

Ortega says he will use the extra time to work out some new moves for the Moonwalker.

Performances set for July 10-14 will now be rescheduled for next March, likely ticking off those fans who thought they had the coveted seats to Jackson’s first live shows in more than a decade.

Jackson is said to be rehearsing six hours a day in a Los Angeles studio with eight dancers—six men and two women—handpicked from dance companies from around the world.

The 50-year-old entertainer stands to earn upwards of $50 million if he manages to fulfill the entire sold-out residency.

But even if the production gets squared away, there’s a chance Jackson could be derailed before taking the stage. Rival promoter AllGood Entertainment is threatening to sue the performer for breach of contract for refusing to participate in a Jackson family reunion show with the rest of his brothers and sister Janet. According to the terms of that deal, Jackson had allegedly agreed to a noncompete clause barring him from any other live concerts before the family show.

At a top-secret meeting with family members and business associates last week, Jackson said he won’t do the family act. He claims his former manager signed the deal with AllGood without the Gloved One’s permission. AEG Live has called the claims “meritless” and said the London shows will go on.

http://uk.eonline.com/news/124962/michael-jackson-s-london-shows-already-delayed

Michael Jackson postpones London O2 concerts

Joe Bosso May 20, 2009,

The self-proclaimed King Of Pop was originally scheduled to begin his 50-date This Is It run on 8 July. Now that date has been pushed back to 13 July, according to promoters for the shows.

Additionally, shows that had been scheduled for 10, 12 and 14 July have been postponed until March 2010.

Choreographer Kenny Ortega, Jackson’s collaborator, said that the date changes were necessary to give Jackson more time to prepare a “flawless production.”

AEG Live, which is promoting the concerts, said in a statement that it was their “sincere hope that those lucky enough to have purchased tickets will have enough time to change their personal schedules and travel plans if they are coming from outside of London.

“We understand the inconvenience this may have caused and for this reason we have secured some excellent hotel deals for Michael Jackson fans traveling to London on these rescheduled dates.”

This past week, Jackson denied claims that he is battling skin cancer. These postponements will only increase chatter as to the stability of the singer’s health.

Whatever the case, we’ll see what happens on 13 July.This Is It? Maybe. Or maybe it won’t be, you know, ‘It.’

http://www.musicradar.com/news/guitars/michael-jackson-postpones-london-o2-concerts-207530

Here’s the list of affected dates, per AEG Live:
8th July will take place on 13th July 2009
10th July will be moved to 1st March 2010
12th July will be moved to 3rd March 2010
14th July will be moved to 6th March 2010

http://www.rollingstone.com/music/news/michael-jackson-postpones-first-o2-arena-this-is-it-concerts-20090520

These were the most decent of media reports about the May 20th announcement of the delay. It is clear that no one believed the official AEG Live version. Everyone attributed it wholly to Michael’s poor health and some even had their field day mocking at his health and the delay it caused.

Amid reports about Michael’s “cancer” which for some reason evoked much fun and exhilaration, no one paid attention to the fact that at the end of May Michael Jackson was rehearsing six hours a day in a Los Angeles studio together with the hand-picked dancers. The dancers were indeed selected only in May 2009 which was a very late date for such a project.

From the media frenzy accompanying the announcement and the amount of mockery poured on poor Michael we can imagine what a volcano would have erupted if all the dates had been postponed as the earlier news promised it.

No, once the dates were set by AEG and Tohme, nothing could be done about it and this is what Michael must have realized very well – at least at the end of May when he saw the media reaction to what was a very moderate change in the schedule.

So all that information about the ‘dates being subject to change’ was just a pretence covering up for full impossibility of the postponement scenario. And AEG Live knew that as soon as they quickly sold out the tickets in March 2009 there was simply no way back.

From now on the only chance Michael had was to do the shows no matter what as resetting the dates was simply no option.

Would he be able to cope with the ruthless schedule they made for him? This question must have been constantly on Michael’s mind – the one he fell asleep with and woke up to.

As if apologizing for the little or nothing he did for Michael, Frank Dileo explained in his interview with Roy Trakin that “by the time he came, everything was signed”. He could be referring to the AEG Live contract (which was no good either and was only half-signed by Michael) or to the schedule made by Tohme and AEG Live, but the truth of the matter is that irrespective of what he referred to none of those papers were changed.

The 50 number of concerts remained the same and the disgraceful show/day-off/show/day-off pattern set for Michael from the very beginning of it remained there too.

You can compare the initial and resulting schedules yourself and will see no difference between them except for the first three shows shifted to March and even that was done not because of Jackson, but due to the slow production process.

So the most Dileo probably did for Michael was just creating the impression that now there was an old friend beside him and convincing him that what’s done is done and should be fulfilled by all means.

Frank Dileo was either helpless to do anything or unwilling to confront AEG Live, so the explanations he was giving to Roy Trakin should not be regarded as gospel truth. Some facts he mentioned there are perfectly correct as they coincide with everything else we know of the situation, but their interpretation by Dileo is the weakest part of his narration.

Since Frank Dileo achieved no results in the mission Michael Jackson hired him for, he preferred to shift all the blame onto Michael saying that the contract had been ‘read to him three times’ so he was ‘absolutely’ aware of the need to do 50 concerts when he was ‘signing’ for them.

Two signatures attributed to Michael Jackson.

These signatures are attributed to Michael Jackson. The closing phrase of this letter of intent addressed to Tohme says that the definitive agreement is still to be negotiated, so there is no way it could be final even by their own words

Well, firstly, the fact of Michael’s signing anything still remains unproven as at least one of the two signatures looks fake, and secondly, this is the kind of a contract the full meaning of which cannot be grasped if you hear it only.

Hearing this paper can bring all of us, including Michael Jackson, absolutely nowhere as is structured in a way that unless you know what each definition in the Appendix means you won’t be able to understand the Contract itself. The Contract is a sort of an encoded message with keys to the decoding process kept in the Appendixes. This means that to be able to understand at least a bit of it you need to place all the papers side by side, compare them with each other and look into each letter of them with a magnifying glass.

And the third point crucial about that contract is that even after studying it with a magnifying glass you won’t be able to find any 50 concerts there. So when Frank Dileo’s says that Michael knew of them he is simply covering up his back – there is no mention of 50 concerts in the contract:

Roy Trakin: Was Michael aware that he was signing for up to 50 individual shows?
Dileo: Absolutely. I read the contract. I know what the minimum amount of dates were, as well as the maximum number of dates. That contract was read to Michael by three different lawyers, as well as Dr. Thome. He wanted to beat Prince’s record and be in the Guinness Book of World Records. He was the one who picked the number 50. There were enough ticket sales to do 85 shows, but he was zeroed in on 50. That’s what he wanted and that’s what happened. Dr. Thome had him doing three or four shows a week, though. I was adjusting and moving dates to try to make it more palatable for Michael to do.

Let us not fall for Dileo’s bragging about adjusting the dates (he didn’t adjust any), but at the same time let us not overlook the reason he is naming for the problem itself – and this reason is Tohme who initially “had Michael doing three or four shows a week”. 

And “doing three or four shows a week” is exactly the show/day-off/show/day-off schedule. So it was Tohme who arranged it for Michael Jackson and for AEG Live who readily accepted it or asked for it in the first place.

As if trying to explain his helplessness in dealing with AEG Live Frank Dileo then talked about his health. And his health was indeed far from good. Five years prior to the events, due to diabetic condition he had fully lost sight in one of his eyes and 80% of it in the other eye. The problem was diagnosed only two years later (2006) and then he underwent 6 operations. So by the time he was dealing with Michael’s contract his eyesight was so bad that he  even ‘could not see well in the light’ and was able to read the text only if he moved his head in order to make out its letters.

How could a man like that grasp what the AEG contract was all about? No doubt that he gave it a perfunctory look only, especially since he was convinced that it was a signed paper and he himself was not ready to challenge AEG Live in any way:

Dileo: “In 2004 I lost my eyesight, and it’s taken six operations to enable me to see. I still have limited vision. It was a diabetic condition that separated the retina. I lost complete sight in one eye and 80% in the other eye. It took two years for them to figure that out. There’s a lot of scar tissue still, and I don’t see well in light. I have to wear dark glasses all the time. I have to move my head to see certain letters because I have a permanent “V” in my vision.”

Frank Dileo says that with his coming Michael felt much more secure and was beginning to see the light at the end of the tunnel. He regained some of his confidence and was regularly training with his instructor Lou Ferrigno. We also learn that after the workout with his trainer Michael also danced for three hours every day.

Please remember that the May 20th articles said that Michael was training for 6 hours every day. The difference in the number of hours is not important – it could be variable and also depended on whether the workout with Lou Ferrigno was included or not.

What is important is that in May 2009 Michael was working, rehearsing and contributing his whole self to the show.

From Frank Dileo’s interview it also becomes clear that Michael reconciled himself to the impossibility to change anything about those 50 concerts and was working hard to build up his stamina in order to cope with the impossible schedule. And at some moment he reached the point when he realized that he could do it and this confidence of his was confirmed by at least three people – Frank Dileo, Lou Ferrigno and Randy Phillips himself (when Michael hugged him and said “Now I know I can do it”).

Here is an excerpt from Dileo’s interview where he speaks about the same:

Roy Trakin: You sat in on most of the rehearsals.
Dileio: Every single one. He was in good condition. He was working out with Lou Ferrigno. He was dancing over three hours every day after his workout. He was prepared. A lot of times he would watch and direct. These are songs he’s sung his whole life. He didn’t have to go full out every day. The last couple of weeks, he stepped it up. On the night before he died, when he came down after doing 10 or 11 songs, Kenny Ortega was at the bottom of the stairs, we all hugged and Michael put his arm around us and we around him, to walk him to his dressing room. And he said, “Frank, I’m ready. I’m doing all 50 shows. Don’t even think that I’m not.” We talked about possibly doing stadiums after the 50. He said, “Frank, I’ve never been happier. Since you’ve been back, things are going well. I can see the light at the end of the tunnel. We did it once. This is our time to do it again.” And that was the last time I saw him alive.

Roy Trakin: You’re telling me this is a very confident guy, ready to take on this challenge.
Dileo: He knew he was 50 and that the other dancers were young. He built his stamina up to the point where he knew he could do it. Michael’s a competitive guy. I don’t care whether you’re five years old or 40, you’re not going to out-dance Michael Jackson. He’s gonna put it to you sooner or later. And he worked himself up to that.

8. LAST POINT

Here is the last point of the interview and of this post too:

Roy Trakin: Where does that [Michael’s death] leave you at this point?
Dileo: There are a few things that have to get cleared up. I have to make sure the estate understands some of the things that I know. I’ve been appointed to the board of Sony/ATV Music Publishing. So I have a role to play there. Michael wrote the letter getting me appointed. After they removed Dr. Tohme, they added myself and Joel Katz.

Now this is complete news to me.  So Tohme managed to reach the board of Sony/ATV Music Publishing at the time he was running Michael’s business? How very interesting.

And it is getting even more interesting in the light of Tohme and AEG’s plans for Michael Jackson – Tohme was playing with the idea of restructuring Michael’s business and even voiced it on a couple of occasions, and AEG’s contract had all assets of MJ’s company as collateral for the advances given to him.

It is true that those assets did not include the Sony/ATV catalog yet, but all the potential to acquire it was there, as in case the bankruptcy procedure was triggered off all Michael’s assets would become extremely vulnerable and accessible to the creditor. The only thing AEG Live had to do for starting the process was finding fault with Michael Jackson for at least something and ‘pulling the plug’ at this pretext. In this case Michael was supposed to immediately repay all the advances and since he was unable to do it, his bankruptcy was becoming a reality, turning his catalog acquisition by AEG Live into a reality too.

In fact AEG Live even threatened him to pull the plug if he didn’t attend every rehearsal. It doesn’t matter that their contract had no obligation for Michael Jackson to do it – they still said that it had, and therefore could realize their threat to pull the plug at any moment.

This was the reason why Michael Jackson was so eager to attend the rehearsal before his death on June 26th. This was the reason why all the stress accompanying the situation didn’t allow Michael to fall asleep that or other nights. If he had missed that damned rehearsal they could have stamped him out with their boot and that would have been the end of him.

However this is a projection only. The fact we know for sure now is that Tohme managed to go as far as the board of Sony/ATV Music Publishing. On the other hand Tohme was linked to AEG Live as even officially, according to their own contract with Michael Jackson, Tohme was on the payroll of AEG Live. This was the real reason why he did not leave the scene of the crime even after he was fired by Michael (in fact he was never even hired by him – Tohme said he was just helping him as a ‘friend’). Tohme could not leave the project as he was actually working for the other side and remained in it as AEG Live’s representative.

Now that we find Tohme on the board of Sony/ATV Music Publishing the catalog acquisition scenario does not look like science fiction any more. This scenario was something AEG propagandists here called a totally impossible one – however nothing is impossible under the sun and finding Tohme so close to the cherished Michael’s catalog is just another proof of it.

Fortunately at least in March 2009 Michael Jackson realized that Tohme was absolutely not the right person to be on the ATV Music Publishing board and took him away from it.  I am not sure that it made Tohme and those around him happy.

However Michael still had to cope with the mad marathon they imposed on him.

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Related post:


Filed under: AEG THE HORRIBLE Tagged: AEG, AEG Live, Frank Dileo, Michael Jackson, Tohme Tohme

Michael Jackson and Jack Wishna in 2007

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Now that I’ve reestablished my connection with the blog I have to be quick as I can lose touch with it any minute, so I will post shorter pieces just as they come. My notes will not be connected with Katherine’s suit – at least not at the moment. The suit was narrowed down to so little that now it is a purely technical matter limited by highly artificial boundaries. The same thing happened at Conrad Murray’s trial when not a single question was asked about AEG Live and no one was allowed to see the fuller picture. 

In my opinion the truth of what happened with Michael Jackson is much more complex and goes far beyond the boundaries of Katherine’s suit. That is why I am now trying to recreate a broader picture of Michael’s life for the last couple of years prior to this death.  And while doing it I am trying to find answers to questions which really baffle me. 

The first baffling question is the discrepancy between what the AEG people said and thought about Michael’s health. The fact that they presented to the world a glorious picture of Michael’s condition does not surprise me a bit – they wanted to sell him and would have said anything to anyone. But what amazed me was that despite their doubts in his health, voiced in those leaked emails, they still booked him for 50 concerts. If they thought him to be so poor a case why did they set those 50 concerts then? Why bother with all this mess if you have to return the tickets anyway?

Let me also note that the autopsy report showed Michael to be an exceptionally healthy man for an average 50 year old, so whatever AEG said in their emails will remain the matter of their conscience – if they have it of course.

Another question was why their production process was so slow – the dancers were enrolled very late, less than two months before the premiere (May 19th was the final day they were selected) and this was inexcusably late for what was supposed to be the show of the century.

Another thing that also worried me was why they shortened the rehearsal period by three whole weeks if they started so late and were so terribly pressed for time? I am talking of July 26 set in the contract as the date of starting the tour and the July 8th date they actually announced.

These questions may look unimportant to you but they were not fitting into the picture and required an answer. This series of posts (if I manage to make them of course) will be an attempt to answer these questions.  But first we need to make a sort of a summary of some events prior to that.

Sorry for not answering your expectations but I am going back much further than you expected  - to the time of Michael’s arrival in the US. I still need to tell you about one man in Michael’s surrounding.

MICHAEL COMES BACK TO THE US

Michael was brought back to the US by Jack Wishna, a Las Vegas dealmaker. He wanted to create and run a permanent Las Vegas show for Michael Jackson as well as a Rock City Club project where Michael was supposed to perform only three times a month –  the rest of the time was to be given to new artists whom Michael was going to present:

Jul. 10, 2009

The idea that they danced around from mid-2006 to mid-2007, and again earlier this year [2009], was to have Jackson in residence at a Las Vegas hotel, where he’d star in a concert spectacular called Michael Jackson Presents that would also feature guest appearances by the latest R&B hitmakers.

Wishna was suggesting the idea to Michael even at the beginning of 2009, but Michael evidently did not agree as he was getting ready for the AEG project. But in December 2006 when Michael was returning to the US  from Ireland he very much excited about this and other projects Wishna had for him.  

Michael, the children and nanny arrived from Ireland by a private plane on December 23d, 2006. At the airport they were met by Wishna and his wife Donna who took them to the house Jack rented for Michael for a year at the price of $1mln. The Wishnas had a great Christmas tree set up in Michael’s house with presents for him and the children. 

The price of the annual rent for the Vegas house is probably the only thing I don’t like about Wishna – it looks to me too speculative. It also created for Michael a certain idea of the level of prices for renting houses in the US, and this is probably why Tohme’s offer of $100,000 a month ($1,2mln a year) for a house in Los Angeles did not surprise Michael very much though I hear that it is also unreasonably high.  

When Michael arrived he was full of energy and produced on Wishna the impression of stepping direct from the Bad era. He was in great spirits, but gradually his old anxiety came back. The media and public kept painting Michael a criminal despite his full acquittal in 2005, and greeted him with the usual hate and mockery which he surely didn’t expect after the comfort he enjoyed in Ireland. 

In Wishna’s view it was also Jackson’s father Joe and some other members of the family who greatly contributed to the stress at the time. They were evidently dogging him with money problems which Michael could not help anyway as he was in the financial straits himself. The family would later say that they were going to stage some “interventions” though why they would intend to stage them is unclear – the people who met Michael at the time did not say anything about him taking any drugs. Jack Wishna did not see any drugs either:

And although Jackson’s use of prescription drugs became big news after his death, Wishna said he never saw any of that kind of stuff around.

“Never saw any drugs,” Wishna said. “Never saw any intravenous, or needles or anything like that. Never met any doctors around Michael.”

http://www.accesshollywood.com/jackson-confidant-jack-wishna-opens-up-about-michael-and-the-tour-that-never-was_article_27503

It could be only due to the pressure from the outside that Michael sought utter seclusion for himself. He and his children rarely left the mansion. Tohme who for the first time met Michael in Las Vegas in 2008 said that Michael was retreating from everybody but was still practising and writing music (if you remember he was working on the Irish album at the time): 

‘When I first met him in Las Vegas, he was out of touch. Michael was secluded and retreating from everybody. It was just him and his kids. He used to use the wheelchair. I said, let’s get rid of this. You have to realise that you had to baby Michael Jackson. I wanted people to see him as a healthy human being.

‘But he was working. We put a stage in his house in Vegas because before he was practising in the local hotels. He was writing music, working with choreographers.

http://www.dailymail.co.uk/news/article-1197571/Jackson-family-fallout-Exclusive-interview-manager-reveals-rift-funeral.html

In my opinion Michael was simply afraid of people. What he saw and heard around himself did not encourage him to think that he would get a welcome response if he went on stage. An artist must know that he is loved and appreciated by his audience, and when everyone around calls you a freak and a child molester despite your full acquittal it does not contribute to building your confidence – and confidence is what he needed most for the resumption of his career after a long and hard break. 

Let me tell you of the feeling prevailing in the US on the eve of Michael’s arrival from Ireland – here are some typical comments taken from an article about his stay in Ireland. From his high spirits upon arrival in Las Vegas we can imagine that he had not read any of this before starting on his journey: 

  • He’s way too creepy for the States..
  • So no he’s targeting drunken Irish children, I guess he figures he’ll get lucky
  • No way can he ruin that beautiful country-kick his ass out Ireland……
  • Leave Ireland alone, you freak!!
  • To the people of Ireland: Tell your young male children to hide their “Blarney stones”
  • I can’t wait till he dies.

 At some point of his life in Las Vegas Michael was seen in a wheelchair which could easily be a case of a lupus flair that erupted due to all this stress. Though people mocked at his behavior as ‘antics’ I doubt very much that a wheelchair was actually Michael’s voluntary choice. What it surely created was much negative publicity and it was due to this publicity and Michael’s quickly worsening state that Jack Wishna dropped his initial plans and suggested to Michael other projects which would not involve the necessity for him to perform. 

One of them was the Cirque du Soleil project.

Yes, now we find out that this project was Jack Wishna’s idea, only at that time it was supposed to be an anthem of the Beatles. Preliminary meetings with the Cirque du Soleil management did take place, but the plans were never realized as at this point Wishna said that Michael was “wooed” by AEG Live.

“Woo” means “to seek the affection of with intent to romance, to tempt or invite, entreat, solicit, or importune”, and after seeing this type of courtship Wishna had to step aside.

 Later Wishna went on with the other projects he had for Michael – the site RockCityClub which he regarded as a new way to discover talent and create rock stars:

…But the tide quickly turned. When Jackson was wooed by entertainment giant AEG Live, Wishna moved to his next big plan: develop a global social media website, RockCityClub.com, for musicians and their fans.

http://www.lvrj.com/news/wishna-embraced-the-art-of-the-deal-181337711.html

One Rolling stone article presenting only AEG’s side of the story claims that Jack Wishna saw Michael “drugged up”. However there is no proof to confirm this statement. As you know Jack Wishna always said exactly the opposite – he never saw Michael take any drugs and he never met any doctors around Michael:

And although Jackson’s use of prescription drugs became big news after his death, Wishna said he never saw any of that kind of stuff around. “Never saw any drugs,” Wishna said. “Never saw any intravenous, or needles or anything like that. Never met any doctors around Michael.”

http://www.accesshollywood.com/jackson-confidant-jack-wishna-opens-up-about-michael-and-the-tour-that-never-was_article_27503

When asked whether he could have obtained drugs Wishna agreed that he could, but suppositions what someone “could have done but didn’t do ” are not the point and it is only the fact that he never saw any drugs that really matters:

“Wishna said he never saw Jackson using drugs, but that he wouldn’t have had any trouble obtaining whatever he wanted—oftentimes from people who didn’t have his best interests at heart.”

http://boards.library.trutv.com/showthread.php?293796-Michael-Jackson-is-gone/page6

Among many other things in this video Jack Wishna is speaking about never seeing Michael take drugs:

Jessie Jackson also saw Michael in the summer of 2007 but noticed no signs of any drug use, and as to Frank Cascio’s family where Michael stayed for about two months since August 19th until October 2007 no one saw any sign of medicine taken,  though Frank was specially on the look out for it:

“He was alive and excited, getting back into being creative and free. He and Eddie were working in the studio during the day, and he was playing with an idea for an animated cartoon he hoped to produce. He was happy to be around my family, with whom he could be himself. There was no sign that he was on any sort of medicine. He was back to being Michael.” http://vindicatemj.wordpress.com/2012/12/11/the-documented-evidence-of-michael-jacksons-last-album/

Well, even Tohme who met Michael in Las Vegas in 2008 said that Michael never took drugs:

“He said the star kept himself and his children on a healthy diet, never ate red meat, didn’t drink and, as far as he knew, never took drugs”   http://www.today.com/id/31740617#.UUFxuBeeNEI

AEG will surely argue in court that Michael’s poor health was the result of him “taking drugs” (as if drugs may be the only reason for the deterioration of people’s health and there are no natural reasons for it), so the evidence from all these people should never be forgotten by us. 

I am more than sure that considering all Michael’s stresses his case was that of “the nerves” and the nerves can trigger almost every disease including lupus.

Besides never saying any fictional things about “drugs” another important Jack Wishna’s difference was that given Michael’s state of health he said and proved it by his deeds that he would have never booked Michael for 50 concerts and at that terrible regimen too. In Wishna’s opinion it was unrealistic even for a fit and young man not top mention a 50 year old like Michael. 

The media did not elaborate on his idea but from the little Wishna said we can conclude that he was amazed by how Michael was treated by his new AEG partners. He was a businessman but valued Michael still more than his own profit or success, and even took care of his partner’s well-being by adjusting his plans according to Michael’s state:

Jul. 10, 2009

But though concert promoter AEG Live said that Jackson passed a physical with flying colors earlier this year, Wishna maintains that the 50-year-old artist had been in a “weakened state” and wasn’t able to do three shows a month in 2007, much less maintain a more rigorous schedule now.

“He would get hurt if he had to do a regimen of performances,” Wishna said. “You really have to be fit to go up on stage to do that.”

So, earlier this year, he and Jackson instead discussed creating a show in the guise of LOVE, Cirque du Soleil’s ode to the Beatles, that the King of Pop would not actually be in.

But then, Wishna said, he found out Jackson had hooked up with AEG for his London engagement.

“He said it should be fine,” Wishna recalled. “In my heart I knew he didn’t get better from the time I was with him. He was thin and weak. It’s going to be a disaster. I would never put him into a show that way. I don’t know who the doctor is that certified him for it. I didn’t think [Jackson] was capable of doing it.”

http://uk.eonline.com/news/133691/it-s-going-to-be-a-disaster-associate-says-jackson-was-too-weak-for-major-comeback

The next point from the same article habitually speaks of some “enablers” catering to every Michael’s need, though it is absolutely clear from the context of it that Wishna is talking here about Michael’s business and  the fact that Michael does not know his deals, and it is most probably Tohme who he is referring to:

“There were so many people around him that were enablers,” the exec said. It was one thing after another that just made it very bizarre.”

“Michael has a lot of people around him that cut deals and sometimes Michael doesn’t even know what those deals are,” he added. 

The same article clarifies one more thing for us and it is Michael’s attitude to Neverland and total impossibility for him to live there.  Jack Wishna says that Michael never wanted to set foot on Neverland again:

..”In Ireland, when I spoke to Michael, I said, ‘Come back and go back to Neverland.’” And Jackson said, “I never, never, never want to go back to Neverland. Never.”

“My thought is if someone buries him in Neverland he will come up out of the ground like inThriller and strangle them,” Wishna said, referring to rumors that Jackson’s family is still considering a bid to inter Jackson on the grounds of his once-beloved ranch. 

“I tried to get rid of Neverland for him. He would never set foot back on Neverland. He never wanted to go there, never wanted to sleep there— never, never.”

http://uk.eonline.com/news/133691/it-s-going-to-be-a-disaster-associate-says-jackson-was-too-weak-for-major-comeback

The above is very much different from what Tohme wanted for Neverland:

“He said he is disappointed that Jackson won’t be buried at Neverland but hopes that may change: “He deserves to be buried in the wonderful world he created.” In Jackson’s final months, Tohme said they talked about his wish to create “a special place 10 times bigger than Graceland” where fans could come to see Jackson’s memorabilia and awards. Jackson even talked about creating a veritable city for children.  http://www.today.com/id/31740617#.UUFxuBeeNEI

By arguing that Michael should be buried in Neverland Tohme was simply arranging for his friend Tom Barrack another of those profitable deals. Apparently he and Colony Capital wanted to turn Neverland into a goldmine and circus that would draw millions of fans from the whole world to Michael’s grave which was to be put somewhere in between the Ferris Wheel and other Neverland attractions. It was a totally correct decision on Katherine Jackson’s part not to allow this circus to take place. 

Jack Wishna regretted very much that he had convinced Michael to come back to the US and said that if he had not brought him from Ireland Michael would still be alive:

“In the interview broadcast on ABC News last evening, Jack Wishna stated: “I will forever feel haunted by the thought that if I did not help convince Jackson to leave Ireland and return to America, would Jackson be alive today.

“Over the years I always thought that maybe if I didn’t move Michael from Ireland back to America, back to Las Vegas, that maybe Michael would be alive today,” says entertainment power broker Jack Wishna, president of Rockrena, Inc.

http://www.ktnv.com/news/local/133419218.html

That is absolutely true – if Michael had stayed in Ireland he would be alive today. But I can take this idea further and add that if Michael had stayed in his business with Wishna he would surely be alive now too.

Don’t know about his finances though, probably not that bad either, but as to his health he would be perfectly okay – this I have no doubts about.

Wishna’s own life ended in November last year. He was 54 when he was found sitting in his Bentley in a garage dead from “carbon monoxide intoxication”. The police ruled it to be a suicide. For his friends his death became a big surprise though some said he looked somewhat depressed prior to that.

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The above will hopefully fill in the gap between Michael’s stay in Ireland and his meeting Tohme and eventual move to Los Angeles.


Filed under: REAL FRIENDS To Michael Jackson, The SOCIETY

The story of MICHAEL JACKSON, TOHME, TOM BARRACK and AEG LIVE. Part 2

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Despite the incredible technical difficulties in writing in my own blog I am still trying to make an outline of the events preceding Michael’s death – just to understand who the main players are.

HOW IT STARTED

The media said that by November 2008 Randy Phillips had been chasing Michael for two years already. It might be a slight exaggeration as exactly two years before that Michael was still in Ireland, but in December 2006 he did indeed return to the US, and AEG evidently appeared on Michael’s horizon almost immediately:

March 4 2009

In late November Randy Phillips, President and CEO of AEG Live, said that the company — which books and runs the O2 — has been chasing Jackson for two years looking for a multi-night engagement. Though no deal was signed at the time, Phillips said AEG has had a “standing offer” to Jackson since 2006 to re-create his landmark Thriller album in its entirety at the O2 but had struggled to nail down a firm deal with the elusive singer.

http://www.mtv.com/news/articles/1606272/michael-jackson-expected-announce-london-concerts.jhtml

However in 2007 Randy Phillips found Michael disinterested in their offer. Their first offer was a world tour, then it changed into a tour of several cities and then into a Las Vegas type residency tour.  But Michael was working with another concert promoter (Jack Wishna) and turned AEG down. Phillips’ then verdict was that Michael was “not ready”:

Phillips had his eye on Jackson for some time. In 2007, Phillips had approached the singer with a deal for a comeback, but Jackson, who was working with different advisors, turned him down. “He wasn’t ready,” Phillips recalled.

http://articles.latimes.com/2009/may/31/entertainment/et-michael-jackson31/2 

Michael Jackson in Los Angeles

In spite of what people said about Michael’s frail condition we cannot be sure that Michael was indeed ill at the time. Mentally and emotionally he was under a very heavy strain, and this did take a toll on his health. In the quiet of his beautiful mansion rented for him by Jack Wishna he could function as a family man, and could work on his music and practice dancing, but for facing an audience he needed at least some encouragement and goodwill from the general public. This was the essential component for his rejuvenation and would have worked miracles on him as the example of Ireland showed it.

However all of it was missing. What was present instead was open public hostility and ridicule which rid Michael of the last shreds of confidence in himself. 

Randy Phillips described Michael as a non-confident man. Like all of us he must have also seen the newspaper reports of Michael in a wheelchair and thought him to be in a very frail condition and not fit to perform. This was how he regarded him two years prior to their future agreement, and this is an important point for us to remember. 

When by the end of 2007 Michael’s financial situation aggravated and the problems with Neverland’s foreclosure became an urgency, Jermaine Jackson (and probably Janet Jackson living in Las Vegas at the time) brought in Tohme Tohme into Michael’s life with a request to help him save Neverland.

TOHME MEETS MICHAEL JACKSON

According to Tohme he met Michael in Las Vegas in 2008.

Tohme had previously worked with Colony Capital. He was absolutely not the only option for Michael Jackson at the time – besides Jack Wisha and his promising long-term deals in Las Vegas as well as occasional lucrative offers like the one from concert promoters like AllGoodEntertainment, Michael had a friend and advisor billionaire Ron Burkle who was also consulting him and offering him his own recipes of financial restructuring. However Tohme somehow managed to get the upper hand over the other possibilities:

Jackson‘s brother Jermaine enlisted the help of Dr. Tohme Tohme, an orthopedic surgeon-turned-businessman who had previously worked with Colony Capital. Tohme reached out to Barrack, who said he was initially reluctant to get involved because Jackson had already sought advice from Barrack’s friend and fellow billionaire Ron Burkle.  “I said, ‘My god, if Ron can’t figure it out, I can’t figure it out,’ ” Barrack said.

http://articles.latimes.com/2009/may/31/entertainment/et-michael-jackson31

From the Estate court documents now filed against Tohme we learn that Tohme began working for Michael in January 2008, so this must have been immediately after meeting him in Vegas.  The picture of Michael painted by Tohme is that of a man living in seclusion but nevertheless practicing, dancing and working on his music:

‘When I first met him in Las Vegas, he was out of touch. Michael was secluded and retreating from everybody. It was just him and his kids. He used to use the wheelchair. I said, let’s get rid of this. You have to realise that you had to baby Michael Jackson. I wanted people to see him as a healthy human being.

 

‘But he was working. We put a stage in his house in Vegas because before he was practicing in the local hotels. He was writing music, working with choreographers. And after we start talking to AEG for the London gigs, I decided Vegas was not the right place for Michael to stay at the time, especially for the children…it is very hot in the summer.

‘LA is where all the action is. I convinced him to move to LA and he took residence at the Bel Air Hotel for three months. Then I rented the house for him. Then we signed the deal with AEG and we went to London – him, his kids, and me – and stayed at the Lanesborough Hotel.’  

http://www.dailymail.co.uk/news/article-1197571/Jackson-family-fallout-Exclusive-interview-manager-reveals-rift-funeral.html

Tohme said he talked with Michael Jackson for hours on the telephone and finally persuaded him to move to Los Angeles where “all the action is” (Tom Barrack and AEG are indeed there). 

For three months after coming to Los Angeles Michael lived in the Bel Air Hotel and at around Christmas time he took residence in the mansion in Carolwood drive which was rented for him by Tohme for a mere $1,2mln a year. The chronology suggests that Michael moved to Los Angeles sometime in September 2008.

….after speaking with Tohme for “hours each day … on the telephone and in person,” Jackson agreed in fall 2008 to move back to Los Angeles. He took up residence in the luxurious Hotel Bel-Air, nestled in the hills above Sunset Boulevard.

In court filings, Tohme says he worked with the star on a months-long search for a rental property, culminating in the choice of the Holmby Hills residence where Jackson subsequently died.

 http://www.hollywoodreporter.com/news/michael-jackson-manager-tohme-lawsuit-351241?page=3&google_editors_picks=true

In August 2008,  possibly prior to his move to Los Angeles, Michael signed two General Powers of Attorney for Tohme. The documents invested Tohme with huge powers – now he was Michael’s fully authorized representative, so when Tohme later said that “everything was going through him” he was telling the truth (unfortunately).

But already the next month after investing Tohme with these powers Michael was regretting it very much indeed. On September 23 he spoke to June Gatlin and she gathered from that conversation that Michael was deathly, deathly afraid of his own manager. Within a month or so of seeing Tohme doing his business he already realized that Tohme was bringing in a division between him and his representatives and had cut him off all his advisors so that he could no longer speak to anyone at all: 

Tohme - a divide between me and my representativesMJ: …There’s a divide between me and my representatives and I don’t talk to my lawyer, my accountant. I talk to him and he talks to them.

June: That’s not good.

MJ: I know it’s not good. I don’t like it. I wanna get somebody in there with him that I know and trust. … I don’t know what’s in my accounts. I don’t know.

NBC’s Jeff Rossen: How much control did Tohme Tohme have over Michael Jackson’s finances?

Frank Dileo: He had pretty much complete control.

JR: In what way?

FD: He had checking accounts, he was having money put into the accounts, he was signing checks.

JR: He was signing checks for Michael Jackson?

FD: Yeah, yeah…

JR: And Michael allowed him that?

Tohme - I don't know what's in my accountsFD: He gave him the power of attorney to do it.

The NBC correspondent said that Michael’s friends and business associates were sure that Tohme was abusing his power – both financially and emotionally, cutting Michael from his friends and even from his own family. Jeff Rossen talked to Dileo and Gatlin about it:

Jeff Rossen: Did Michael Jackson trust the wrong people?

Frank Dileo: A lot of times in his life he did.

JR: What did Michael tell you?

FD: He said he is trying to say who I can see and where I can see and I don’t like it.

June Gatlin: He’d taken over Michael’s complete life. He’d taken over. Michael was deathly afraid of him. Deathly afraid.

JR: What was he afraid of?

June: He was afraid of who this man is, afraid of whatever this man may or be capable of doing.

     Voiceover: “Court papers reveal that Tohme was accused of everything from Fraud to making threats.” 

Tohme in a wrongful deathThe General power of attorney was indeed vesting Tohme with many rights, however it did not allow him to sever ties between Michael and his other partners. It gave Tohme the right to act on the part of Michael Jackson, but did not allow him to hide information from him and cut him off from his business.

These powers of attorney were not turning Michael into Tohme’s prisoner and in case Tohme took wrong decisions Michael could exercise his right to revoke the papers – which he finally did in April 2009. 

However when in September 2008 Michael was speaking to June Gatlin he didn’t revoke Tohme’s powers of attorney primarily because he didn’t know what  Tohme was doing behind his back. To learn it he needed to talk to someone else he trusted but all these people were cut off from Michael, which is the reason why Tohme was doing it in the first place.

What we know of Tohme now was not known to Michael then, and though he was deeply apprehensive of Tohme, he was also involved with Tohme in his business over Neverland for which Tohme had been brought in at all, and this process was too late to stop. 

TOM BARRACK AND HIS COLONY CAPITAL

All Tohme’s help as regards Neverland was limited to contacting Michael with Tom Barrack of Colony Capital. From the media we learn that Barrack met Michael as early as 2008 when Michael was still in Las Vegas and was living in a “fifties stucco rental house in Palomino Lane” which is supposed to convey to us that it was a far cry from the grand house rented for him by Wishna in which Michael had lived until the end of 2007. 

The article in the LA Times written on May 31, 2009 or three weeks before Michael Jackson’s death is describing Tom Barrack in glorious colors as if he were a kind of a ‘savior’ of Michael Jackson. Their story sounds like a  complete fairy tale for Michael:

May 31, 2009

Tom Barrack, a Westside financier who made billions buying and selling distressed properties, flew to Las Vegas in March 2008 to check out a troubled asset. But his target was not a struggling hotel chain or failed bank.

It was Michael Jackson. The world’s bestselling male pop artist was hunkered down with his three children in a dumpy housing compound in an older section of town. At 49, he was awash in nearly $400 million of debt and so frail that he greeted visitors in a wheelchair. The rich international friends who offered him refuge after his 2005 acquittal on molestation charges had fallen away. His Santa Barbara ranch, Neverland, was about to be sold at public auction.

In Jackson, Barrack saw the sort of undervalued asset his private equity firm, Colony Capital, had succeeded with in the past. He wrote a check to save the ranch and placed a call to a friend, conservative business magnate Philip Anschutz, whose holdings include the concert production firm AEG Live.

Fifteen months later, Jackson is living in a Bel-Air mansion and rehearsing for a series of 50 sold-out shows in London’s O2 Arena. The intervention of two billionaires with more experience in the boardroom than the recording studio seems on course to accomplish what a parade of others over the last dozen years could not: getting Jackson back onstage.

http://articles.latimes.com/2009/may/31/entertainment/et-michael-jackson31

In fact Barrack describes the scene of meeting Michael with rare cynicism. According to his own words he got interested in the deal only when the Sony/ATV catalog was placed on the table in front of him: 

Barrack’s turn into entertainment investing began with a visit to Michael Jackson’s home in Las Vegas in 2008. Barrack had received a call from Tohme Tohme, a fellow Lebanese-American who had become Jackson’s business manager.

Jackson hadn’t released a new album or done a world tour in years, but he had three significant assets: the Neverland property, the MiJac catalogue of his own music, and the enormous Sony/ATV catalogue, which included, among other songs, most of the Beatles’ oeuvre. Jackson was facing a crisis, Tohme said. The holder of $270 million in loans to Jackson was foreclosing on Neverland and planned to sell it in five days. Would Barrack meet with Jackson? “It’s so not Tom’s thing,” Lowe says. “Getting roped into spending half an hour with Michael Jackson in some weird house is just not on his agenda.”

Somewhat grudgingly, Barrack arrived at Jackson’s fifties stucco rental on Palomino Lane. “Not one blade of grass,” Barrack says. “The house was old and musty.” The 1,000-plus-page Sony/ATV catalogue was on the table between them, and Barrack was quickly won over. “For sure, the guy is an absolute genius,” Barrack says. “He was remembering not just songs but every performance, every date, every script.” When it came to business matters, though, Jackson was lost. He knew only that if Neverland was foreclosed on as scheduled, it would trigger a cascade of financial devastation. For the past decade, he had repeatedly staved off financial reckoning by borrowing. Now he was out of options.

As a rule, Barrack is drawn to distressed situations. One of his rules for success.  http://nymag.com/news/business/69782/index2.html

So this is when Tom Barrack got interested. He was heading for another success story for himself.

TOM BARRACK SETS CONDITIONS

From the LA Times article I get the impression that during their talk in Las Vegas in March 2008 Tom Barrack practically set a condition to Michael Jackson that he would buy the foreclosure note on Neverland only if Michael had a new “caretaker”. 

If he was talking about a person it was surely Tohme Tohme who as a result of this change in status was turning from a mere one-time intermediary between Michael and Colony Capital into Michael’s manager and “caretaker” invested with huge powers.  

But since Barrack also mentioned a ‘podium’ he could also be talking of AEG Live whose boss Phil Anschutz was his personal friend and whose company Tom Barrack was imposing on Michael as a condition on which he would buy the foreclosure note on Neverland.

Tohme - he said to the auctioneers there would be bloodshed

Tohme threatened the auctioneers that ‘there will be bloodshed”

Most probably it was due to those two conditions set by Barrack that the two entities – Tohme and AEG Live – were firmly placed into Michael’s life. Michael was given a choice to either go into business with these people or Barrack was not going to “save” Neverland.

 The condition of having Tohme as Michael’s caretaker surely explains why in September 2008 Michael could not rid himself of this man though he was mortally afraid of him and already realized that associating with him further bore him no good. In September 2008 Neverland was not yet “saved” and Tohme as a necessary link and condition for it to happen had to stay.

Either the LA Times correspondent got things mixed up or the timing provided by Barrack was intentionally wrong, but in that article Barrack says that his decisive meeting with Michael was around the time of the auction of Jackson’s home possessions. This is absolutely wrong as the auction was to be arranged in March 2009 while we are still in the year 2008 – even before the Colony Capital bought the foreclosure note on Neverland:

…he [Tom Barrack] was drawn to the deal. He owns a ranch five miles from Neverland, and his sons were among local children Jackson invited over for field days at the ranch.

With the auction of Jackson’s home and possessions just days away, Barrack made the singer a proposition.

“I sat down with him and said, ‘Look . . . we can buy the note and restructure your financial empire,’ ” Barrack said. But, he told him, “what you need is a new caretaker. A new podium. A new engine.”

Tohme, who acted as Jackson’s manager until recently, recalled the urgency of the situation. “If he didn’t move fast, he would have lost the ranch,” Tohme said. “That would have been humiliating for Michael.”

http://articles.latimes.com/2009/may/31/entertainment/et-michael-jackson31/2

To obtain Michael’s agreement to his suggestions Barrack portrayed to him all the horrors of his financial situation saying that he was heading for a disaster unless he went to work (with AEG).  My opinion is that much more lucrative deals could have been made with Jack Wishna and even AllGoodEntertainment, however the attraction of the Colony Capital/Tohme/AEG’s project was that it came as a package of settling the matter with Neverland, restructuring Michael’s finances and making a resident tour of shows in London on a short-term basis.

The difference from Jack Wishna’s project was that once a special Michael Jackson casino was launched it had to be run on a long-term basis while Michael didn’t really want to perform forever.  With AEG Live Michael hoped only for ten concerts and that was it.

Below is how Tom Barrack persuaded him into a deal with AEG Live. He presented it as a choice between Michael’s success story (if he went for Barrack’s plan) or a funeral (if he didn’t). In reality it was exactly the opposite of course, however there was no way for Michael Jackson to know it at the time. This article is actually where Barrack is setting Michael his conditions:

Barrack had a relationship with the loan holder, Fortress, and was able to get an extension to give his Colony team time to crunch the numbers. They concluded that the only way to make a deal work would be for Jackson to start generating new revenue, which meant performing old material.

Two days later, Barrack called Jackson. “I told him: ‘Where you are is an insolvable puzzle unless you’re willing to go back to work. If you’re willing to do that, then we can help, but if you’re not willing to do that, it’s just presiding over a funeral.’ ” At first, Jackson demurred. “He really had a hard time with that, and he struggled for about three days. Finally, he calls back and says, ‘You’re right, I’ll do it.’ 

Colony agreed to bail out Jackson; in return, the firm would take ownership of Neverland and arrange for AEG, the concert promoter owned by Barrack’s friend Phil Anschutz, to stage a comeback. An unforeseen complication arose when Barrack received a call from the King of Bahrain, whom he knew from Sardinia, where Barrack owns much of the Costa Smeralda; astonishingly, Jackson had apparently forgotten that while being hosted in Bahrain, he had signed over a number of recording and performance rights to the king’s son. Colony had to buy out that interest. Jackson moved into a gated $100,000-a-month mansion in Bel-Air to prepare for a run of 50 concerts in London that would relaunch his career.

http://nymag.com/news/business/69782/index2.html 

The above was very informative.  First of all we get a confirmation on what condition Tom Barrack was to bail out Jackson – he would become the owner of Neverland and arrange for his friend Phil Anschutz Michael’s comeback shows. 

In addition to that the article mentions some Michael’s “interest in recording and performance rights” which he had allegedly signed over to the prince of Bahrain. We learn that Tom Barrack also “bought them out” and is now their owner. I wonder what that “interest” actually is.

Tom Barrack and friend are overlooking Neverland

I see why Michael called this place Neverland,” says Tom Barrack, the newest owner of Michael Jackson’s Neverland Valley Ranch.

The deal was proclaimed as “saving” Neverland though to me it sounds as an acquisition of very expensive property of 12,14 hectares at an extremely cheap price and at a very convenient location too as it is only 5 miles away from Tom Barrack’s own estate.

Wiki says that initially Michael Jackson purchased the property in 1988 for a sum variously reported to be $16.5 to $30 million, and invested into its development probably half as much or even more. Twenty years later Tom Barrack bought it at half the original price and announced in every paper that he “saved” it. I wonder how it was different from a simple purchase of property below its market price?  

Wiki describes the events in the period of February – May 2008:

On February 25, 2008, Jackson received word from Financial Title Company, the trustee, that unless he paid off $24,525,906.61 by March 19, a public auction would go forward of the land, buildings, and other items such as the rides, trains, and art.On March 13, 2008, Jackson’s lawyer L. Londell McMillan announced that a private agreement had been reached with the private investment group, Fortress Investment, to save Jackson’s ownership of the ranch. Before the agreement, Jackson owed three months arrears on the property.McMillan did not reveal the details of the deal.

On May 12, 2008, a foreclosure auction for the ranch was canceled after an investment company, Colony Capital LLC, purchased the loan, which was in default.  In a press release, Jackson stated, “I am pleased with recent developments involving Neverland Ranch and I am in discussions with Colony and Tom Barrack with regard to the Ranch and other matters that would allow me to focus on the future.

The deal was finalized in November 2008. The matter mentioned as allowing Michael to focus on the future was his deal with AEG Live which was to be struck two months later, in January 2009: 

On November 10, 2008, Jackson transferred the title to Sycamore Valley Ranch Company, LLC, and neighbors reported immediate activity on the property, including the amusement rides being trucked along the highway. Jackson still owned an unknown stake in the property, since Sycamore Valley Ranch was a joint venture between Jackson (represented by McMillan) and an affiliate of Colony Capital LLC (an investment company run by billionaire Tom Barrack). http://en.wikipedia.org/wiki/Neverland_Ranch

Let us note that November 2008 was the period when Michael was to fulfill Tom Barrack’s conditions irrespective of how fearful he was of Barrack’s friend and protege “caretaker” Tohme Tohme and how apprehensive he was of going into a deal with AEG Live.  

And though in respect of Tohme as a condition for the deal we can still have some doubts, as regards AEG Live it is absolutely clear that it was set as  a condition to the Neverland deal – Tom Barrack was sending Michael Jackson to work, and to work for AEG.

I was especially struck by the manner in which Tom Barrack spoke of Michael Jackson not as a human being, but as a troubled asset or “operating business” totally lacking any human component. He regarded Michael as a commodity:

Barrack built his fortune making deals, and in some ways, Neverland began as just another one—a contrarian bet on a troubled asset, an operating business backed by real estate. But in this case, the operating business was a person. Colony would bail Jackson out of his substantial debt; in return, the firm would assume ownership of Neverland, and Jackson, after a thirteen-year hiatus, would go back to work to generate new revenue.

http://nymag.com/news/business/69782/index1.html 

One of the most amazing things in this amazing recruiting business is that Tom Barrack takes the credit for giving Michael access to AEG and implies that he brought them over to him, though AEG had been hovering at Michael’s door for two years already before that. 

Despite his own story on how he forced Michael Jackson into working for AEG Live, in other sources Tom Barrack presents the case as if the “devout Christian” Anschutz had to be persuaded to go into the deal with Jackson and it was after Tom Barrack talked to his friend that he agreed to put Jackson in touch with Randy Phillips (!):

After buying Neverland, Barrack called his friend Anschutz. Barrack said the prospect of helping Jackson, given his recent criminal case, gave Anschutz, a devout Christian, pause. (Anschutz declined to be interviewed.) …Ultimately, Anschutz agreed to put Jackson in touch with Randy Phillips, the chief executive of his concert subsidiary.http://articles.latimes.com/2009/may/31/entertainment/et-michael-jackson31/2

Ultimately Anschutz agreed to put Jackson in touch with Randy Phillips?

I wish they had checked Randy Phillips’ accounts of the same period before they disgraced themselves by telling us Barrack’s arrogant nonsense. Some billionaires tend to think too much of themselves.

And this “devout Christian” thing is simply driving me mad. If they weren’t repeating it so often I would not be tempted to recall equally often that devout Christians are supposed to care for their fellow beings and not set impossible three month schedules with hardly any days off between the shows for 50-year old dancers who are also supposed to sing and not lip synch their songs while dancing.

Let me remind these devout Christians that other human beings are not machines and require rest between the shows, and that they should also be adequately remunerated for their job. And that tickets to their shows should not be priced at a minimum but should cost at least twice as much, not leaving a chance for some concert promoters and touts making fortunes on secondary tickets without moving their little finger and getting their ass off the chair they are sitting on.

The fact that it was AEG dying to get Michael into the deal is proven by one of those emails sent by Paul Gongaware and leaked to the press. Over there this co-CEO of AEG Live was giving advice to their negotiators (including Anschutz)  how to behave with Michael Jackson not to frighten him off from the start of it. The email makes it clear that even at the stage of meeting the big boss Philip Anschutz Michael was still wary and not too trusting of AEG Live. It also shows how very much willing AEG was to get Michael into their net.

To make Michael relax and develop trust in the AEG people Paul Gongaware instructed them to wear casual clothes and talk fluff with him (fluff –soft, light, downy mass; something of no consequence):

Anschutz invited Jackson to a meeting at a Las Vegas villa in September 2008. Paul Gongaware, an AEG Live executive who knew Jackson, emailed colleagues a strategy memo. Wear casual clothes, he told them, “as MJ is distrustful of people in suits” and expect to talk “fluff” with “Mikey.”

Besides Tom Barrack Tohme is also taking credit for arranging that London tour with Jackson. In his current court papers against the Estate he says that he “played a key, if unspecified, role in the series of 50 concerts Jackson was to perform in London starting in July 2009”. 

He [Tohme] points with pride to the crown jewel of his and the new Jackson team’s efforts: the contract with AEG for concerts at the 02 arena in London. http://www.today.com/id/31740617#.UUFxuBeeNEI

Well, even without them telling us we have already guessed that Tohme was one of the makers of that fraudulent contract with AEG Live that plunged Michael into a catastrophe of 50 concerts. 

But it is the newly discovered link between all these people which is so big news to us now, same as the fact that the Neverland deal was used as a blackmail tool to  make Michael agree to cooperation with AEG Live and forcefully plant Tohme into a position of Michael’s caretaker.

This is probably all we needed to know to explain to us why the contract with AEG was not even with Michael Jackson but with Tohme Tohme from the very beginning of it. 

This inseparable link between the Colony Capital – Tohme – AEG also explains why Tohme was on almost each page of AEG’s contract with Michael Jackson and was also placed on board of the Sony/ATV Music Publishing and made its trustee on a par with Katherine Jackson.

The whole deal was revolving around Michael’s “troubled assets” the charm of which was irresistible to the Colony Capital, especially since the situation allowed to obtain them as cheap and easy as the Neverland ranch. 

I believe that since the moment Tom Barrack saw that music catalog on that table in front of him, getting it into his hands with the help of Tohme and AEG Live most probably became his most cherished dream. 

To reach that goal Tohme not only had himself nominated to the Sony/ATV Music publishing board and became its trustee, but openly declared his plans to restructure Michael’s share in both Beatles and Michael Jackson’s songs catalogs under the terms we can only guess at.

In fact he said that he was working “with others” on that problem:

He said he was working with others to renegotiate the terms of Jackson’s main assets, his share of the Sony-ATV Music Publishing Catalog which includes music by the Beatles and the catalog of Mijac, the company that controls Michael Jackson’s own music.

http://www.azcentral.com/ent/celeb/articles/2009/07/04/20090704jackson-tohme.html

Frankly, now I am not even sure that AEG was the worst link in this triumvirate of greed and power around Michael – all the three heads of the dragon are equally ugly and worthy of each other.

MICHAEL COULD NOT INTERFERE WITH TOHME’S DECISIONS

Tohme said that Michael was not supposed to look into the way Tohne was running Michael’s business:

“We had an agreement,” Tohme continued. “I would never interfere with his creative decisions and he wouldn’t interfere with my business decisions.”

http://www.today.com/id/31740617#.UUFxuBeeNEI

This beautiful formula – which for sure was none of Michael’s inventions – is best illustrated by the way the negotiations with Randy Phillips of AEG Live were conducted. Michael was fully kept outside the business part of the talks. Whether voluntarily or under Tohme’s pressure, but talking business and money with AEG Live was wholly Tohme Tohme’s responsibility.  

Tohme's bankruptcy documents obtained by NBC

Tohme’s bankruptcy documents obtained by NBC. How could this man help Michael? Or was he using Michael to settle his own money problems?

At Conrad Murray’s trial Randy Phillips said that with Michael they discussed only the creative side of the show, while the money matters were ‘separate’ and were discussed between AEG Live and Tohme together with his lawyer Dennis Hawk. 

At first the negotiations took place between AEG, Tohme/Dennis Hawk and Peter Lopez as Michael’s lawyer. But Lopez was present only at the initial stage and said they had not gone further than the general concept of the arrangement. Then Peter Lopez was brushed aside which was common practice for Tohme who was “building a fence” around Michael and the negotiations continued in the absence of a lawyer representing his interests. Michael was not present either.

Initially, back in 2008 Michael may have probably even felt relieved that someone reliable and proficient as he thought Tohme to be, had taken the pressure of business decisions off his shoulders so that he could focus on music at last (he was working on a new album he had started in Ireland and was going to launch new music in addition to the show in London). 

Tohme - he has ways about himHowever by September 2008 when the powers of attorney were in Tohme’s hands Michael was already mortally afraid of his manager and went along with him simply because he could not break that Neverland/Colony Capital –AEG –Tohme vicious circle, and it was only the total shock of facing those 50 concerts with too little space between them which made Michael realize the disaster Tohme had got him into and this person’s ugly intentions towards him. 

The same goes for AEG Live. Their letter of intent sent to Tohme and later passed off as their contract outlined their intentions towards Michael. And their intentions presented the worst possible conditions for their client and the best possible conditions for themselves.

They included a theoretical possibility of a very harsh scenario which set 3 and a half shows per week (the show/day-off/show/day-off regimen) for a leg no longer than 10 weeks initially planned for July 26-September 30. This was the maximum of what AEG could require of Jackson in case his company Artistco approved the itinerary (Artistco was Michael Jackson Company LLC presided and run by Tohme).

The minimal number AEG Live fixed in that paper (which was not yet final) was 18 concerts for the first leg. If they had stopped at that it would have still been okay for Michael Jackson – if you spread 18 shows over the period of 10 weeks, the intensity of performing would be exactly two shows per week which was the maximum Michael Jackson wanted.

However since it was Tohme who ran Michael Jackson company LLC (Artistco) those 18 shows quickly turned into 30 crammed into the same period of time and 20 more shows added at the same mad pace for the winter season of the tour. These were the decisions Tohme as the Colony Capital “caretaker” was taking for Michael Jackson, most probably without ever consulting him.

THE MONEY FOR TOHME

For his dubious services to Jackson Tohme requested gigantic money. The first fee he charged was 10% of the $24,3mln paid by the Colony Capital for Neverland. This fee was to cover the purely symbolic service of bringing Michael Jackson and his friend Tom Barrack together though it was his responsibility as Michael’s manager to provide him with a choice with a view to select the best investor and best restructuring plan.

Then Tohme arranged for himself a salary of $35,000 plus expenses, irrespective of the result of his work and further 10% from every Michael Jackson’s deal brought to him via Colony Capital.

On top of that Tohme was to get 15% of all gross compensation received by Jackson as a result of his work and a salary of $100,000 a month in a deal with AEG Live. 

This is very well laid out in the Estate’s suit against Tohme:

But the Jackson estate alleges that throughout his dealings on Jackson’s behalf, Tohme behaved with impro­priety. When he made the deal to prevent foreclosure on Neverland, says the suit, Tohme failed to disclose fully to Jackson that he had an existing (though unspecified) relationship with Colony. Jackson could have gotten better terms had he been represented by an independent adviser, says the estate, and the $2.5 million fee Tohme arranged for himself was far in excess of the norm.

 

…For rendering all these services, Tohme claims he is owed $2.3 million for his Ranch rescue, plus 15 percent of Jackson’s gross compensation starting July 2, 2008, and continuing beyond the pop icon’s death.

 

Apart from those deals, Tohme had arranged to have Jackson pay him $35,000 a month plus expenses to act as manager. He set up additional payments to himself of $100,000 a month to function as a producer for the London engagements.

http://www.azcentral.com/ent/celeb/articles/2009/07/04/20090704jackson-tohme.html

Tohme wanted 15% of Michael Jackson’s gross compensation?

Does it mean that Tohme was counting on having 15% of Michael’s money as a result of his 50 concerts for AEG? I hope I am wrong here but in the messy AEG papers this 15% Tohme’s share could easily become another of Tohme’s incomes in addition to the $100,000 which were already there…

This is probably a convenient moment to remind everyone that Tohme presented himself as a selfless guy who just wanted to help Michael and loved him from the very bottom of his heart:

“I saw him with his children and I had never seen a better father. … I decided to do what I could to help him.”

“For the last year and a half I was the closest person to Michael Jackson,” Tohme said.

He would only briefly discuss Jackson’s finances. During his time with the superstar, Tohme said, he was paid nothing but was able to negotiate lucrative business deals that would secure the future of Jackson’s children.

The day Jackson died, as Tohme rushed to the hospital unsure if his friend was alive or dead, he said he remembered precious moments: Jackson bringing his children to Tohme’s house for Thanksgiving dinner; Jackson and his children singing “Happy Birthday” to Tohme on the phone; the last time he saw Jackson at Staples Center, rehearsing for his big comeback. And he remembered Jackson’s last words to him that day: “I love you.”

http://www.today.com/id/31740617#.UUFxuBeeNEI

As regards Tohme’s salary of $100,000 a month the biggest insult of it was that though it was initially proclaimed as AEG’s salary to Tohme, ultimately it was to be paid from Michael’s pocket again – the ‘contract’ said that Tohme was to be paid by AEG Live while the Appendix included Tohme’s services into production costs, and production costs were eventually placed on Michael Jackson’s shoulders. 

If we threw away the Appendix (it doesn’t carry the date or signature anyway and could be made by AEG at any time)  the only thing that would remain after that would be their ‘contract’  and Tohme would become AEG’s responsibility again.

DISMISSALS – TOHME OR AEG?

While Tohme was receiving $100, 000 on a monthly basis and was planning for himself the rest of those incredible payments he was firing  Michael’s closest associates at the pretext of cutting his expenses. The children’s nanny Grace Rwaramba was fired twice, allegedly on Jackson’s orders:

“I built a fence around Michael to keep people out,” he said, acknowledging that he cut costs by firing many members of the Jackson staff, including security guards. And he twice fired the children’s nanny, Grace Rawaramba, on Jackson’s orders. “I was trying to do what we could to maximize his profits and minimize spending. I wanted to find a way to reel in all the loans he had. http://www.azcentral.com/ent/celeb/articles/2009/07/04/20090704jackson-tohme.html

The correspondence around the nanny’s second dismissal in April 2009 is a fantastic proof of Tohme merging with AEG into so close a unity that the two became virtually indistinguishable from each other. Another of Paul Gongaware’s emails says that it was actually him, the AEG co-CEO and not even Tohme, who fired the nanny of Michael’s children at the pretext of cutting his expenses:

AEG has been cutting down on Mr. Jackson’s expenses in anticipation of his upcoming tour. Unfortunately at this time the services you provide do not meet our needs,” AEG exec Paul Gongaware told Rwaramba April 19.

http://www.nydailynews.com/entertainment/music-arts/michael-jackson-full-doubts-hated-emails-reveal-article-1.1155107?pgno=1

If anyone is still under the illusion that AEG had no control over Michael Jackson’s life the above email will be just all you need to show to these people.

Besides the fact that AEG had no business to dismiss any of Michael’s personal staff, and this being clearly a move to fully isolate Michael from any assistance from the outside, it also raises the question how Michael Jackson was supposed to be effectively getting ready for the shows if he knew that there was absolutely no one to take care of his kids while he was at the rehearsals? Isn’t it a strange way AEG wanted to ensure Michael’s attendance of rehearsals every day?

PETER LOPEZ

Peter Lopez, MJ's lawyer

Peter Lopez, Michael Jackson’s lawyer, was dismissed around Feb.28, 2009. He died at the age of 60 on May 1, 2010 from a gunshot ruled as an apparent suicide.

The media made snide remarks about Peter Lopez’s dismissal. First of all it saw it as Michael’s doing (though it was not) and second it regarded it as a sign of Michael backing out of his obligations to AEG Live.  I would not be surprised that this theory was leaked to the press by Tohme and AEG to coerce Michael into agreeing to their terms. 

The rumor of Peter Lopez being fired was leaked on February 28, 2009 which was a week before the March press-conference in London. 

By that moment a month had already passed since the AEG letter of intent was signed (January 26, 2009), however the matter was not yet finalized as there was still no final contract. Michael was surely insisting on his own trusted lawyer Peter Lopez to look into those documents and this must have been exactly the reason why the lawyer was fired.  That disgraceful document could not be shown to anyone at all for fear of its cancellation, so to me Peter Lopez’s dismissal at exactly that moment in time does not look like a mere accident. 

And all the rest of the conclusions are based on the fact that the contract was not signed. If there was no contract no performer would ever agree to take upon himself any obligations concerning any concrete shows – how could he if he did not know on what terms he was doing it and everything was still very indefinite and undecided? 

However Michael in that situation was termed “lazy” and a “coward”. This theme rings a familiar note and reminds us once again of the AEG Live co-CEO Paul Gongaware and his other email where he also called Michael “lazy” and said that he “constantly changes his mind to fit his immediate wants”. 

From the article below we find that the news conference where Michael was to announce his London shows was to take place approximately ten days earlieron February 24 or 25.  The staff of the O2 Arena was informed about the future announcement but it never came and no explanation was given for the delay.

 This postponement also speaks to a big crisis at that moment in Michael’s life which evidently arose to a dispute over the need for Peter Lopez to review the contract before its finalizing. No matter what AEG will say about it Michael was in a crisis connected with a total uncertainty over his  contract with AEG and lack of a trusted lawyer by his side.  

We will never know it but from the way Tohme was doing his business we cannot be sure that Michael saw those AEG papers at all. By the way it could be due to the terrible uncertainty of the situation that Michael was “drunk and despondent” on the day of that March news conference…. 

However for the Newshound all of it is much fun. The paper provides a full list of Michael’s fictional and true faults since time immemorial to explain how “lazy” he is. What you see here is actually a sample of what AEG Live would have placed in every paper if Michael  had cancelled his concerts in 2009 :

FEBRUARY 28, 2009

The O2 residency; Jackson cries off again?

Sad but predictable news has reached the Newshound that Michael Jackson’s O2 negotiations have faltered for a third time.

Selected staff at Sony BMG’s London HQ had been briefed that Jackson would announce details of his O2 residency on Thursday morning.

Meanwhile, staff at the O2 arena were told over a week ago that the residency would be announced in a press conference on either Wednesday or Thursday of this week.

By midday on Thursday there was confusion at Sony HQ as to why the announcement had not been made. However, staff were reassured that the announcement would be made by the end of the day.

The announcement never came.

The Newshound is now hearing whispers that Jackson has fired Peter Lopez, the star’s music lawyer of several years. Lopez had been representing Jackson in negotiations surrounding the residency since they began in 2007. Rumours of the lawyer’s dismissal are as yet unconfirmed and the reasons behind the alleged dismissal remain unclear.

The Newshound, however, will be so bold as to venture that should these rumours prove true, there is just one reason behind the decision.

Jackson is extremely work shy and has been since the late ninties. In 1999 the star signed contracts to perform two concerts at the turn of the millennium. However, Jackson failed to perform those concerts and never offered a legitimate reason as to why.

Jackson approached his next studio album, Invincible, so lazily that Sony rejected it in its original state. Insiders claim that Jackson was so addicted to alcohol and painkillers that friends and colleagues feared for his life. The star reportedly had no interest in the project, earning most of his songwriting credits by changing occasional words in other people’s compositions.

Prior to the album’s release, Jackson performed two largely mimed concerts in New York, infuriating producer David Gest by showing up high on painkillers.

The star went on to record one music video for Invincible but shunned all subsequent promotion, branding his record company ‘racist’.

Later, in a 2003 television special, the star declared that he hated touring.

In late 2003 Jackson struck a peace deal with Sony, agreeing to embark on a short European tour to promote his ‘Number Ones’ compilation album. However, it is worth noting that although Jackson technically agreed to the tour, he had already got wind of an impending child abuse allegation and hired Mark Geragos as his defence lawyer. As such, it could be the case that Jackson knew he would never have to fulfill that particular obligation.

Since his child molestation trial Jackson has promised charity singles, a music video and an album – and, more recently, claimed to be ‘finalising’ TV specials and a world tour. To date none of these projects, some of which date back to 2005, have ever seen the light of day.

No evidence exists to suggest that the star has completed any work on his new record apart from a lackluster duet with Akon, featuring a vocal so half-hearted that Jackson could have recorded it in under an hour.

Jackson displayed further laziness early last year when he reneged on a deal with Sony to promote ‘Thriller 25′ at the Grammy Awards. The star was due to perform a live medley and then complete a backstage interview for the promotional podcast series known as the ‘Thrillercasts’.

Jackson angered Sony by failing to complete either activity and enraged Grammy organisers to such an extent that they cancelled an ‘all-star salute to the King of Pop’, despite having already advertised it on national television.

Sony sources also told the Newshound in late 2007 that Jackson had recently backed out of an X Factor appearance, claiming he had done so because the press had ‘ruined the surprise’.

During the last 18 months Jackson has become involved in serious discussions with AEG Live – promoters for the O2 arena – on three separate occasions; once in late 2007, once in early 2008 and once during the last fortnight.

It seems that firing Peter Lopez could be Jackson’s way of backing out for a third time, effectively killing the negotiations by removing his only point of contact. This would be typical of Jackson’s cowardly approach to dealing with problems, which tends to consist of either running away and leaving somebody else to clear up his mess or trying to place the blame on a third party. Or, quite often, both.

However, speculation is rife that the O2 has already booked dates for Jackson’s residency, with no concerts currently being marketed between July 6th and August 5th. Rumour also suggests that some papers could already have been signed, which – if true – could leave Jackson fighting one of the most intense legal battles of his career.

The future of Jackson’s O2 residency is unclear. The only certainty is that Sony employees and O2 employees were expecting an announcement on Wednesday or Thursday. That announcement never came. At the same time, the steady stream of leaked information has once again dried up, suggesting that negotiations have ceased.

More as and if the Newshound hears it.

Mahalo!
The Lowly Newshound

http://lowlynewshound.blogspot.ru/2009_02_01_archive.html 

Unfortunately now we cannot ask Peter Lopez about the circumstances around that news conference and the reason why he was fired -  a year after Michael’s death Peter Lopez committed a suicide by shooting himself . For some reason there was no weapon found beside his body.

MICHAEL FIRES TOHME

On May 5, 2009 Michael Jackson fired Tohme Tohme AGAIN

On May 5, 2009 Michael Jackson fired Tohme Tohme AGAIN

It is hard to imagine Tohme’s fury at seeing that everything he had been working on was lost when Michael Jackson fired him in the middle of March and revoked his power of attorney in April 2009. By then he had been practically in full control Michael’s businesses and even life.

The Estate’s court papers say:

…The estate’s lawsuit acknowledges that Tohme assisted in negotiating the deal for the concerts in London. But according to the suit, Jackson dismissed Tohme in March 2009, formalizing the termination April 14 by revoking Tohme’s power of attorney. On that basis, executors Branca and McClain reject Tohme’s claim for a percentage of revenue from the Jackson estate.

 

But when news of Jackson’s death broke, Tohme rushed to Ronald Reagan UCLA Medical Center and presented himself to the media as a spokesperson for the star. In the following weeks, Tohme found himself receiving unwelcome attention.

 

Today did a piece describing him as “the mystery man behind Michael Jackson.” June Gatlin, a self-described “spiritual adviser” to Jackson, claimed on that broadcast that Jackson was “deathly afraid” of Tohme and produced a tape she said she had made in September 2008, on which Jackson said, “There’s this divide between me and my representatives, and I don’t talk to my lawyer, my accountant. I talk to him, and he talks to them.” Gatlin can be heard telling Jackson, “That’s not good,” prompting him to reply, “I know it’s not good. I don’t like it. … I don’t know what’s in my account.”

http://www.hollywoodreporter.com/news/michael-jackson-manager-tohme-lawsuit-351241?page=3&google_editors_picks=true

"Dr. Tohme R. Tohme is no longer authorized to represent me" (from Michael Jackson's letter)

“Dr. Tohme R. Tohme is no longer authorized to represent me” (from Michael Jackson’s letter dated May 5, 2009)

The NBC report about Tohme and June Gatlin’s recording mentioned earlier said that Michael wrote a letter about Tohme’s dismissal on May 5 but Tohme still ‘did not take the hint’ and continued doing business on Michael’s behalf.

Considering all the information we have about Michael trying to dismiss Tohme earlier – first in March 2009 and then in April 2009, when he revoked Tohme’s powers of attorney, the third Michael’s attempt to fire Tohme on May 5 only testifies to how fierce Tohme’s resistance was to Michael’s attempts to free himself of this person.

Despite Michael’s wishesl Tohme stayed in their project until after Michael’s death, and even in the hospital made an announcement of Michael’s death as his manager and spokesman. Frank Dileo was also present but was not given a chance to speak.

The NBC says that two weeks after Michael’s death Tohme was still saying to one of their correspondents,

  • “I’m still in charge of Michael Jackson’s business till otherwise I am informed not to do so”.

Below is the full NBC video.  At the very end of the program Jeff Rossen of NBC asked June Gatlin if Michael was trying to change his life around in the end and she answered that Michael was not only trying to change his life but Michael was changing his life and firing Tohme was a big part of it.

The very least we can say about Tohme is that as Michael Jackson’s “manager” he never stood by his interests. Tohme was simply using Michael as a way to get all his possessions and the infinite riches of his catalogs, whether for his own self or others.  However in fighting Tohme Michael was facing not only one person – he was facing a huge conglomerate of Colony Capital, AEG Live and Tohme whose interests seemed to have merged into a big and ugly unity where Tohme was just a convenient means to reaching their common goals.

Life itself has shown that very little depended on Michael here though the very fact that he was fighting is very important. Though he fired Tohme already in March 2009 the situation did not change much – Tohme still stayed in the project and remained in Michael Jackson’s ‘contract’ with AEG.  Tohme was never named there as Michael’s manager, it was never clear for which party he was acting, so with the annulment of his power of attorney little seemed to change.  AEG was probably even paying him at least until Michael’s death, only this time evidently for his past services and staying loyal to them and their project.

Tohme was still Tom Barrack’s friend and was still actively involved in all projects connecting Michael with the Colony Capital. This is why Tohme was so insistent on Michael to be buried in Neverland – he and Tom Barrack were hoping to turn Neverland into a major attraction generating millions from the stream of grieving Michael Jackson’s fans coming there. 

But the worst part of the problem was that even after Michael fired Tohme his AEG partners did not have any desire to listen to Michael Jackson and pay any attention to his decision. Same as they disregarded Michael’s wishes and controlled his life in every other aspect they simply ignored his dismissal of Tohme. And the horrid illustration of it is found in no other place but Randal Sullivan’s book.

AEG IGNORES MICHAEL’S DECISION

Despite my general attitude to Randal Sullivan’s book this was surely a real-life scene which was evidently described to Sullivan by one of the witnesses of the event. Most probably it was Tohme Tohme himself.  This account left me totally speechless: 

Tohme would say later that whatever doubts he harbored about his own status were soothed by that visit to the Staples Center.

Randy Phillips introduced him to everyone as “ Dr. Tohme, Michael’s manager,” and placed a bracelet around his wrist that would allow Tohme access to the Staples Center rehearsals any time he wanted to show up.

At one point, Michael waved to Frank Dileo and said, “Come here and give your boss a hug.”

Dileo responded by walking away, and Tohme asked Randy Phillips, “What’s that guy doing here?”

They kept Dileo around, Phillips answered, according to Tohme, “because he makes Michael laugh”.

So this is how AEG Live looked at Frank Dileo …. They took him for a sort of a clown for Michael Jackson… Someone insignificant and not even necessary to reckon with –  like an old teddy bear to keep the child happy with while serious grown-up people are going about their serious  business… 

Previously I had some doubts about Frank Dileo’s role in all this ugliness around Michael Jackson, but now this scene has fully reconciled me with him. No, he wasn’t part of it and was probably suffering no less than Michael himself.

And look at all this AEG’s disdain for Michael’s decisions and disregard for his wishes and at the open way Randy Phillips was displaying it!  Michael tried to show to people around him that his real manager was Frank Dileo and jokingly asked him to come and give him as his boss a hug, and the only thing Frank could do in reply to that was geting up and leave at some pretext.  He probably did it to save Michael from the embarrassment of hearing what Randy Phillips had to say about it. He had just heard Phillips introducing Tohme as Michael’s manager….

What a scene! What a precious scene telling us more about AEG’s control of Michael’s life than all their lawyers and papers taken together! And what a proof it is of how disrespectful they were towards Michael Jackson, the man through whose mere existence they were making all those millions!

And how unfortunate it is that same as Peter Lopez we cannot ask Frank Dileo either about that and other occurrences in his association with Michael Jackson. Frank Dileo was accidentally given a double doze of anesthesia during an operation, fell into a coma and died too… 


Filed under: AEG THE HORRIBLE, The SOCIETY Tagged: AEG Live, Colony Capital, Frank Dileo, Jack Wishna, Michael Jackson, Tohme, Tom Barrack

The story of MICHAEL JACKSON, TOHME, NEVERLAND and IRRELEVANT QUESTIONS. Part 3

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This post was prompted by some discussion in the comments about Neverland – whether it was saved by Colony Capital or was simply called so for publicity sake. As full and proper facts are not open to us we will have to go by the shreds of information we have, trying to connect the dots.

TOHME

We know that Tohme was instrumental for the Neverland deal as it was him who brought in Tom Barrack of Colony Capital. Depending on the source Tohme is described as Barrack’s “close personal friend”, his former business associate and as someone working for Colony Capital at the moment of the deal. 

Bankruptcy documents for Tohme also call him Thomme. Yes, at some point in time he evidently filed bankruptcy

Bankruptcy documents for Tohme also call him Thomme. Yes, at some point in time he filed for bankruptcy

The Associated Press calls Tohme’s past “murky” so this wide variety of opinion about the man shouldn’t surprise us. We do not even know how to spell his name – Tohme and Thomme as even here there are some variants – so how can we know anything about his past and present? 

One article says that Tohme worked with Colony Capital previously and calls him a doctor which was later said to be wrong:

July 5, 2009

More from the Business Mirror and Dr. Tohme: 

“In an interview last week Dr. Tohme Tohme, an orthopedic surgeon-turned-businessman who had previously worked with Colony Capital, identified himself as the singer’s manager, spokesman, everything, and spoke about the benefits of dealing with business titans Barrack and Anschutz rather than their ‘sleazy’ predecessors. ‘Michael Jackson is an institution. He needs to be run like an institution,” Tohme said. http://deathby1000papercuts.com/2009/07/michael-jacksons-death-neverland-the-mysterious-dr-tohme-president-of-michael-jackson-productions/

And Roger Friedman wrote another article which says that Tohme was working for Colony Capital at the time of the deal.

Friedman’s own name is not free from controversy, but he had the advantage of interviewing Tohme at least and was therefore privy to some first-hand information. His article also details the Estate’s claim against Tohme, the Julien’s auction stopped by Michael, and correctly says that Tohme is no doctor and no ambassador at large though he claimed otherwise: 

February 17, 2012

Michael Jackson‘s estate has finally filed a lawsuit against Tohme Tohme, who used to call himself “Doctor.” Tohme was Michael Jackson’s penultimate manager–meaning he was replaced just before Jackson’s death by Jackson’s longtime manager and friend, Frank DiLeo. But Tohme, the estate says in a complaint filed by attorney Howard Weitzman, ran amok during his short term between January 2008 and March 2009. It was Tohme, working for Thomas Barrack‘s Colony Capital, who pulled off the sale of Neverland to Colony.

But according to the complaint, Jackson never understood that Tohme was also going to receive a finder’s fee for doing work for his own employer. Jackson had no lawyer representing him in his many signed agreements with Tohme, and so didn’t understand that when Colony came up with $24 million to bail out Neverland, Tohme would get $2.4 million.

Tohme, the complaint further reads, got Jackson to sign an agreement paying him $35,000 a month. He was also to receive 15% of all gross compensation Jackson received for anything he did in the entertainment field. Jackson signed not one but two Power of Attorney documents giving Tohme “extraordinary” powers. He also gave himself a $100,000 per month producers fee for the run of Jackson’s London concert dates–from July 2009 through at least March 2010.

All of this Jackson signed without a lawyer, and despite numerous stories (many written by yours truly) about Tohme’s many assertions about his credentials being false.It was during Tohme’s regime, for example, that the contents of Neverland were emptied and consigned to an auction house in Beverly Hills. The auction didn’t proceed when Jackson finally got a grip, and a lawyer, stopped the auction. Tohme then took back the contents and warehoused them.

When Jackson died, the estate had to negotiate with him to get back the property. Out of luck was Julien’s Auction House, which published a now collectible catalog of everything that had been in Neverland.“Tohme took possession and control of money and property that belonged to Jackson. Tomhe did not return to Jackson and refuses to deliver to the executors all of the property and cash belonging to Jackson that Tohme took possession and control of.”

On a side note, Tohme used to claim he was a doctor from Lebanon. But he could never prove to me that he was a doctor and when I questioned him about it in 2008, he told me wasn’t practicing. He did say he was Ambassador at Large to Senegal, but their Embassies denied it.

http://www.forbes.com/sites/rogerfriedman/2012/02/17/michael-jackson-executors-finally-sue-singers-final-manager/

Since the page which had this article is no longer found for some reason, I am posting a link to mjjjusticeproject where the article was copied: http://www.twitlonger.com/show/jha5ot

‘SAVING’ NEVERLAND

When you look at the way the Neverland deal is presented in the press the first impression is not that bad. The foreclosure note on Neverland warning Michael of an imminent public auction if he did not pay, was purchased by Colony Capital in spring 2008 and this was followed by the November 2008 news about a joint venture formed with Michael Jackson and giving him some share in the deal.

This article explains it:

Michael Jackson gives Neverland to corporation

November 13,2008By Robert Jablon, Associated Press Writer

The singer filed a grant deed on the ranch Monday that makes the new owner an entity called the Sycamore Valley Ranch Co. LLC, Tom Pearson of the Santa Barbara County clerk-recorder’s office said Wednesday.Sycamore Valley Ranch Co. is a joint venture between Jackson and an affiliate of Colony Capital LLC, according to a person with knowledge of the transaction who was not authorized to speak on the record and requested anonymity.

The person could not say what would become of the 2,500-acre property in the bucolic, oak-studded hills of Santa Barbara County’s wine country, 120 miles northwest of Los Angeles. A call to an attorney for Jackson, L. Londell McMillan, was not immediately returned Wednesday.

Jackson had gone into default on the $24.5 million he owes on the property and had faced foreclosure before Colony Capital bailed him out earlier this year by purchasing his loan.

Pearson said the deed did not indicate who owns Sycamore.A listing on the California secretary of state’s Web site says the company filed with the state in June.

It does not identify its owners, but the company has the same Century City address as Colony Capital LLC.Colony Capital is a Los Angeles-based real estate investment company run by billionaire Tom Barrack. It owns several properties in Las Vegas, including the Las Vegas Hilton.

The property was called Sycamore Valley Ranch before Jackson bought it in 1988 and began turning it into a miniature amusement park with a zoo, Ferris wheel, roller coaster and other rides.At the height of his popularity, the superstar invited thousands of children to play on the grounds.

He renamed the ranch after the mythical land of Peter Pan and set about creating the magical childhood experiences he said his career as a child star had denied him.“It’s like stepping into Oz,” he once said of Neverland.

“Once you come in the gates, the outside world does not exist.”Jackson has struggled to pay his debts since his financial empire began to crumble following his arrest in 2003 on charges that he molested a 13-year-old boy at the ranch. He has not been seen in the Los Olivos area since a jury acquitted him of all charges, and recent aerial photos show the ranch falling into disrepair. http://usatoday30.usatoday.com/life/music/2008-11-13-565952169_x.htm

Who owns the property as a result of the deal was not disclosed however the details may be deduced by us by comparing the two key factors. The first key factor was found by blogger Justice4some:

Richard Siklos, editor-in-chief of Fortune Magazine, wrote in October, 2009, that “under the terms of an agreement struck with Jackson after Colony Capital purchased the note on the property for $23.5 million, when Neverland is eventually sold, Colony will recoup its investment in the note plus the accrued interest, its management and upkeep expenses, and around 12% of above that as a success fee. The rest will go to the Estate.”

Essentially, this means that the Michael Jackson Estate will receive a large profit of the sale of Neverland, or the Estate could have the option to buy the property.http://mjandjustice4some.blogspot.de/search/label/Sycamore%20Valley%20Ranch

It looks like the editor-in-chief of Fortune Magazine explained the deal the way it is customary to make it . Someone puts out the fire by bringing in money, helps to settle the problem and then gets his money back together with the interest and fee, finally withdrawing from the scene. 

And the Colony Capital deal is described here in the same customary manner – Tom Barrack puts out the fire by buying the loan, then he and Michael Jackson jointly find the best customer and Tom Barrack gets his money back with all the expenses paid plus his interest and fee for the timely help. The sum remaining from selling the ranch to some third party goes to Michael or the Estate acting on his behalf. 

This is a customary scheme and this is probably how the deal was explained to Michael. Well, at least Richard Siklos who conveys to us the impression that he actually saw the documents was under the same impression too.

However two years after the news about Neverland was reported some new details surfaced in the press, and the person who disclosed them was no other but Tom Barrack himself.

He evidently spoke to two newspapers about how successful the transaction was and in the process disclosed the detail which makes to us all the difference in the world. This essential detail was a condition Tom Barrack accompanied the deal with which said that he would buy the foreclosure note on Neverland only if he himself became owner of it: 

Nov 28, 2010

Colony would bail Jackson out of his substantial debt; in return, the firm would assume ownership of Neverland, and Jackson, after a thirteen-year hiatus, would go back to work to generate new revenue. http://nymag.com/news/business/69782/index1.html

As if trying to bring home to us the crucial element of the deal the New York Magazine states this condition twice on each page of their article:

But in this case, the operating business was a person.  Colony agreed to bail out Jackson; in return, the firm would take ownership of Neverland and arrange for AEG, the concert promoter owned by Barrack’s friend Phil Anschutz, to stage a comeback. http://nymag.com/news/business/69782/index2.html

This is the article which used to be in the Internet

This article from “deathby1000papercuts.com” is no longer found

In addition to this New York article we have another author who wrote the same, only much earlier, on July 5, 2009.

 What is top important for us is that the ownership condition for the deal was reported to us after the author got familiar with the court documents:

Just who is the mysterious Dr. Tohme Tohme, and what are his ties to Michael Jackson and Neverland?

In the latest interviews Tohme claims he’s just an unpaid adviser and spokesperson for Michael Jackson, but in court records we found a different story, where Tohme claims he’s President of Michael Jackson Productions.

Tohme claimed he set up the original meeting between Barrack, Tohme, and Jackson. One result of the meeting: Barrack wound up saving Neverland from the auction but also gained ownership, with Jackson given some sort of profit sharing agreement. It was Barrack who contacted the owner of AEG, Phillips Anschutz.

http://deathby1000papercuts.com/2009/07/michael-jacksons-death-neverland-the-mysterious-dr-tohme-president-of-michael-jackson-productions/ (The link to the article is not working so don’t even bother looking).

What does the condition to pass the ownership from one person to another mean in circumstances when Tom Barrack seemed to be simply giving Michael a helping hand by buying his debt on Neverland? 

It means that the good guy was going to help Michael but only on condition that the property became his. This formula sounds to me like “I am paying your debt now but in return you make me its owner”.  

Just imagine an agreement like that for your own flat or house and you will understand what it means.

Since this was the essence of Tom Barrack’s deal as he himself described it, it means that when he was setting the condition on which he was to ‘save’ Neverland he must have given Michael the final price too, then and there, and in those circumstances the price could be only minimal. 

Another variant is that he could soothe Michael into thinking that the selling price would be agreed later (by that joint venture of theirs). I don’t even know which variant is worse because in the second case it is the same as saying, “I’m paying your debt now in return for owning your house. All the rest will be settled later”. 

You can imagine what the future will hold for you if you listen to this argument. When the time comes to ask the good old guy to pay you the market price he reminds you that you are nobody here and have no right to dictate any prices to him – he is the owner anyway.

So according to Tom Barrack’s own words and the court documents quoted by the above author in May 2008 Colony Capital bought the foreclosure note on condition they gained ownership of the ranch. In November the same year they finalized the deal with all media rightfully proclaiming Colony Capital owners of Neverland (now Sycamore Valley). 

There are reasons to believe that this “ownership” condition was not disclosed to Michael Jackson in due manner and in due time. Why do I think so? Because Richard Siklos, editor-in-chief of Fortune Magazine, who actually saw the agreement, described its terms in a customary manner – without ever mentioning any “conditions” to it. However in the court documents mentioned by the second article quoted here the condition is already set. Moreover it is also Tom Barrack himself who also speaks about it.

This makes me think that the news of this condition could be broken on Michael much later or introduced into the deal in some stealthy manner. This does not surprise me in the least as the contract with AEG Live is actually following absolutely the same pattern.  

The style of both deals is absolutely the same – Michael Jackson thinks he is going into one deal and in reality it turns out to be something different.

Michael Jackson thinks he is going into a joint venture with Colony Capital and in reality Neverland is going into Tom Barrack’s ownership. He thinks the document he is signing with AEG Live is a letter of intent only but it turns out to be the final contract already. He thinks he has agreed to 10 concerts, but the number turns out to be 50 instead.

There is a pattern here, guys. And what is especially interesting here is that in both cases we have to do with one middleman – Tohme Tohme.

Michael actually said it himself that he did not know his deal. He said about it to June Gatlin adding that he spoke to Tohme and Tohme spoke to everyone else. He had no chance to verify and check what the deal was, and had to go by Tohme’s word only.  

The same was noted by Jack Wishna who observed Michael and people around him when he was in Las Vegas and said, “Michael did not know what his deals were”:

“Michael has a lot of people around him that cut deals and sometimes Michael doesn’t even know what those deals are,” he added. “So many people have been around him. At every turn it’s like he’s his worst enemy because of the people that are around him.”http://uk.eonline.com/news/133691/it-s-going-to-be-a-disaster-associate-says-jackson-was-too-weak-for-major-comeback

Excerpt from the Estate's 2011 report on the status of Sycamore Valley

Excerpt from the Estate’s 2011 report on the status of Sycamore Valley

However an important amendment to the above has been made in the last minute before making this post. 

Maureen reminded me of  the percentage the Estate has in the Sycamore Valley now. And according to the Estate’s report it is 87,5%.

Frankly I completely forgot to look up that document and this Estate’s share sounds as good news to me. 

However the fact that the share is estimated as “zero” is keeping me from falling into complete euphoria over it. In the Estate’s own terms it means that “the liabilities in this asset exceed assets” and this means that the Estate is in debt over it. How big the sum of the debt is nobody knows and what the terms of the agreement with Colony Capital were over it nobody knows either. 

All we know is what the court documents and Tom Barrack previously said – that the condition on which he was paying the foreclosure note was gaining him the ownership of the ranch. The fact that Michael still retained his share in the joint venture and that the ranch was evidently not sold to Barrack may mean that the deal was reversed when Tohme was fired, and the debt arose as a result of that annulment. This was the sum that was to be paid by Barrack to Michael but was rejected at the last minute and turned into a debt to Barrack instead, and since then must have accrued a lot of interest. 

Well, this is the explanation of the puzzle I can think of at the moment and as you understand I cannot provide proof of it. What I know for sure though is that Neverland should be returned and this is why it is so crucial for Katherine Jackson to win her case against AEG Live. 

Reading about Tom Barrack sitting at the foot of the oak tree where Michael wrote his songs is simply unbearable and is one of the most painful scenes I’ve ever read:

Nov 28, 2010

You’ll see why Michael called this place Neverland,” says Tom Barrack, the newest owner of Michael Jackson’s Neverland Valley Ranch. Barrack is a 63-year-old billionaire with a gleaming shaved head, summer-in-Sardinia tan, personally trained muscles, and sockless tasseled loafers. He is sitting on the lawn beside the Tudor-style, panic-room-equipped main house, near a gnarled oak tree with steps winding up to the perch where Jackson wrote Bad    http://nymag.com/news/business/69782/

I wish it could return to where it was before:

One of Jackson’s favorite outside spots to relax was up in a large oak tree on the grounds. There were handles installed on the tree to help Jackson climb up the tree, where he would sit and contemplate life. He even wrote lyrics and melodies to his songs while relaxing up in the tree.   http://www.examiner.com/article/inside-michael-jackson-s-neverland-ranch-slideshow

OTHER TOHME DEALS

The other business Tohme did for Michael Jackson is best illustrated by the Estate’s lawsuit against Tohme. The full document is found here http://ru.scribd.com/doc/81994850/Michael-Jackson-Tohme-R-Tohme-Suit  

I will comment on the Estate’s side of the story only as what the fraudster says can be read now in numerous articles spread all over the Internet. If you want the details you can go to this source from which the summary of the Estate’s suit against Tohme has also been taken:  http://www.mjjcommunity.com/forum/threads/121500-MJ-Estate-sues-Tohme-Tohme-Tohme-countersues-Tohme-s-complaint-pg-14).  

The summary of the Estate’s suit will have a couple of my additions:

- Tohme arranges a series of negotiations without Michael having independent legal counsel and Michael giving informed consent

- Tohme takes possession of Michael’s money and personal property using his powers of attorney and never returned it to Michael Jackson or the Estate

- Tohme goes unchecked until March 2009 but not later than April 14 when his powers of attorney were terminated

- Tohme gets hired around January 2008 and “gets as he pleased” as the Estate puts it
- Tohme doesn’t have any experience in being a personal manager of an artist

- As personal manager he owed to Michael Jackson the highest duties of care, openness, honesty, loyalty and disclosure. He was required to put Jackson’s interests above his own and disclose all information known to him

- Tohme took control over all of Michael’s personal and professional affairs. He hired and fired and supervised other people that worked for Michael and therefore no one could have objected his actions
- May 2008 Tohme and Michael sign a finder’s agreement for Tohme introducing Michael to Colony Capital.

- Estate says Tohme didn’t tell Michael that he had a pre-existing relationship with Colony Capital
- According to the finder’s fee agreement: Michael was to give Tohme 10% of the loan amount ($2.4M), 10% from the future sale of Neverland and 10% from any future transactions with Colony Capital
- Michael didn’t have an independent lawyer and signed the finder’s fee agreement without fully understanding the deal

- Michael signed the agreement because he trusted Tohme and believed the finder’s fee amount was normal and customary. These amounts were excessive for the services provided – Tohme did nothing else but introduce Jackson to Colony
- Tohme had conflicting roles, working as a finder (motivated by getting a fee) and as Michael’s manager (obliged to vigilantly protect his interests)

To close the matter of the finder’s agreement let me note that the Estate does not say that the second 10% was to be deducted from the future sale of Neverland as the above summary puts it. No, all it says is that Tohme was to receive his 10% twice (!) – from the initial $24,5mln sum paid by Colony Capital (point a) and another 10% from whatever was left to Michael in the sale (point b). 

This can mean that points a) and b) come simultaneously which is perfectly in line with my conclusion that there was no talk about any future sale of Neverland (to some third party). No, all of it was decided then and there, when the foreclosure note was bought and a condition for passing the ownership to Colony was set.

Tohme's terms on Neverland - from the Estate's suitTohme was to receive his 10% twice – from the foreclosure sum of $24,5mln. and from whatever money Colony was to pay in order to buy out Michael’s share.  

- Michael signed the Neverland/Colony Capital agreement without having counsel independent from Tohme and not subject to Tohme’s control and authority.
– The terms of the deal were disproportionally favorable to Colony Capital and inferior to Jackson

- As Tohme had ties and interest in regards to Colony Capital, he didn’t look for better and more favorable financing options for Neverland. The Estate is informed and believes that other alternatives were available to Jackson and he suffered substantial harm as a result.

- July 2008 Tohme gets Michael to sign a “Services agreement”.

- Again MJ Estate says Michael signed because he trusted Tohme, didn’t have an independent counsel and thought it was customary.
- According to this agreement Tohme was to be paid $35,000 + expenses per month even though Michael earned nothing.
- Tohme was also to receive 15% of all gross compensations received by Michael for his services in the entertainment industry including live performances, merchandising, electronic arts, recorded and live telecasts, motion pictures, animation projects.

The above point has a direct bearing on the deal with AEG Live. If Michael, for example, was to receive a million for an AEG concert, Tohme set for himself $150,000 out of Michael’s earnings. This, as the Estate says, by far exceeds normal and customary terms for personal managers of artists.

In my opinion this fee, set by Tohme on top of everything else, is a complete outrage. I wonder very much indeed how Tohme managed to obtain Michael’s signature under these terms. What did he do to him to make him sign?

- August 2008 Tohme gets Michael to sign two Power of Attorney (POA) which gave extraordinary powers to Tohme that are “wildly beyond what was customary” as the Estate puts it
- Also Tohme gets Michael to sign an Indemnity Agreement which was again too broad.
- Again the same claims of Michael didn’t have an independent counsel, trusted Tohme, signed them without fully understanding them.
- Tohme made substantial gifts of Michael’s property without having a right to do so. In November 2008 he gifted Michael’s art to Brett Livingstone-strong and signed off Michael’s copyrights in those drawings. The POA’s don’t give Tohme the power to gift anything and transfer Michael’s copyrights to a third party.

-Tohme negotiated TII concert deal with AEG
- Tohme was supposed to get $100,000 a month as a producer fee from TII concerts. AEG would have pay this amount but then would get it back from Michael as part of production expenses
- Again the same claims about Michael signing this agreement.

It seems that the Estate chose to regard the agreement with AEG as valid. They are lawyers of course and know better, but a general observation I need to make here is that we are facing a choice here – if we consider the agreement fraudulent and void, this will nullify everything including the money Michael Jackson was entitled to. However if we regard the agreement as valid its terms including AEG’s financial obligations to Michael will remain. 

- Using his powers Tohme took possession of substantial amounts of money (in the millions) and tangible personal and other property of Michael
- Tohme commingled Michael’s funds with his own and used Michael’s money for his expenses, travel, entertainment and purchase of  property for himself
- Tohme refused to provide accounting for Michael’s money and property he handled
- The Estate says they believe Tohme is in possession of property belonging to Michael (and the Estate) and took, concealed and disposed of some of it. In accordance with the law Tohme is to pay twice the value of such property

- Estate says Tohme was fired March 2009 and Michael revoked his POA’s in April 2009 but didn’t return Michael’s property
- After Michael’s death Tohme requested significant funds from MJ Estate but refused to return the property in his possession to MJ Estate.
- Tohme didn’t return books and records over the property he handled and refuses to do so.

It seems that Tohme was giving away Michael’s property to the left and to the right. Besides misappropriating some of it for himself he also gave away the collection of Michael Jackson’s own art to artist Brett Livingston Strong which according to some estimation costs now no less than $900mln. Tohme made a gift of it to Livingston and Livingston was about to resell it to an unknown international investor for $87,7mln. 

Michael's artwork. A door

Michael’s artwork. A door

The Estate is battling to reverse the deal on the grounds that Tohme had no right to make a gift of Michael’s artwork to anyone. Especially if it costs almost a billion now.

Michael Jackson’s lawyers battling to save his $900 million secret art collection

7 Jul 2011 // by: Music-News.com Newsdesk 

Michael Jackson’s lawyers are battling to save his $900 million secret art collection.

The late ‘Thriller’ star’s ‘rare intact major collection’ has just been discovered, but rather than securing the financial future of his three children – Prince, 13, Paris, 12, and Blanket, eight – lawyers for the star are battling to reverse its $87.7 million sale to an undisclosed international businessman.

Appraiser Eric Finzi told Star magazine the 182-piece collection, which has never publicly been seen, has ‘an invaluable pedigree for future sales in the international art market’.

Michael's artwork. The portrait of George Washington

Michael’s artwork. The portrait of George Washington

He added: “Michael’s mystique in life combined with this exposure of his wonderful fine art creations following his tragic death will escalate the value of these works and the popularity of his artistic vision worldwide. I do not think we have begun to see the true value of this fine art yet.”

The collection is made up of drawings, sketches and sculptures made by the ‘Beat It’ singer over a number of years while being taught by an Australian artist and friend, Brett Livingston Strong.

Among the artworks are sketches of Martin Luther King, President Abraham Lincoln and President George Washington, said to be worth in all, more than $8.1 million, sketches of Jackson’s own feet doing his signature dance move the Moonwalk and recreations of the Statue of David and Dying Slave, the masterpiece of Renaissance sculpture by Michelangelo.

Before Michael died in August 2009 his estate was in financial trouble, yet a letter sent to Brett by Dr. Tohme Tohme – Jackson’s last business manager and spokesperson – paved the way for the sale, transferring over the collection of artwork free of charge “to keep, sell, copy, exhibit and to use in whatever way you wish’.

Michael's artwork. The Neverland gate

Michael’s artwork. The Neverland gate

Brett and his advisors are thought to have orchestrated the deal to sell off the artwork recently.

Lawyers are now questioning the validity of the letter and trying to reverse the sale.

The letter transferring the works to Brett reads: “Michael wants you to know he is truly grateful for the loyalty you have shown him over the years, and he views this as a small token of appreciation for your continued friendship and artistic partnership.” http://www.music-news.com/shownews.asp?nItemID=42472

Michael's artwork. Childhood

Michael’s artwork. Childhood

Isn’t it strange that though Michael’s finances were supposed to be in much trouble Tohme took it upon himself to give away free Michael’s precious possessions – and with no visible authorization from Michael too, except the letter Tohme himself wrote to accompany the gift?

The angar with Michael Jackson's artwork presented to Brett Livinston Strong

The angar with Michael Jackson’s artwork presented to Brett Livinston Strong http://ohnotheydidnt.livejournal.com/62053632.html

The Estate is right – no matter what extraordinary powers someone gets under a power of attorney, it absolutely does not allow him to present to others the property he doesn’t own. Otherwise whenever you make such a power of attorney you risk to lose even the chair you are sitting on now. Law sets certain limits to avoid things like that. 

THEY MADE HIM LOOK BROKE

While Tohme was squandering Michael’s artwork Tom Barrack was explaining to Michael that his financial situation was that of “a funeral”, this way making him more susceptible and agreeable to their plans.

AEG Live and the press were also notified of the catastrophic state of Michael’s affairs. Randy Phillips had no direct access to Michael’s papers while Tom Barrack did – before paying the foreclosure note he communicated with Fortress holding Michael’s loan and got his team to “crunch the numbers”. The people who looked into Michael’s finances were evidently the same accountants whom Michael hired in the spring of 2008 after they were introduced into the picture by Tom Barrack. These were also the people whom Michael dismissed a year later together with Tohme.

There is absolutely no way for us to know whether the numbers they left to Michael after they were fired were not aggravated by them while they were still at it. The Estate for example is of the opinion that Tohme had misappropriated some of Michael’s property and up till now did not receive any records from him.

The article written in November 2010 explains that Tom Barrack described to Michael his finances in so sombre a way that poor Michael had to struggle with it for three days before he finally agreed to go to work for AEG:

“Barrack had a relationship with the loan holder, Fortress, and was able to get an extension to give his Colony team time to crunch the numbers. They concluded that the only way to make a deal work would be for Jackson to start generating new revenue, which meant performing old material.

Two days later, Barrack called Jackson. “I told him: ‘Where you are is an insolvable puzzle unless you’re willing to go back to work. If you’re willing to do that, then we can help, but if you’re not willing to do that, it’s just presiding over a funeral.’ ”

At first, Jackson demurred. “He really had a hard time with that, and he struggled for about three days. Finally, he calls back and says, ‘You’re right, I’ll do it.’http://nymag.com/news/business/69782/index2.html

Even from the articles available to us we see that Barrack indeed tried to paint Michael’s circumstances in the darkest colors possible. Thus he implied to the press that Michael’s living conditions were dismal and from the way he described it one might think that Michael had to live in a dingy hole: 

 “The world’s bestselling male pop artist was hunkered down with his three children in a dumpy housing compound in an older section of town. At 49, he was awash in nearly $400 million of debt and so frail that he greeted visitors in a wheelchair. The rich international friends who offered him refuge after his 2005 acquittal on molestation charges had fallen away. His Santa Barbara ranch, Neverland, was about to be sold at public auction. http://articles.latimes.com/2009/may/31/entertainment/et-michael-jackson31

Another article alleged that Barrack grudgingly agreed to meet Jackson as he resented the idea of spending half an hour with him in some “weird” house of his:

Jackson was facing a crisis, Tohme said. The holder of $270 million in loans to Jackson was foreclosing on Neverland and planned to sell it in five days. Would Barrack meet with Jackson? “It’s so not Tom’s thing,” Lowe says. “Getting roped into spending half an hour with Michael Jackson in some weird house is just not on his agenda.”

Somewhat grudgingly, Barrack arrived at Jackson’s fifties stucco rental on Palomino Lane. “Not one blade of grass,” Barrack says. “The house was old and musty.”

http://nymag.com/news/business/69782/index2.html

In this house Michael Jackson lived from end of December 2006 to beginning of 2008

In this house Michael Jackson lived from end of December 2006 to beginning of 2008

After all these descriptions we were naturally curious to see how those houses looked. On the left you will see the house rented for Michael by Jack Wishna (recently it was sold for $3,1 mln.). In this house Michael lived from December 2006 when he arrived from Ireland until early 2008, when he moved into a more modest Mexican-style hacienda.

In Hacienda Palomino Michael spent the remaining months of 2008 before he moved to Los Angeles sometime in August 2008. The owners of the Hacienda arranged a tour of their house on the second anniversary of Michael’s death and this is how we got some pictures of it.

Hacienda Palomino

Hacienda Palomino

The house is not as grand as the first one, but is still hardly reminiscent of the hole Tom Barrack was trying to portray. I was especially amused by Barrack’s statement that there was “not a blade of grass” there. True, there was hardly any grass there as it was a garden full of cactuses and palms and there are tiles and stones all around the house because it is the style of that property, you know.

The owners of Hacienda Palomino opened up their house on the 2nd anniversary of Michael's death

The owners of Hacienda Palomino opened up their house on the 2nd anniversary of Michael’s death

The media will naturally say that Michael was living an opulent style which he could not afford. This may be partially true as Michael himself did not know the state of his finances. But the point I am trying to make is that Tom Barrack did try to portray Michael’s affairs in the light worse than it really was. I myself had so terrible an impression of the living conditions in which Michael allegedly lived that didn’t even want to have a look until I was forced to do so after some discussion in the comments.

Hacienda 2Michael’s situation was far from good, that’s true. But even the success of the Estate after his death shows that with proper management it could have been corrected. Even the Cirque du Soleil project offered by Jack Wishna could have worked wonders for Michael at the time, not to mention the fact that in the very worst case even the catalog could be discarded if it had to be done to sanitize the situation. In short some opportunities were still open to Michael and in their suit against Tohme the Estate also speaks about it. 

The rooms of Hacienda remind me of Neverland

The rooms of Hacienda remind me of Neverland

Actually the fact that Michael’s situation was painted worse than it really was, was confirmed by Randy Phillips himself.

 On the one hand he dutifully repeated what Tohme told him and used it to get Michael on the hook:

Randy Phillips, AEG chief executive, said: “I got a call from Dr. Tohme, who said Michael was in bad financial straits”
http://www.chocolatecity.cc/2009/07/25/why-was-dr-tohme-secretly-keeping-michael-jackson-millions/

"Not a blade of grass", said Tom Barrack. Indeed, not a blade of grass...

“Not a blade of grass”, said Tom Barrack. Indeed, not a blade of grass…

But on the other hand he also said something different. To the Daily Telegraph for example he said that Michael’s finances were actually not that dire – “they were making out his finances much more dire than they really were”. It was cash that he needed most.

What made Randy Phillips so outspoken to the press I don’t know – probably the shrill of seeing Michael selling a million tickets within some seconds. The article is dated exactly that period: 

14 Mar 2009

“We finally made Mohammed come to the mountain of the O2,” Phillips grins. Jackson refused twice, but several months ago, the idea arose as the superstar was putting together a restructuring plan for his finances. Not hat we should believe rumours that Jackson is struggling, after spending a fortune on security and lawyers after his famous child abuse trial – which ended with his acquittal.

“They make out Michael’s finances are much more dire than they are,” Phillips assures me. But he needed the cash, right? “I asked him straight off: why say yes to the tour now? Was it the money? He said: you know what, my kids are old enough now.” Jackson agreed to do 10 dates for AEG, before relenting to 40 more. The star “worships” London, but plans to stay in a country house where his children can play. If any Daily Telegraph readers have a plush rural pad for rent, Phillips wants to know.

http://www.telegraph.co.uk/finance/newsbysector/mediatechnologyandtelecoms/4987420/Randy-Phillips-profile-Michael-Jacksons-promoter-is-making-all-the-right-moves.html

So this is what Randy Phillips thought of Michael’s situation?

·        “They make out Michael’s finances are much more dire than they are”. 

THE EMAILS

The above is indeed a precious observation on the part of Randy Phillips especially if you compare it with some emails the AEG people exchanged between themselves on the matter of Michael’s finances. The emails said: 

Pressed by another promoter about Jackson’s ability to deliver, Phillips shot back in an email, “He has to or financial disaster awaits.”
“We are holding all the risk,” Gongaware wrote to Phillips. “We let Mikey know just what this will cost him in terms of him making money…

“He is locked. He has no choice … he signed a contract,” Gongaware wrote.

http://articles.latimes.com/2012/sep/02/local/la-me-aeg-jackson-20120902

But look here. Independent of what Michael’s finances really were, the statement by Randy Phillips about the imminent financial disaster and the earlier one about the state of affairs being not that dire, means that he was expressing two opposite ideas. How can that be? Does it mean that he was lying in one case and was telling the truth in the other?  

My opinion is that both times Randy Phillips was telling the truth, only he was talking about two different situations. The first time he was talking about Michael’s finances in general, and in the emails he and other AEG officials exchanged they talked of the situation they themselves created for Michael.

Indeed, the terms of their contract were so unfavorable to Michael that after signing their papers he became sort of their hostage. Now he could be really threatened by an imminent disaster in case he tried to back out of the deal and easily blackmailed into any decision they wanted him to take. I myself was telling you in numerous posts about their contract that in case there was a cancellation Michael would have been stripped naked by his AEG partners.

There is one more point we need to make as regards those emails and all those “risks” AEG allegedly had as well as their worries about Michael non-performing. 

First, there were no risks for AEG as the money they invested in Michael was secured by all his possessions according to the Promissory Note he signed. so all the risk was on Michael’s side only.

And second, there was no need to worry about Michael not keeping his word. There was no way he would go back on it and draw out of his agreement with AEG Live. He had a much bigger incentive for performing than any of these people could ever imagine – he wanted to do those ten concerts for his children and knowing how much he valued everything connected with them we will understand that with the children being his main driving force no power on earth could stop him from performing – except death of course.

WHY HE WANTED THOSE CONCERTS

Randy Phillips always stressed that the strongest motive for Michael to agree to the London tour was his desire to show his art to his children. This statement was repeated so often and by so many people besides Phillips that I also began to think that this was indeed the biggest incentive for Michael to perform. Money was always of secondary importance to him while the children were his utmost value, and the first and only priority in life.

Almost every person who came into contact with Michael said that he wanted those concerts primarily for his children (in addition to his fans):

Those who know Jackson say his real motivation is to show his children what he is capable of.

http://www.dailymail.co.uk/tvshowbiz/article-1170856/As-concern-grows-voice-health-mental-state-ask-Has-Jacko-40m-date-disaster.html

“He’s doing it mostly for his fans,” Jackson’s former spokesman Dr. Tohme Tohme tells RS. “And he’s doing it for his children and the children of the world.”http://www.rollingstone.com/music/news/inside-michael-jacksons-troubled-london-comeback-20090625

Phillips had his eye on Jackson for some time. In 2007, Phillips had approached the singer with a deal for a comeback, but Jackson, who was working with different advisors, turned him down. “He wasn’t ready,” Phillips recalled.

This time, however, Jackson was receptive. He needed the money, and he has a second, more personal reason: His children — sons Prince Michael, 7, and Michael Joseph Jackson Jr., 12, and daughter Paris Michael Katherine, 11 — have never seen him perform live.

“They are old enough to appreciate and understand what I do, and I am still young enough to do it,” Phillips quoted Jackson as saying. http://articles.latimes.com/2009/may/31/entertainment/et-michael-jackson31/2

Even our old friend Stacy Brown is saying the same:

Michael had reportedly planned for 12-year-old Prince Michael to sing and dance with him, his friend and biographer Stacy Brown has claimed.

According to the writer, the 50-year-old singer “didn’t really want to do any of the shows” but was spurred on by his three children, Prince Michael, Paris, 11, and seven-year-old Prince Michael II.

He added: “Michael really wanted his children to see him perform.”

Besides Stacy Brown the article also cites Michael’s photographer who said that Michael was so focused on the shows and so hopeful for his family and fans to see them that he reminded him of an “expectant father pacing up and down the stage”:

Kevin Mazur, a photographer who was taking pictures of Michael rehearsing and spoke to the singer during his practice sessions [ ] said the singer was shouting: “This is me. The true me. I feel so alive. I feel as though I want to perform forever.

“The only thing missing is my fans, my people, my family – and they will come. I know they will. I’m so happy. Can you feel it? Can you feel it?” Kevin added: “It was incredible. It was a joy to behold. You could tell Michael was so excited.

“He was like an expectant father pacing up and down the stage. He was just so focused. I have never seen him so happy.” http://www.tourdates.co.uk/news/14072-jackson-5-to-stage-tribute-show

But most of it is coming from Kenny Ortega. He says that Michael’s children knew of his performances but were curious to see them live. Michael wanted to show to his children what he had been doing all his life and share this experience with them. He wanted the children to meet his fans and turn the concerts into the final grand bow:

“For the last couple of years, we had been talking about finding the right project. That it had to have meaning, real purpose behind it for him to want to do something. And when he called me, he said, ‘This is it.’ That’s where the title came from,” he says. “He wanted this so much for so many reasons. For his children, who are now old enough and really, you know, curious [about his performances]“  http://www.oprah.com/entertainment/Michael-Jacksons-This-Is-It/3

“Michael was intending to go out there with his children and see the whole rest of the world, share that experience with them, meet the fans, take one more grand bow, and then he wanted to pull the plug on his live performing because he said, ‘I don’t want to be out there doing it when I can’t do it with the integrity that I’m known for. However, let’s make movies and great albums and develop projects together.’ So he was excited about so much. He had so much more in him still.” http://movies.about.com/od/michaeljacksonthisisit/a/kenny-ortega_2.htm

Kenny Ortega also paints a much bigger picture of Michael’s motives for those concerts which ranged from involving his children in life creatively to turning his shows a “call to arms” as Michael was going to say to the world, “Come on world, take responsibility”:

As the director explained, for MJ, those powerful reasons numbered three: his family, his fans and his hope for — and yes, his love of — the future of humanity. “He wanted to do it because he wanted to involve his children in his life creatively,” he said. “He wanted them to be able to experience what it was, that he loved his whole life, now that they were curious, old enough to be able to appreciate it, and he was still young enough to do it.”

Additionally, Jackson wanted to reward his loyal fanbase with a live show — not just featuring the King of Pop, but one he wanted to be bigger and badder than any other before it. “The fans meant everything to Michael,” Ortega told us. “They were his food, his fuel, his life source, his energy, and he was energized by them and he appreciated their loyalty more than I can ever say. This film is for the fans.”

But in the end, love was really the driving force behind the concerts. “Most importantly, Michael wanted to do this because he wanted this to be a call to arms,” Ortega said. “This is it. Come on world, take responsibility. We need to love each other more, put more love back into the world. We need to take care of the planet or we’re not going to have one for future generations.”

http://www.mtv.com/news/articles/1624516/michael-jacksons-this-it-director-explains-reasons-comeback-shows.jhtml

Money is not even mentioned by any of these people. And Michael himself never mentioned money in connection with those concerts either. He was recorded by Murray when falling asleep and in moments like that people betray their innermost desires, and I never cease to be amazed that at a moment like that Michael spoke of spending money instead of acquiring it. And that he dreamed of spending money not on himself, but on a children’s hospital built for the little angels he cared for. And he didn’t even mention money but spoke of God instead:

Jackson:  Elvis didn’t do it.  Beatles didn’t do it.  We have to be phenomenal.  When people leave this show, when people leave my show, I am them to say, “I’ve never seen nothing like this in my life.  Go. Go.  I’ve never seen nothing like this.  Go. It’s amazing.  He’s the greatest entertainer in the world.”  I’m taking that money, a million children, children’s hospital, the biggest in the world, Michael Jackson’s Children’s Hospital.  Gonna have a movie theater, game room. Children are depressed. The –in those hospitals, no game room, no movie theater. They’re sick because they’re depressed.  Their mind is depressing them.  I want to give them that.  I care about them, them angels.  God wants me to do it.  God wants me to do it.  I’m gonna do it, Conrad.

Murray:  I know you would.

Jackson: Don’t have enough hope, no more hope.  That’s the next generation that’s gonna save out planet, starting with-we’ll talk about it.  United States, Europe, Prague, my babies.  They walk around with no mother.  They drop them off, they leave- a psychological degradation of that.  They reach out to me- please take me with you.

Murray: Mmmnh-mmnh

Jackson: I’m gonna do that for them.  That will be remembered more than my performances.  My performances will be up there helping my children and always be my dream.  I love them.  I love them, because I didn’t have a childhood.  I had no childhood.  I feel their pain. I feel their hurt.  I can deal with it.  “Heal the World,” “We are the World,” “Will You be There,” “The Lost Children.”  These are the songs I’ve written because I hurt, you know, I hurt.

Murray: You okay?

Jackson: I am asleep.

 (As a side note on the above recording  why does Murray reply to Michael’s “I’m gonna do it” with “I know you would?” )

You will probably agree with me that with a driving force like Michael’s children he would have done any number of concerts there were to do. The only condition required for it was the right schedule and enough time for rest and sleep between the concerts. As to the rest of it Michael was so highly motivated for those shows that he would have never cancelled them at a mere whim. He rarely did it before without a proper rescheduling and he was absolutely not going to do it now.

This makes all those ‘worries’ about the concerts expressed by the AEG people totally unjustified. If Michael did not attend some rehearsals it was most probably because he either practiced at home or needed to save his energy. He also expected his partners to do their part of the deal – their business was to make the show ready and his business was to put the final touch to it.

In this connection Randy Phillips often recalled Michael saying,

  • “You build the house and I come, put in the front door and paint it”.

THE SHOWS WERE NOT READY

However by June 25th when Michael Jackson died the shows were far from ready. I hope there will be a time to talk about this fact in more detail and at the moment will only quote Kenny Ortega who in his conversation with Oprah Winfrey suddenly blurted out that truth. And the truth is that on June 25th “they were about three weeks from being ready”:

Now, the director and choreographer is releasing his most heartbreaking—and inspiring—project yet in honor of Michael Jackson, his friend of 25 years. Michael Jackson’s This Is It is an unguarded look at the King of Pop’s final days as he prepared for a series of comeback concerts in London. “We were about eight days away from leaving to London to do our final technical and dress rehearsals,” Kenny says. “We were about three weeks from being ready.” http://www.oprah.com/entertainment/Michael-Jacksons-This-Is-It

Three weeks is 21 days as everyone knows, but if you add 5 or 6 days remaining in June and 12 days in July (the 13th was Sunday and the day of the premiere) it will make 17-18 days only. If you further deduct from this number the days-off and the time needed for moving the show to London you will be amazed at how little time they actually had. 

Michael Jackson was supposed to leave for London on July 4th and on the 8th he was to have his first London rehearsal, and this left to him and the others only 9 working days excluding Saturdays and Sunday. If you add Saturdays too this will be all they had for finishing up the show.

Please mind that Michael needed a comfortable schedule for himself which would allow him to reach the shows in his peak form, save his energy and voice, and not allow him to “burn out” before anything started at all – however the too little time left was not giving him any chance to relax.

Whether AEG was pressuring him on purpose or due to their mistakes in planning does not really matter – even if the pressure was a forced measure it means that their production process left much to be desired and all the mistakes they themselves made were to be compensated at the expense of Michael Jackson and the tremendous burden of overwork they were placing on his shoulders.

Answering AEG's interrogatory Paris Jackson said her father told her that he was overworked and the schedule was "too much"

Answering AEG’s interrogatory Paris Jackson said her father told her that he was overworked and the schedule was “too much”

An anonymous witness to those events shared his view of the show on the eve of their move to London and said that nothing was actually ready for it.

We cannot dispute the opinion of this person as this is one of those rare cases when no one even needs the confirmation of his words. We have seen “This is it” documentary with our own eyes and it illustrated everything this person said – the costumes were indeed not ready and when they were finally made and decorated with thousands of Swarovsky crystals they were good for a museum only as I doubt very much that Michael would be able to dance under all their weight.

The videos were not yet shot either, the robot equipment was not yet there and even in the film some scenes were a computer simulation only. Some of the songs were to be included in the set but had not even been started. In short what this witness to the events said perfectly coincides with out own impression of it.

This is what the person who heard the account of that witness put down:

“According to this person, there was absolutely no way the concert was going to be ready for opening night on July 13th, and everyone knew it.

He asked me the following “when you saw the movie, you do realize right that they had to show the best scenes, the best performances, right?” I said “yes, of course” to which he replied “so do you realize that what you have seen, most of it came from June 24th, 23rd and 22nd ? Based on what you saw, did it feel as if everything was going to be ready in 2 weeks ?” He said that Michael did not have his clothes ready, and that there was “pathetic” @#$%$ing around from different stylists that were trying to come up with ideas. But nothing was ready, no clothes, not even for the dancers. Michael wanted Michael Bush, but Travis Payne brought in that Zaldy guy, and AEG was behind Zaldy, rather than Michael Bush.

The opening number for the concert was only done on the computer, just like we saw in the movie. It was never rehearsed, and the robot that Michael would have come out from was not ever ready. Also the closing of the show was just a concept.

He also confirmed that they never had a full rehearsal. In other words, they never practiced the whole concert, it would always be a few songs on several days, but it was never put all together, therefore they were also very concerned that once everything was gonna put together, it would take much longer that the 2 hours originally planned. This was going to be a huge problem for AEG and the O2 arena, because of an agreement they had with time. Also, Michael did not want to have long shows, for obvious reasons.

Also, they never rehearsed with implementing the videos for Smooth, Thriller and Earth as we saw in the movie, those were edited in the movie, but they never rehearsed using them, and it was still unclear how they would be used with the songs, especially Smooth Criminal.”

And this was the state of affairs at the very end of June, some two working weeks before the shows? They still needed time for taking the show across the ocean, setting up the equipment there, finishing up the costumes and rehearing some previously unrehearsed songs, running the full show from beginning to end and arranging at least one dress rehearsal prior to the premiere – and for all this they had some 9-12 working days?

And if all this leaves us with a terribly disquieting feeling, how much more worried and apprehensive must have been Michael Jackson seeing all that? No wonder that he was nervous and even said to his fans as Talitha remembers:

MJ: I put everything I have into the shows. I work so hard. But I’m only one person. There is only so much I can do. (sounding emotional)

http://www.michaeljacksonthelastangel.com/michael-jackson-this-is-it.html

Michael was urging his partners, “Build the house and I’ll come and paint the front door”. He was asking them to do what was expected of them so that he could make his own input and “paint the front door”. However the house was far from ready and that’s the main point of it.

IRRELEVANT QUESTIONS

When trying to use some old articles stored on my computer in connection with this story I encountered a worrisome phenomenon.

First of all many of the articles listing Tohme’s feats against Jackson have suddenly disappeared. The Forbes and the deathby1000papercuts articles are no longer there and many others are also missing. Practically everything that can give us some information about the details of Tohme’s business with Michael is missing now.

Second, a big number of glowing reports about Dr. Tohme appeared. Over there he is painted a kind of a savior of Michael Jackson and his work for him is praised in a totally flagrant manner. 

And third, when I once again watched Randy Phillips’ testimony at Conrad Murray’s trial it struck me very much how unnaturaly Prosecutor Walgren and the Judge avoided almost all questions concerning Tohme.

Chernoff asked questions whether Phillips knew Tohme, had met him before or recognized him. But not a single of these questions was allowed by Walgren and the judge. The vehemence of their objection to these seemingly innocent questions is simply overwhelming and is telling a story of its own. It points to the fact that Phillips and Tohme evidently did know each other before and this for some reason must have a certain importance for the case.

This made me recall that there was some information on the Internet saying that Tohme and Phillips were related by marriage  – Tohme’s was previously married to Phillips’s sister. Initially I did not pay any attention to this fact (what does it matter who was married to whom?), but after the prosecutor and the judge made such a show of it I now tend to believe that this must be something really significant for the matter we are discussing here i.e. Michael’s last concerts arranged by AEG.

The shows were after all arranged by means of a fraudulent contract which was handled by Phillips and Tohme, and their number could be increased to 50 also only through a deep personal understanding between these two people. And the minimal spacing between the shows was also the doing of personally Tohme and Randy Phillips as Phillips himself said that it was him and Tohme who were working on all Michael Jackson’s dates.

Yes, to CelebrityAccess Randy Phillips said exactly what I have just said – that it was him and Tohme who worked in connection with all of Michael Jackson’s dates.

Consequently it is only the two of them who are responsible for the crazy schedule with hardly any days-off between the shows which were set for the 50 year old Jackson:

AEG’s Randy Phillips told CelebrityAccesss that they have been working with Dr. Tohme Tohme in connection with all of Michael Jackson’s dates.

http://encore.celebrityaccess.com/index.php?encoreId=184&articleId=30345

In these circumstances the fact of their former relationship and probably friendship will not look that innocent as it seemed to me at the beginning.  

Here is the way Chernoff examined Randy Phillips on day 17 of the trial, September 25, 2011 and how he was rebuffed at the first attempt to find whether Randy Phillips knew Tohme before. Almost all questions concerning Colony Capital are blocked too. It starts at around 6:30:

Chernoff: Is Colony Capital an entertainment company?

Phillips: Not to my knowledge.

C: And entertainment agency?

P: No.

C: What kind of a company is it?

P: My knowledge of it is that it is that they are like a private equity fund.

C: And the owner, the principal of that company is Tom Barrack?

P: Right. I think there are numerous partners.

C: Who did Tom Barrack contact with? You directly?

P: No, he actually contacted Phil Anschutz.

C: Who is Phil Anschutz?

P: He is the chairman of AEG and is someone I report to.

C: He is the Anschutz Entertainment Group?

P: Yes, he is.

C: And Tom Barrack knew Phil Anschutz to your knowledge?

P: I believe so.

C: And you were contacted by Phil Anschutz?

P: Correct.

C: Were you familiar with the involvement Tom Barrack had with Michael Jackson?

Walgren: Objection. Relevance.

Judge: Sustained.

C: When Phil Anschutz called you what instructions did he give you?

Walgren: Objection. Relevance.

Judge: I will sustain the objection. I think we can go to the next step. Thank you.

C: After the conversation, after the boss called you, what did you do?

P: I set up an appointment for me to go and meet with Mr. Barrack  and his partner Richard Nannula at Colony Capital. [the spelling of the name is the way I hear it]

C: And this was where?

P: At Century City. Century City, California, Los Angeles.

C: You made up a phone call and set up a meeting.

P: That’s correct.

C: How soon did you meet with Tom Barrack and his partners?

P: I believe it was the next day or the day after next to the best of my recollection.

C: All right. And then what happened?

P: [...]  and I had a meeting with them. Tom Barrack [..] I think it was Richard Nannula who is the partner at Colony Capital who pretty much led the meeting and who explained to me that Colony Capital had purchased the note on Neverland, Michael’s ranch in the Santa Barbara County and purchased the note on his ranch from the company called Fortress.

C: All right. And what does it have to do with the concerts?

Walgren: Objection. Relevance.

Judge: Sustained.

C: Was there a conversation about a concert during this meeting? Or concert tour? A series?

P: When Richard Nannula…

Judge: Will you just answer this specific question?

P: Yes.

C: Who had that conversation?

P: Me, Richard Nannula and Tom Barrack. 

C: After this discussion of the concert what did you do next?

P: They set up a meeting for me with a gentleman named Dr. Tohme who was presented to me as Michael Jackson’s manager at that time.

C: Dr. Tohme?

P: Correct.

C: And the meeting was already set up?

P: It was set up during that meeting at Colony.

C: And where was this meeting held?

P: At the Bel Air Hotel.

C: And when was this meeting held?

P: I am not sure. I would be the same day or the next day.. I believe it was the same week that I met the Colony Capital.

C: You did say you had a meeting at Colony Capital in August 2008?

P: Right.

C: That would be August you had this meeting?

P: That is correct.

C: And it was at the Bel Air Hotel?

P: Yes.

C: The next day you went to the Bel Air Hotel to meet with Dr. Tohme? Had you ever met Dr. Tohme?

Walgren: Objection. Relevance.

Judge: Sustained.

C: Did you know Dr. Tohme?

Walgren: Objection. Relevance.

Judge: Sustained. Let’s get to the next step. Thank you.

C: Did you recognize Dr. Tohme?

Walgren: Objection. Relevance.

Judge: Just a moment. The objection is sustained. There was a meeting. The next question.

C: Can you tell us where in the Bel Air Hotel the meeting was?

Walgren: Objection. Relevance.

Judge: Sustained.

C: We can agree that somewhere within the confines of the Bel Air Hotel you met with Dr. Tohme, right?

P: Just to clarify your question. I am not sure it was the next day.

C: But you did meet with Dr. Tohme?

P: That is correct.

C: Who else was at the meeting?

P. Just Dr. Tohme.

C: And what was the discussion about?

P. That Michael Jackson ..

Walgren: Objection. Does it have to do with the proposed concert tour?

Judge: Does it have to do with the proposed concert tour?

P: Yes. .. that Michael Jackson wanted to restart his career…

 

All I can say on the above is that if the civil trial against AEG Live goes along the same lines, I am afraid we cannot expect much justice for Michael Jackson and his family. All the questions relevant for the family (and Michael’s supporters) may be considered irrelevant by them while they are perfectly relevant for us and for the truth too.

Well, we’ll see how this justice works in the conditions of so many billionaires around and when some people are tied to other people by former marriage links and newly shared secrets cementing their relationship. 

Previously I’ve read an article with an interesting title “Can Michael Jackson get justice in a town owned by AEG?” However following the already mentioned tendency of disappearance of some articles this one disappeared too and is no longer available though I clearly remember reading it and even in several sources too.  

Instead a new article appeared – it is called “AEG’s chief is a force in L.A” and is about Tim Leiweke, the President and CEO of AEG. Its three pages are fully dedicated to all the good AEG is doing for the city but a couple of paragraphs insert a drop of criticism and try to show how unbiased the paper is towards this huge LA force:

Tim Leiweke of Anschutz Entertainment Group stands atop the new 52-story Ritz-Carlton tower at L.A. Live. (Jay L. Clendenin / Los Angeles Times)

Those who praise him see Leiweke as an exemplar of what Los Angeles has long lacked — a smart, savvy player who can link arms with financial backers, politicians and unionized workers with equal gusto. In an era when the city can do little development on its own, he and AEG have helped fill a major civic void, doing what many would consider city-building on mostly private land.

…To critics, however, Leiweke is a classic example of an influence peddler who curries favor with lawmakers through huge financial donations and gets, in turn, handouts in the form of tax breaks and a rubber stamp on his vision. The company received approximately $246 million in tax breaks on the L.A. Live project alone — plus a grant of $5 million from redevelopment funds.

“There is a feeling that things are out of balance in the attention the city is paying to that area, to downtown in general and in particular to that area around Staples [Center] and L.A. Live,” said Dennis Hathaway, of the Coalition to Ban Billboard Blight, which has tangled repeatedly with AEG. “And there’s a perception that AEG has kind of become the tail that is wagging the dog of the city.”

http://articles.latimes.com/2010/feb/07/local/la-me-leiweke7-2010feb07

With a force like it is hard to expect anything good for Katherine Jackson and her lawsuit, especially since the crucial points have already been thrown away and are not going to be discussed. Therefore we are most probably in for a new barrage of “irrelevant” questions asked and never answered. And in the place of the Jacksons’ lawyers I wouldn’t be that confident of the result of the case no matter how solid it looks to them.

Well, we’ll see how the justice works. The world will be watching.


Filed under: AEG THE HORRIBLE, The SOCIETY Tagged: Colony Capital, Conrad Murray, Michael Jackson, Neverland Ranch, Randy Phillips, the Estate, Tim Leiweke, Tohme, Tom Barrack

Conrad Murray’s contract with AEG Live

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It is obvious that prior to the AEG trial we need to refresh our knowledge of Conrad Murray’s contract with AEG. The last time we spoke about it was so long ago that few of us remember what it was all about. Now a fresh look is needed especially since a new look always helps to see things clearer and notice what was overlooked before.

The two drafts of Murray/AEG contract are found in Joe Jackson’s lawsuit. Last year (February 21, 2012) this lawsuit was thrown out as a double to Katherine’s and though it wasn’t a complete double I agree that it is strange to have two suits from one family against the same company. The judge said that Katherine’s lawsuit came first so Joe’s had to go:

 A judge has thrown out Joe Jackson’s wrongful death lawsuit against Dr. Conrad Murray and AEG, but only because his wife Katherine Jackson already has a similar suit pending – both on her behalf, and on behalf of Jackson’s three kids, reports TMZ.

The judge said you can’t have two suits that allege the exact same thing, and since Katherine filed first Joe’s was tossed, the website reported.

http://www.eurweb.com/2012/02/mj-papa-joes-lawsuit-tossed-estate-tohme-sue-each-other/

Whatever is the case with  Joe Jackson’s papers they are a great help to us as they provide invaluable information about Conrad Murray’s contract with AEG and his correspondence with Timm Woolley of AEG prior to making it. Its final variant was signed by Murray on June 24th one day before Michael Jackson’s death. No one else signed it but Murray.

Michael wasn’t a party to the contract but there was a blank space left for his signature on the last page of the document and AEG said he simply had no time to sign the document – which is why it never came into effect.

When I cast a second glance at these documents the situation became much clearer to me.

THE DATES

As you remember we have two drafts of Murray’s contract which are almost identical – except for the date in the opening sentence of each contract and the period of concerts mentioned there (one covers the first leg of the shows until September, and the second covers both legs of the shows until March).

So the first big discovery I made when looking at those two contracts was that the dates mentioned in the opening paragraph of each of them had nothing to do with the dates when these documents were made. It is even surprising that such a simple thing could be overlooked before.

One variant of the contract starts with: “This independent contractor agreement … is made effective as of May 1, 2009”.

And the other variant says that “the agreement is made effective as of June 2009” (no specific date is mentioned there).

For easier illustration I’ve combined the front page of each contract with its last page, and below you will see the so-called May 1st variant of it (the documents were originally posted by TeamMichaelJackson, so their logo will appear across all the papers provided here):

May 1 front and last page combination

And this is  how the so-called June variant of Murray’s contract looks like:

June combination of front and last pages

Initially all of us assumed that the May variant was made in May and the June variant was made in June and the reason for the mistake was in looking at the front pages only. However if you look at the last pages of the same drafts you see that what looks like the “May 1st” variant is actually dated June 24th, while the so-called “June” variant is not dated at all.

Now that we see the whole picture the June 24th date on the last page turns the “May” version into the final variant of the contract while the “June” paper becomes just an earlier and preliminary draft of it.

Since both texts are almost identical we can assume that the time span between them was minimal. One of AEG’s emails says that the preliminary contract was sent to Murray on June 23th, then was corrected at his request and signed on June 24th, so there are reasons to believe that both variants were made within a day or two.

Okay, but what does the discovery of the dates tell us?

It tells us that the AEG people wanted June 2009 to be considered the effective date of their contract with Murray.

And what is the effective date of a contract?

It is the date when the contract “takes effect” or starts. The effective date is different from the date of signing it – you may sign now but the contract will start only half a year later, when all the terms of the contract also take effect.

On rare occasions the opposite variant is also possible – you sign now, but the contract already began to be implemented. This is Murray’s case and the right word for it is “backdating” the document, I think.

Now the question is - why did AEG want to state the June date as the effective date of the contract?

A short answer to this question is because they wanted to deceive Murray. They did not want to pay him for his work in May and early June, but didn’t want him to know about it until after he signed his contract. If the contract became effective in June, the payment was to begin from June too, irrespective of all their prior agreements and promises. The same applied to all other terms of the contract – supply of medical equipment for Michael Jackson, for example, which was one of AEG’s primary obligations under the contract.

The trick with the dates is easy and does not  require much effort from a fraudster – you shift the effective date of the contract to another day and part of your obligations fall off by themselves. You don’t have to pay to your partner for a substantial period of time and the date whey you were supposed to provide medical equipment is also happily shifted to a much later date.

Only in Murray’s case the trick did not work. Most probably it was Murray’s lawyer who didn’t allow AEG to get away with their jokes and demanded that they should specify the real date when Murray began his work (judging by their contract it was May 1st). AEG Live had to comply with the corrections and agreed to state that the contract was effective since May 1st and this is how we come to the final variant of it signed by Murray.

Well, didn’t I tell you that doing business with AEG Live is a thrill? With people like that you never know what is awaiting you at the next corner…

For those of you who are interested in the problem here are some answers about the effective date in a contract:

What does effective date mean in a contract?

  • Definition of effective date: The date on which an agreement, such as a contract or insurance policy, takes effect. –
  • The effective date is the date that the agreement becomes effective and can be a specified date other than the date the agreement was signed. The execution date is the date that the party signs the document.

http://www.askives.com/what-does-effective-date-mean-in-a-contract.html

So in the case of Murray’s contract the effective date was May 1, 2009 and the execution date was June 24, 2009 when the contract was signed at least by one of the parties. AEG thinks that it didn’t become valid because they as the other party did not sign it. They said they needed Michael Jackson’s signature for that.

THEY STARTED EARLY BUT WAITED UNTIL LATE

The email below explains to us that Conrad Murray did indeed show the AEG contract to his lawyer after which he was ready to sign it – only these arrangements were made as early as the middle of May.

The email I refer to is dated May 15th and Murray makes it a point there that he is ready to sign, is “fully engaged” with Michael and that his work started in accordance with the earlier agreement with AEG which was confirmed by the memo sent to him by Timm Woolley on May 8, 2009.

It seems that Murray is taking every opportunity to fix in his correspondence with AEG the current state of affairs for each particular moment in time so that AEG cannot go back on their word later. After all he is working on the basis of an oral agreement only backed by nothing but a couple of emails only:

From Conrad Murray

Friday May 15, 2009

To Tim Woolley

Dear Tim,

Thank you for your correspondence. With respect to the contractual agreement in respect to Mr. Jackson and the upcoming concert tour; it was also for me a great pleasure to meet you even more I look forward to meeting you personally. I am basically in agreement and reiterate that your memo is correct pursuant to our conversation of May 8, 2009. In reference to the international health coverage I would also like to have the opportunity to include members of my family i.e. wife and children. The family cost of the health insurance excluding myself will be solely at my expense.

If you would be kind enough to adopt the contract I will have to peruse by my attorney so that the verbiage is clear and correct for all of us. Once that is done I will be ready for signing. As for good faith with my client I am sure that you are aware that my services are already fully engaged with Mr. Jackson. I wish you and yours all the best and I look forward for a quick response so we can close this matter.

Sincerely,

Conrad

May 15, 2009 Murray will be ready to sign

Now that we know that AEG wanted to play on Murray a dirty trick with the dates, we also realize that this way they not only wanted to avoid payments to him but also wanted to avoid the delivery of the medical equipment he requested.

PRETEXTS

14- Murray refused to take money from MJ, fluids

Dr. Murray always refused to take money from Michael. One time Michael asked Responding Party to give Dr. Murray money but Dr. Murrey refused.  [Paris Jackson's answers to the AEG interrogatory]

AEG will surely explain that their non-payments to Murray were the result of Michael’s unwillingness to sign Murray’s contract and the need to “economize”. This will be a lie as Paris replied in her written interrogatory for AEG that her father offered his own money to Murray but he refused.

Non-provision by AEG of medical equipment to Murray will be a much more difficult issue to explain. The equipment was to be provided to Murray “during the term” which was beginning on May 1st but the specific date of the provision was not mentioned. I presume that the equipment was to be supplied at the very beginning of the term and that this point was discussed at preliminary negotiations.

Considering that the final variant of the contract was made about two months after the first oral agreement by then AEG knew perfectly well that non-delivery of the equipment was their big fault, so they worded the clause about the equipment in an extremely vague manner. The wording is such that if they provided the equipment on the last day of the term it would be okay too.

However since the equipment was part of Murray’s services there could be a round-about-way of proving that they should have delivered it in the first days of his work.

What is more than clear though is that Michael could not be interested in delaying provision of the equipment (and consequently delaying the contract). It is also clear that the only party interested in such a delay was AEG Live.

This is how their obligation looked like in the contract:

“3.3. Producer shall provide Dr. Murray for his use during the Term with medical equipment requested by Dr. Murray to assist him in performing the Services as approved by Producer (“Equipment”). The Equipment will include a portable cardio pulmonary resuscitation unit (“CPR Machine”), …

equipment

Why AEG was not delivering the equipment is a puzzle of its own, requiring a separate study and a separate post. At the moment let us only note that knowing that they are to blame for non-delivery of the equipment AEG will do their  best now to invent various pretexts why this was not done at the time when Conrad Murray was requesting it and needed it most.

The first thing they have already said was that they thought the equipment was needed for the UK shows only. However their contract says that during the term of the agreement beginning on May 1st, 2009 Murray’s services were to be provided not only on the territory of the UK, but in the USA too, which automatically takes us to May-June 2009 when Michael was rehearsing there:

services on the US territory

A peculiar detail of the AEG story which I notice only now is that AEG was to approve both Murray’s services and the list of medical equipment, and since approval without looking is simply impossible  this means that AEG was obliged by their own contract to look into what Murray was doing, what equipment he required and for what purpose it was meant (the approval points are marked yellow in this quote):

equipment during the Term“3.3. Producer shall provide Dr. Murray for his use during the Term with medical equipment requested by Dr. Murray to assist him in performing the Services as approved by Producer (“Equipment”). The Equipment will include a portable cardio pulmonary resuscitation unit (“CPR Machine”), saline, catheters, needles, a gurney and other mutually approved medicate equipment necessary for the Services.

Knowing AEG’s stinginess no one will doubt that they did exercise their rights to approve and monitor everything there was to monitor there, simultaneously fully neglecting their duties to provide what Murray requested for Michael Jackson including the equipment and a medical assistant (who was also missing).

Let me also note that the equipment was to be supplied and paid for by AEG Live (and not Murray or Michael Jackson) as after the termination of the agreement everything was to be returned to AEG.

Another of those pretexts widely used by AEG to explain why they never fulfilled their obligations was that the contract was not signed and could not be executed.

Well, Murray was ready to sign it already on May 15th and wanted it to be done as early as possible for payment reasons.  Michael Jackson also wanted it as soon as possible as he needed a doctor and the equipment by his side for his own safety and from the very start of it too, so the only party we are left with as being interested in the delay is AEG Live.

WHO DID MURRAY WORK FOR?

The requirement to have Michael’s approval of the contract and his signature in Murray’s contract seem to me the last minute corrections introduced to the agreement by AEG Live. First they specified in Murray’s contract the terms extremely unfavorable to Michael Jackson and then demanded that he should agree to them by putting his signature there.

Why do I say that the terms were unfavorable? And how would you look at the clause which says that the doctor you employ for taking care of your health and who you pay from your own pocket is actually hired by AEG Live to perform the services requested by them, and not by you?

Imagine hiring an employee and paying him a salary but seeing him follow the orders of your competitor instead and you will realize the absurdity of the situation.

The need for Murray to do as AEG Live requested is described by their contract as Murray’s number one responsibility towards his AEG bosses.

This piece from their contract is a complete masterpiece. It refers both to Murray and GCA Holdings LLC which is Murray’s company:

4. RESPONSIBILITIES OF GCA/DR.MURRAY. Without in any way limiting any other term or provision of this Agreement or any obligation of GCA or Dr. Murray hereunder, GCA and Dr. Murray shall:

4.1 Perform the Services reasonably requested by Producer.

Page 2 - perform services requested by the Producer

Any other wording in the place of this 4.1 clause would have suited us – for example, that Murray was to maintain his patient’s health and keep him in constant health protection as Wiki explains the general responsibilities of a doctor.

In fact any interpretation of the doctor’s duties provided in the Internet would be okay, except AEG’s insolent demand to “perform the services requested by Producer”. This type of a demand may be made only if you hire a doctor for a helpless invalid who cannot hear or talk and speak for himself, but even then it will still be a gross violation of the basics of the medical ethics as the doctor you hire is not obliged to fulfill your requests but is supposed to do what his medical profession tells him to.

In this situation no amount of words proclaiming that Murray was an “independent” contractor can outweigh the meaning of this short phrase – if a doctor is required by his contract to perform the services requested by someone who hires him, his independent status ceases the moment the doctor agrees to such terms.

By the way this “independent contractor status” can be interpreted as a call to Murray to be independent from his friend Michael Jackson (for example) and never listen to what he tells him.

The disposition of forces resulting from all this mess is an extremely interesting one – Murray is independent from his friend Michael Jackson whom he does not listen to as his boss is AEG Live and since AEG  is the boss Murray’s main responsibility is to perform the services requested by AEG, however it is his friend Michael who is to pay him for these services.

One needs to be a genius of evil and absurdity to be able to come up with a twisted formula like that…

Indeed, the formula sounds so absurd that now I begin doubting that it was actually Michael Jackson who was to pay a $150,000 salary to Murray. Could AEG have played some dirty game again and shift this payment onto Michael’s  shoulders at the last minute too? The reason why I am asking is that I cannot even imagine how vile people should be in order to first force all this nightmare on Michael and then make him pay for it too.

COULD MICHAEL REFUSE MURRAY’S SERVICES?

I hear that AEG says that Michael Jackson could refuse the services of Conrad Murray at any time. Is this really so?

The formal answer contained in the contract is yes, he could refuse Murray, only even in case he refused him there is a strong probability that nothing would have changed – the decision to terminate Murray was to be taken by AEG Live and AEG alone:

TERMINATION:

7.3 Immediately by Producer if the Artist decides for any reason that the Artist no longer wants or needs the services of Dr. Murray

Termination by AEG

If the word “immediately” makes you think that AEG Live was to immediately follow Michael’s request, let us look at the wider context of it. And the wider context says that the agreement may be immediately terminated by AEG Live if Michael Jackson decides that he no longer needs Murray’s services.

As you understand this may be can easily turn into may be not, and this wording covers a very big range of possibilities –  from immediate termination of Murray at the request of Michael Jackson to AEG’s insistence that he goes on working for him even if Michael no longer wants him. Here is the full text of it:

Termination by Producer

Everything we’ve learned up till now is proving that though Michael was to pay Murray $150,000 a month he himself  had a very little say in his cooperation with this person – Murray was to perform the requests of AEG Live and even if Michael wanted to refuse Murray the AEG bosses could still impose him on Michael Jackson (the way they did it with Tohme).

AEG was also to provide the equipment for Michael but failed to do it, and AEG was to lend Murray money, but did not do it either. The additional insult to the story was that the expenses on all this outrage were to be eventually covered by Michael Jackson.

MICHAEL’S SIGNATURE

Was it because of all this outrage that Michael did not put his signature under Murray’s contract? Possible, though AEG assures us that Michael simply had no time to sign it.

But I have another question. Was Michael obliged to sign this contract at all if he was not even a party to it? Possibly not, though the final variant of the Murray/AEG contract said that he was:

9. ARTIST CONSENT. The effect of this Agreement is conditioned upon the approval and consent of the Artist. Withouth the Artist’s expressed and written approval of the Agreement neither party to the Agreement will have any rights or obligations to one another arising from the Agreement.

page 4 - Artist's consent

In his lawsuit Joe Jackson argued that initially there was no talk about Michael approving Murray’s contract and putting his signature there. This Joe Jackson’s statement finds its confirmation in the email sent to Murray by Timm Woolley on May 8, 2009. The memo sums up the main points of the preliminary agreement which were apparently discussed during their telephone conversation the same day.

The memo was sent to Murray and Paul Gongaware to fix what they had agreed about in that conversation and what was to be turned into the main terms of their contract. However despite a fairly detailed summary of the talks not a single word was said there about Michael Jackson’s need to consent to these terms –  though the later variant of the contract would suddenly claim that it was the central, crucial point of the contract everything else depended on.

May 8, 2009 Timm Woolley's email to Murray 1Here is the email:

Conrad

It was a pleasure meeting you on the phone. We discussed some mundane details:

Contracting entity: GCA Holdings LLC, 2110 East Flamingo Road, #301, Las Vegas, NV89119.

Your contact info: Office (702) 866 68, cell (702) 862 0973.

Your mode of travel: most likely with Artist on charter, but 1st if not.

Family airfare personal cost.

Accommodation – “easy proximity of Artist” – that might be a guest house on the ground of the ground of the property rented for Artist.

Tour pays for necessary professional costs including transport between Artist & house and house & venue.

Probable need for multiple UK-based cell-phones & your need for one. Need for one venue-based, one home-based extracorporeal CPR units.

Insurances: travel-type accident, sickness, loss-of-possessions policy to be incepted for traveling party – but this is working personnel. Premium is about $250/person if you’d like us to extend to family. Effective only while away from USA.

Life insurances –personal choice.

AEG contract would not cover more than one month in lieu of notice if there was a curtailment or cessation of the tour.

Loss-of-profit – also called contractual performance insurance – had asked brokers at Lloyds to research, intelligently, they also suggest it covers both possible Force Majeure affecting tour/performances as a whole and possibly of accident preventing your providing services. Insurance would be personal cost.

Fees $150k/mo payable mid-month.

Lots of consider above and would be happy to continue discussion when convenient to you.

Timm

The absence of any reference to Michael’s approval at the earlier stage of negotiations and its sudden appearance at a later time make me think that this crucial point was added to the Murray/AEG contract at the end of  June when they finally decided to have their contract signed.

By introducing this point at the end of their show AEG Live was not only declaring to Murray who his bosses were, but they were declaring it to Michael too and wanted him to agree to it.

Simultaneously they demanded that he paid for the services of the man who was actually working for AEG Live as Murray’s primary business was to perform their requests and not take care of his health.

This last statement of the contract should not deceive you by its seeming neutrality. The story behind it is actually big and nasty:

The Undersigned hereby confirms that he has requested Producer to engage Dr. Murray on the terms set forth herein on behalf of and at the expense of the undersigned:

MICHAEL JACKSON

BY: _______________

Michael Jackson

An individual

MJ's signature

Michael did not sign Murray’s contract. Why he did not do it we don’t know – probably because he did not agree to it or probably because he had no time for it. He simply died the next day because of all the pressure exerted on him by all these people.

However I would not be surprised if Michael Jackson did not know of the need to sign Murray’s contract at all, because there is also a possibility that AEG added the point about Michael’s signature to their contract after his death –  in order to shift all the responsibility for Murray’s deeds onto his shoulders, make him a scapegoat for everything on earth and not to have to pay Murray any money.

After Michael’s death Murray wanted to sue AEG Live for non-payment of his salary and this fact does point to the possibility that payment to Murray could be AEG’s responsibility after all. This may also be an explanation why they were bossing Murray so much and dictated to Murray their terms.

In fact if this were the case it would even be a better option for AEG Live, because the alternative variant that they were bossing Murray in so outrageous a manner and did it at the expense of Michael Jackson too would be even worse.

DID AEG KNOW?

One more question remains to be looked into.  Did AEG know that Murray was giving Michael intravenous injections and propofol among them? There are signs that they did and Timm Woolley’s memo is a good eye-opener to us in this respect.

In his email of May 8, 2009 there is a phrase that attracted my attention:

  • “Need for one venue-based, one home-based extracorporeal CPR units”.

Since Timm Woolley included this point into his memo in order to work on it further and incorporate it into Murray’s contract I have no doubt whatsoever that the AEG people looked into the kind of CPR equipment Murray was asking for.

I looked into it too and found that this CPR is not an ordinary mechanic or automatic CPR used during cardiac arrests. No, the extracorporeal cardiopulmonary resuscitation (CPR) is a very specific and extremely complex system practiced only in hospitals and not even in every hospital at that.

The essence of this system is drawing blood from a venous drain, then pumping it through an oxygenator, and delivering it into the arterial circulation all of which is done with the help of a complex system of tubes and a centrifugal pump. This kind of equipment must be ideal for intravenous injections made on a long-term basis as well as resuscitating the patient in case he has a cardiac arrest.

Picture of extracorporeal CPRThe cardiologists writing on this issue call it the Extracorporeal support of heart and lung function (venoarterial perfusion) and say the following (you don’t have to read it if you don’t want to, I am providing this example only to show you how terribly complex it is):

It additionally requires a variety of circuit and patient monitoring equipment including – well,   - a venous oxygen saturation monitor to track the hemoglobin saturation of blood entering the pump, pre- and post-lung manometers to follow the performance of the hollow-fiber lung, and a thermostat-controlled heat exchanger to maintain patient temperature. Patient monitoring included continuous ECG, arterial blood pressure (BP), arterial oxygen saturation, pulmonary arterial pressure, and pulmonary arterial oxygenation measurements. Systemic anticoagulation is to be maintained with continuous heparin infusion and monitored hourly with measurement of activated clotting times. These are to be routinely kept between 180 and 200 seconds.

pictureAnother source says:

ECMO and extra-corporeal life support (ECLS) are used in children and adults with irreversible heart or lung failure for prolonged (days to weeks) mechanical support.  The goal of ECMO/ECLS for patients is to provide lung rest from the high levels of oxygen and higher airway pressures that are necessary to support oxygenation and ventilation.

Successful ECPR requires being able to rapidly bring together the patient, the ECPR device, and personnel able to both initiate therapy and deal with potentially lethal complications.

The principal components in the system are shown in the respective pictures.

The above is only a fraction of what I found about extracorporeal CPR within two hours or so, and the reason why I provided this information is because I am more than sure that Timm Woolley’s people did the same.

And in the process of it wasn’t it inevitable for them to ask  WHY all this equipment was required by Conrad Murray for Michael Jackson?

If they did not ask this question it means that they were totally disinterested in Michael Jackson’s condition, did not give a damn whether he was healthy or not, and Murray’s contract for them was just another means to pressure Michael Jackson into selling a million tickets and then cancelling the shows leaving most of the profit to AEG.

And if they did ask this question they surely knew of his condition and should have started worrying about it. They should have also looked into the treatment Conrad Murray was providing to him and if things were really bad they should have corrected Michael’s regimen, rescheduled some of the shows or at least listened to the signals sent to them by Kenny Ortega.

What I mean is that learning about the type of equipment Murray asked for should have not left AEG unperturbed. Some activity and some worry should have followed by all means.

The very least they should have worried about was the cost of the equipment and in the process of discussing it with Murray they should have asked him questions. And we do know that they did discuss this problem from the simple fact that two Extracorporeal CPR units requested by Murray were replaced in the final contract by one portable CPR machine, accompanied by various catheters, needles, etc. – none of which were provided either.

Did AEG Live learn about Michael’s sleep problems during the course of those discussions? It is hard to imagine that they did not. The above equipment is so serious that it should have immediately made AEG realize the seriousness of Michael’s problems. And if they did realise them why did they not pay attention to them?

Even if they are so callous people that they don’t pay any attention to the condition of their main star, weren’t they interested in having his concerts after all? If they were interested in him making that tour they should have spared him and worried about his condition, shouldn’t they?

Or was the reason why they did not care for him because they never wanted those shows at all? And hoped he would cancel? And the worse it was for him the better it was for them?


Filed under: AEG THE HORRIBLE, The SOCIETY Tagged: AEG, Conrad Murray, Contract, Katherine Jackson, Michael Jackson, wrongful death trial

What does Valerie Wass’s appeal tell us of Conrad Murray’s case?

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Valerie Wass filed an appeal for her client Conrad Murray claiming that he is not to blame for the death of Michael Jackson. She says that the night Michael died he was not on a drip and that Murray delivered Michael only 25ml of propofol (by a syringe) after which Michael allegedly self-injected himself with another portion of 25ml (by another syringe) and this allegedly caused his death.

Though Wass is trying to present her story as something new it is the exact replica of what the defense and Dr. White already proclaimed during the trial and each of their statements were refuted by the prosecution and Dr. Shafer in a thorough, meticulous and super scientific way.

This is why I would like to make a short summary of the main arguments that unequivocally prove Murray’s guilt. Since this is a purely scientific matter my main problem here was to express complex things in the simplest language possible, so please don’t be cross with me for wording things primitively. My goal is that everyone, even Valerie Wass, understands that Murray is simply fooling us.

WASS’S DISPUTE WITH THOMAS MESEREAU

Valerie Wass voiced her version of the events during an interview with Piers Morgan in the course of a vehement discussion with Thomas Mesereau. She was so adamant about her story that she hardly gave Thomas Mesereau a chance to put in a word. The conversation started with Murray singing a song on the telephone which produced an inimitable impression on everyone present and made me doubt Murray’s adequacy:

(BEGIN VIDEO CLIP)

CONRAD MURRAY, MICHAEL JACKSON’S FORMER PHYSICIAN: (Singing) He’s a little boy that Santa Claus forgot and goodness knows he did not want a lot, he wrote a note to Santa for some crayons and a toy, it broke his little heart when he found Santa hadn’t come.

(END VIDEO CLIP)

MORGAN: A surreal moment from Anderson Cooper’s interview with Dr. Conrad Murray when the convicted of involuntary manslaughter in Michael Jackson’s death burst into song on live television last night. Meanwhile, jury selection continues in Katherine Jackson’s lawsuit against AEG, seeking $40 billion.

Now Conrad Murray’s attorney, Valerie Wass, is here to go head-to-head with Michael Jackson’s attorney, Tom Mesereau.

Welcome to you, Valerie Wass. You weren’t happy watching Tom and I discussing this last night. Why not?

VALERIE WASS, ATTORNEY FOR DR. CONRAD MURRAY: Well, I felt that he was — he was viewed in a — in a wrong manner. I feel very strongly about Dr. Murray, and that he’s a compassionate man and I believe that he is an innocent man. I believe he was wrongly convicted. And I don’t know if Tom really knows the facts of the case and has read the record and all of the evidence, such as I have done for the last year.

THOMAS A. MESEREAU JR., DEFENDED MICHAEL JACKSON IN MOLESTATION TRIAL: I haven’t read — I haven’t read the record, but I watched a lot of the trial. And every single physician in this courtroom, including the — including Murray’s own expert, thought that having propofol in the home and administering it the way he did was a gross deviation from the medical standard of care.

Nobody justified having propofol in their house. Nobody justified administering it the way he apparently did. He didn’t have the equipment, he didn’t have personnel assisting him. He didn’t have backup equipment. He didn’t have the medications you need if something goes wrong. He didn’t have the power supply if something goes wrong. Everything he did, in my opinion, was a disgrace, and I think he caused the death of Michael Jackson.

MORGAN: Valerie?

WASS: Well, even if he deviated from the standard of care, he didn’t cause the death of Michael Jackson because on the night Michael Jackson died, he was not on a propofol drip. And that’s what nobody understands. And using propofol in a home is not — is not illegal. It’s not — it’s not illegal. It’s an off-label use. And off-label use —

MESEREAU: Did you read the toxicology?

WASS: Absolutely.

MESEREAU: The toxicology — the toxicology examined eight specimens from his body. The stomach, the liver, the heart, the veins, the femoral artery. He had propofol in every single of the eight specimens, OK?

WASS: That’s correct. And the toxicology results are —

MESEREAU: I mean, he was loaded with propofol.

WASS: He was loaded from propofol from a 25 milligram bolus injection that Michael Jackson self-administered shortly before he died. It matches up with all the toxicology findings.

MESEREAU: First of all the — the amount of propofol grossly exceeded the 25 that Mr. — Dr. Murray said he administered. First of all. Second of all —

WASS: That’s right. Because Jackson administered another 25 milligram dose.

MESEREAU: Well —

WASS: And when he administered rapidly, that’s what caused cardiac arrest and it comports with the toxicology results.

MESEREAU: Well, the jury came back in eight hours, finding that Michael Jackson did not self-administer propofol, that your client was grossly negligent and caused his death. And now listen, I don’t think he intentionally did this. He wasn’t charged with premeditated murder, he was charged with gross negligence, involuntary manslaughter, and every single expert that testified admitted he had committed gross negligence in a variety of ways.

One expert said there was 17 acts of gross negligence. Propofol in the home, administering it the way he did —

WASS: That’s right. But he was not on a propofol drip on that night, how can he be — there was no cause.

(CROSSTALK)

MESEREAU: Your client told the police —

WASS: No, the two months that Dr. Murray administered propofol to Michael Jackson on a drip, Michael Jackson was fine. It was after he stopped administering the propofol drips that he died.

MESEREAU: Well, that’s your argument. I understand that. And I think you’re doing a commendable job defending him. The problem is, the jury rejected it in eight hours and every single medical expert rejected it as well.

WASS: I actually spoke to one of the jurors last summer and found it really interesting that they adopted this slit saline bag theory. It was a ludicrous theory that was — that probably came about because the prosecutor popped the tab on the Exhibit 30 bottle and they were forced to find another way to hang the bag. It was an absurd method. No — even the prosecution’s expert had never heard of such an absurd method of hanging a drip.

MESEREAU: Well, your client ordered propofol, took it into his home. I think he had it delivered to his girlfriend’s apartment, took gallons into his home and that alone was a gross deviation from acceptable medical standards.

WASS: That’s right. But it’s not — it’s not a causative factor. That’s the difference.

MESEREAU: It’s not a causative factor? Then what caused his death? Every single specimen was loaded with propofol. It was a propofol induced death. That was the cause of death and nobody really disputed that. The argument was, where did the propofol come from, and Murray should not have brought it in the home. It doesn’t belong in the home. It’s not a treatment for insomnia.

(CROSSTALK)

WASS: Michael Jackson had his own stash of propofol when Dr. Murray first started treating Michael Jackson. There’s evidence that he was on propofol —

MORGAN: OK. Let me — let me jump in and speak — it’s been fascinating to watch you both go at it. He’s obviously already been tried and is in jail as a result. Let’s move to what this new trial is basically going to come down to, which involves a responsibility aspect of who was really employing Conrad Murray.

http://www.cnnstudentnews.cnn.com/TRANSCRIPTS/1304/03/pmt.01.html

Here is the video of the conversation:

So Valerie Wass claims that Michael was supposedly not on a drip that night. Moreover according to her Michael was on a drip for two months before that (so Murray does admit it now) and all this time he was alive, and when Murray stopped administering propofol this way and made only one 25ml injection Michael suddenly died. Wass agrees that Michael was loaded with propofol but she is sure that all of it came from a 25ml bolus injection and that the fatal injection was made by Michael himself and he died of a cardiac arrest as a result of it.

Dr. Shafer day 13-6To check up this crazy but washed out version we need to recall what was determined at the trial about the possibility of Michael dying of a single 25ml bolus injection. This matter was thoroughly discussed by Dr. Shafer.

 25ML OF PROPOFOL

Dr. Shafer said that though 25ml is an extremely small quantity under certain circumstances it can arrest a patient’s breathing.

He made a computer simulation for this case and showed that at the moment when propofol is pushed into the vein the concentration of propofol in the blood is very high, however then it drops almost immediately (see the dot line on the picture below).

On the brain propofol does not work that fast – over there propofol gradually grows and reaches its peak only  two minutes later (see the non-dot line on the same picture).

The level of propofol in the brain is crucial as propofol acts via the brain and its only danger is a possibility that it might affect the brain so hard that it stops sending signals to the lungs to breathe. Therefore the most common and in fact only complication when administering propofol is a respiratory failure and anesthesiologists are always on the lookout and ready for this complication.

However a bolus injection of 25ml is so minimal a quantity that it cannot affect the brain and therefore cannot start a breathing arrest. The picture shows that the “brain line” of propofol does not even remotely reach the “apnea threshold” which is a point when breathing stops.

To exclude any possibility of a mistake in this simulation Dr. Shafer extended the corridor of sensibility to the drug adding individual people’s reactions to it and after that it turned out that a small number of people did fall into a risk group.  See the “brain line” rising towards the gray area and at one point reaching it – this is exactly the 1,5 minute period within which a small number of patients are at the risk of stopping breathing:

If patient-to-patient deviations are added to this model a small number of patients will be at risk even with this small dose

If patient-to-patient deviations are added to this model a small number of patients will be at risk even with this small dose

But then Dr. Shafer proved that though in theory this scenario was possible for Michael’s particular case it was not applicable.

The gist of it is that even if a patient stops breathing as a result of these 25ml his heart will go on working for another 10 minutes - there is still some air in the lungs and it keeps the heart beating. During those 10 minutes all propofol in the blood will be broken up or metabolized. The computer simulation shows that by the time the heart dies both lines (propofol in the blood and propofol in the brain) come close to a zero point. You can see it in bottom right hand corner of the picture.

However the autopsy report showed the level of propofol in Michael’s blood as 2,6 micrograms. And this figure is customary for cases when patients receive not 25ml of propofol but a full-time general anesthesia involving 200ml of this drug or more.

The propofol concentration of 2,6 mcg taken from the autopsy report was the most conservative figure used by Dr. Shafer as all the rest were much higher – for example, the overall propofol level measured at the hospital was 4,1 mcg and the level found in the heart was 3,2 mcg.

The 2,6 mcg level of propofol recorded in Michael’s blood is shown in the picture as the Femoral Vein line. And if we compare the nearly zero point where the 25ml injection takes us to after the 10 minutes of heart beating with the real level of propofol found in Michael’s body we realize that he should have got a bigger, a much bigger dose of propofol.

This 2,6 mcg level required an explanation and Dr. Shafer provided it:

  • “Michael Jackson received more than 25 mg”.

50 ML OF PROPOFOL

However Wass was talking of two 25ml injections – the initial was given by Murray and the next 25ml injection was allegedly self-administered by MJ thus bringing the total quantity to 50ml.

Let us put the matter of “self-injection” aside for a moment and see whether the level of propofol found in Michael’s body (femoral vein) is consistent with Wass’s 50ml theory. Dr. Shafer naturally looked into this version too and even turned it into a much harsher scenario – in his simulation all 50ml was given as one injection and pushed as a bolus (at once)  instead of two possibly slow 25ml injections with a time span between them.

The snapshot made during the trial demonstrates total impossibility of this scenario for Michael’s case.

50 ml scenario

Now you know what to look for in the picture and see that at the moment when the heart stops ten minutes after the injection the level of propofol is approximately 5 times as low as the level registered in the autopsy report and this means that the propofol given must have been much higher than the 50ml mentioned by Wass.

The reason why the level of propofol drops so fast after it is injected is always the same – when breathing stops the heart goes on beating for at least 10 minutes, the blood continues to circulate and the metabolism process quickly takes away propofol from the system.

This is why doctors and patients like propofol so much – no matter what amount of it has been given it metabolizes so quickly in the body that the moment it stops dripping the patient opens his eyes – it breaks up into its metabolites almost instantly with no trace of propofol found in the blood. The most it takes to fully drive all propofol from the system is 5 minutes or less.

The only place where a little bit of propofol remains even after all of it is gone is the urine. The reason why it happens is because a tiny fraction of non-metabolized propofol manages to escape into the bladder and stays there until the urine is evacuated. If the patient dies the bladder will still act like a bag which keeps the propofol that accumulated there when the patient was still alive and producing urine. Upon his death no more propofol will be added, but the one that got there will be stored.

For propofol to be found in the blood, like in Michael’s case, first of all its quantity should be so big that when breathing stops and the level of propofol begins to quickly decrease, by the time the heart dies (ten minutes later) some propofol should still remain in the body and show a level higher than zero – like the 2,6 mcg in Michael’s blood, for example.

Another reason why propofol may register in the blood is when it flows into the body after the patient dies. In this case it simply streams into the veins and accumulates there without breaking up as nothing in the body is working any longer and no metabolism is taking place.

What course of events could produce the result of so much propofol in the blood?

Dr. Shafer came to a conclusion that it should be a dripping process during which the quantity of propofol was slowly building up and at some point reached a level when breathing stopped. Ten minutes later Michael’s heart stopped too but since propofol was still dripping its concentration in the blood continued rising and reached the level found at the autopsy. The reason why all this happened is because Conrad Murray was simply not looking and is therefore guilty of an unheard of,  terrible, egregious, unconscionable negligence.

The other scenario can be worked out on the basis of Valerie Wass’s words. She says that it was not a dripping process and all propofol was delivered by a syringe. But in this case Murray must have first made an injection of propofol big enough to stop Michael breathing and then continued making these injections again and again until ten minutes later the heart stopped and inject propofol even after that in order to further accumulate it in the blood.

But the described process is actually a premeditated murder. So if Valerie Wass wants to prove that Murray is actually a murderer and not a grossly negligent doctor she is very much welcome to prove it. This is in fact what she is trying to do now.

However you have probably noticed that Valerie Wass used the argument that Michael did not die of a respiratory failure but of a cardiac arrest. Dr. White heavily relied on this version too during the trial but it was also thoroughly disproved by Dr. Shafer.

But how is the situation different in case it was a heart arrest and not a breathing failure?

NO CARDIAC ARREST

You have seen that all above scenarios were based on the assumption that breathing stopped first and ten minutes later a heart arrest followed.

This assumption has an explanation. Propofol does not affect the heart at all and acts on the brain only. And if brain activity stops it no longer sends a signal to the lungs to breathe and this is how the catastrophic scenario is triggered off.

All scientific community knows that propofol acts on the brain and not on the heart, and the doctors who testified at Murray’s trial completely ruled out a heart arrest as a complication of administering propofol.

However Dr. White said that in some cases the heart arrest could still be possible. Indeed, despite the coroner’s conclusion that Michael’s heart was clean of atherosclerosis and was surprisingly healthy and strong, accidents do happen. The possibility of this accident is probably as tiny as the chance of a brick falling on your head now but in theory it is still possible, isn’t it?

Though doctors say that this scenario never happens even in hospitals, unless the patient previously had a heart problem, in theory anything is possible and it is on this virtually non-existent scenario that Dr. White based his assumptions.

But what difference does it make whether it was a breathing failure or a heart arrest?

The difference is a fundamental one – when breathing stops first, propofol has full ten minutes to break up until the heart stops beating, and if the hearts stops first no metabolism takes place and all propofol that was in the body remains there as it is.

Do you remember the two pictures of Dr. Shafer’s simulations? On both pictures the dot line showed that propofol in the blood initially rose to a very high level – even in case of 25ml only – so if the heart stopped at that particular moment, the level of propofol in the blood could indeed be very high.

Dr. White3

Only one doctor insisted that it could be a heart arrest

In the circumstances when all doctors say that it could be only a breathing arrest resulting from a huge quantity of propofol, but one doctor (Dr. White) says that it was a heart arrest resulting from the initial 25ml only, there was no other way to prove that Michael received too much propofol that caused his death but look into its level in the urine.

THE FINAL ARGUMENT

You remember that urine always keeps at least a little of propofol which gets there while the body is still functioning, and if the patient dies it simply stores the propofol already excreted into it. This way the bladder acts as a depositary of the propofol collected before, when the patient was still alive.  If propofol manages to get into the bladder in its original form it does not metabolize there and is stored as it is as metabolism takes place in the liver only.

The amount of propofol in Michaels’s bladder found on autopsy was 0,15 micrograms per ml which multiplied by the amount of urine recovered (approx. 500ml) made up 82,5mcg (micrograms).

This is a very tiny figure, especially if you consider that one microgram (mcg) is equal to 1/1000 of milligram (mg) and this indeed shows that practically all propofol is broken up by the liver and very little non-metabolized propofol reaches the bladder.

On the surface it looked like a huge amount of propofol (200mg or more) infused in the blood could not produce the tiny quantity of only 0,0825mg in the urine. Logic suggested, at least to Dr. White, that if the propofol quantity found in the urine was tiny a similar tiny quantity should have been administered into the patient’s blood too.

However propofol is known to be vanishing extremely quickly and Dr. Shafer managed to find exact information about how much propofol vanishes and how much of it stays, and what is the exact ratio between the quantity injected into the patient’s blood and the quantity of unchanged propofol reaching the bladder.

Usually propofol reaches the bladder in a metabolized form with only a tiny fraction of original propofol going there, and at first scientists could not differentiate the original form of propofol from its metabolites. But eventually scientists learned how to differentiate the molecules of propofol in is original form from the molecules of its metabolites. And according to their estimations the amount of the original drug getting into urine is indeed incredibly tiny. They found that only 0,004% of the quantity of the original propofol infused into blood goes into the bladder.

And the autopsy report showed propofol in Michael’s urine exactly in its original form.

Now the only thing we need to do is take a calculator and see how much propofol was given to Michael if 82,5micrograms of it remained in the urine and this quantity made up only 0,004% of the original amount given. If 82,5mcg makes up 0,004% how much will be 100% of it?

My calculations brought me to 2062500 micrograms =  2062,5mg =  206ml of propofol.

This means that on the basis of the highly accurate scientific estimations we learned that the 82,5mcg of unchanged propofol in the urine could be produced only if Murray injected 206ml of propofol into Michael’s blood.

This amount is more than two bottles 100ml each and this quantity should have dripped into Michael’s blood while he was still alive as urine is produced only by a living body.

This makes all Valerie Wass’s talk about Michael dying of 25ml ignorant, foolish and absurd. And though it would be ridiculous to go on looking into Wass’s theories further her self-injection idea is still worth discussing in order to silence all innuendoes about it.

NO CHANCES FOR A SELF-INJECTION THEORY

There is absolutely no way that Michael could make any injections himself.

The first thing we need to remember is that the moment a patient tries to self-inject himself with propofol he becomes unconscious almost immediately. However since an injection may be a bolus one and reaching the brain takes at least a minute we will disregard this argument as not a definitive one and proceed to the rest.

The primary reason why the self-injection scenario could never happen is that in order to inject himself with at least 200ml of propofol which he actually received, Michael would have had to make himself two boluses 100ml each and do it by means of one of the two 10cc (100ml) syringes found in the room. And this means that first he was supposed to make himself a lethal injection by pushing all 100ml at once and if he survived it for some reason then he was supposed to repeat it the second time. Even the way it sounds it is totally ridiculous, so let me not comment on things which are impossible in principle.

The situation becomes even more impossible as Michael’s fingerprints were never found on any of those syringes, saline bags, propofol bottles, etc. In fact no Michael’s fingerprints were found on any of that medical equipment. As a side note let me state that someone else’s fingerprints were found on the empty saline bag with a slit on it but for some reason the prosecution did not explain whose fingerprints they were.

out of three bottles of lidocaine 2 were partially consumed

Lidocaine comes in 10ml bottles

Wass’s scenario is all the more impossible as propofol is usually diluted with lidocaine, a local anesthetic which makes the injection less painful. Propofol gives a terrible burning feeling, so injecting it in its pure form hurts very much. This is why propofol is always diluted with lidocaine.

Murray said that he diluted propofol and lidocaine in the ratio of 1:1 and if we are to believe his words we need to double the initial number of two 100ml syringes of propofol and arrive at a conclusion that the number of 100ml syringes was not two but four. Let me remind you that after each of them the patient was supposed to be dead already.

So self-administering propofol via a syringe was impossible as none of the scenarios are workable.

But could he make it via a drip then? And what difference does it make from the syringe self-injection version? Could Michael stand up after the first 100ml bottle and replace it on the IV stand with another one, and then still one more?  And can anyone stand up and replace one bottle with another one without leaving any fingerprints on both of them? And can anyone administer propofol to himself without lidocaine? Or replace one bottle with another one if he has already died from the first bottle? No, the whole thing is so ridiculous that it is not even worth discussing it any more though there are a dozen other reasons why Michael could not do it himself.

However there is a point in Murray’s theory which I always wondered about.

LIDOCAINE

You have probably noticed that Murray said that he diluted propofol and lidocaine in the ratio of 1:1.

Over here Murray is either telling us a big lie, or is betraying to us his complete ignorance of medicine. Mixing propofol with lidocaine in the ratio of 1:1 is simply unheard of and is similar to using Michael as a rat for most cruel experiments.

Lidocaine is never used in the equal proportion to propofol. The usual ratio is 1:10 (one part of lidocaine to 10 parts of propofol), and it is due to its minimal use of this local anesthetic that lidocaine comes in vials of 10ml only.

Murray most probably spoke of the incredible 1:1 ratio to conceal the fact that he had given Michael huge portions of propofol. The lidocaine bottles found in the room included two empty vials 10ml each and three more vilas, two of which were half-full. The cumulative quantity of all lidocaine used should be at least 25-30ml.

Among many other things the number of lidocaine bottles found in the room may testify to the fact that Murray was making syringe anti-pain injections several times, each time starting with a new bottle. Let me remind you that lidocaine is generally used for making the initial injection as when the patient is put under the drip he does not feel the pain anyway and no longer needs lidocaine. However over here there may be variants so let us not get stuck on it.

As I have said even a rough estimation of lidocaine shows that its cumulative quantity given by Murray to Michael was at least 25-30 ml and if we apply this quantity to propofol following the usual ratio of 1:10 we will come to at least 250-300ml of the propofol administered to him.

But could Murray indeed dilute propofol in the proportion of 1:1 as he said he did? I doubt it very much. Unless he was indeed using Michael as a rat for his experiments this outrageous thing is never done. The most I’ve seen in the science literature is 1:9 (9 parts of propofol mixed with one part of lidocaine) but even here scientists argue that it is dangerous as the effect of propofol could be diminished:

There have been reports in the literature indicating that the addition of lidocaine to Propofol in quantities greater than 20 mg lidocaine/200 mg Propofol results in instability of the emulsion which is associated with increases in globule sizes over time and (in rat studies) a reduction in anesthetic potency. Therefore, it is recommended that lidocaine be administered prior to Propofol administration or that it be added to Propofol immediately before administration and in quantities not exceeding 20 mg lidocaine/200 mg Propofol. http://www.drugs.com/pro/propofol.html

So since the 1:1 ratio is hardly possible, let me repeat that the most probable reason why Murray said he diluted lidocaine with propofol in equal parts is to create the impression that he administered propofol in the amount not higher than that of lidocaine.

Lidocaine could be easily calculated by the police on the basis of the vials left and if they had derived the quantity of propofol following the standard dilution formula this alone could have told them how much propofol was used.

I’ve also looked into whether it is safe to give 25-30ml of lidocaine (or almost three full vials of it) in one injection diluted with 25ml of propofol Murray said he gave. And from what I’ve read it looks like it is a grave lidocaine overdose.

And the symptoms of lidocaine toxicity are no small matter – they include a respiratory failure, coma or cardiac arrest:

Symptoms of Lidocaine toxicity

The list of signs and symptoms mentioned in various sources for Lidocaine toxicity includes 27 symptoms including the following:

Restlessness  Dizziness Blurred vision Vomiting Convulsions Depression Respiratory failure Coma Myocardial depression

http://www.rightdiagnosis.com/l/lidocaine_toxicity/symptoms.htm#symptom_list

So after reading all this what are we supposed to think of Valerie Wass’s attempt to revise Murray’s case? That in addition to propofol Murray was poisoning Michael with lidocaine too and wanted to provoke a respiratory failure, coma or cardiac arrest by overdosing him?

Or that Murray injected propofol only by a syringe? But then, judging by the quantity of 200-300ml Michael received, it means that he kept injecting syringe after syringe until Michael accumulated the huge dose and these injections continued even after the heart stopped? So does Wass want us to think that Murray committed a premeditated murder?

It would be really great if Wass stopped retelling us Murray’s stories she so faithfully believes in but tried to make Murray give truthful answers to questions we are indeed interested in. For example, why was there a murmur of voices and a cough heard by Murray’s girlfriend on the phone when supposedly there was no one else there but Murray?  Or why were all video tapes from Michael’s home erased except for the moment when Murray arrived? And whose fingerprints were found on the saline bag with a propofol bottle inside it? And why doesn’t Murray tell us if anyone else entered the house after he arrived there?

In short we would want to hear the truth and in case Valerie Wass really wants to do something for her client she should make him tell it instead of silencing him. Because due to people like Dr. Shafer we already know what Murray did to Michael and don’t want to hear any of his (or her) lies.

HOW MUCH PROPOFOL WAS IT?

The amount of propofol administered to Michael that night must have been gigantic. Judging by lidocaine alone it was enormous. But the key evidence in this respect is the level of propofol in Michael’s blood and urine.

Roughly speaking the concentration of propofol in the blood mainly points to the amount of propofol Michael received after his death. Why? Because while the patient is alive most of the Propofol going into the body is breaking up and if it accumulates in the body it accumulates rather slowly. After propofol stops dripping everything that accumulated fully breaks up within the next 5 minutes. Even if there is a breathing arrest the heart goes on beating for a period twice as long (10 minutes), and within this time all propofol should be gone from the system.

However all Michael’s tissues were loaded with propofol – he had propofol in every organ, even in his eyes. And this means that the drip did not stop. Propofol freely flowed into his body saturating him after his death with no one looking at him or taking care.

And the level of propofol in the urine shows how much propofol Michael received while he was still alive. Urine is produced only when the body is functioning, and this is when the residual propofol equivalent to 200ml went into the bladder. And it seems to me that this amount should be added to the propofol which accumulated in Michael’s blood after his death.

How much propofol does it make all in all then? 300ml? Or even more?

And after that Valerie Wass says it was 25ml only?


Filed under: DOCUMENTS, TRANSRIPTS, VIDEOS, Murray's Trial, November 2011, The SOCIETY Tagged: Conrad Murray, Dr. Shafer, Michael Jackson, Thomas Mesereau, Valerie Wass

The story of MICHAEL JACKSON, AEG’s FABRICATIONS and TWO medical examinations for the INSURANCE. Part 4

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Notwithstanding the depressive feeling which the analysis of Michael’s last days produces on many of us, we still need to put into order a few more things we know about AEG Live. Rereading the articles of the period I ask myself a lot of questions and surprisingly, many of them begin to acquire clear answers.

Michael Jackson and Tohme

Michael Jackson and Tohme

To those who haven’t been following us let me make a short summary first. The 50 concerts disaster took place without Michael’s direct involvement and was arranged for him by AEG Live and Thome Thome who called himself Michael’s manager but never acted in his interests. Thome claimed they had an arrangement with Michael that he would not get into Michael’s creative process while Michael would not get into the way Tohme ran his business.

“We had an agreement,” Tohme continued. “I would never interfere with his creative decisions and he wouldn’t interfere with my business decisions.”

http://www.today.com/id/31740617#.UUFxuBeeNEI

Since Tohme was holding Michael’s general power of attorney he thought himself free to arrange anything for Michael without his consent or at least well-informed consent. Even if they did notify Michael of the general idea of what they were doing, I am afraid that by March 2009 little depended on Michael anyway – his life was so much controlled by Barrack and Tohme (and later by AEG) through his obligations stemming from the Neverland deal that he could hardly dispute any of the big trio’s decisions.

Let me remind you that business with AEG Live was a condition set by Tom Barrack for “saving” Neverland. The word is in quotes as the essence of the deal is acquiring Michael’s property at a price lower than the market price. I have found the market price estimation of Neverland made by a local real property agent but will post it at a later time not to distract attention from the main topic now.

And the main topic now is AEG Live. The convenient setting created by Tohme and Barrack allowed AEG Live to take advantage of Michael for their own ends – after the initial ten concerts sold out within minutes greed overwhelmed AEG Live so much that there was no more stopping them.

They added forty more concerts without ever thinking whether the 50-year old performer would be able to do them. To me more exact, judging by the emails they exchanged between themselves, they probably thought that he would not  make even a single concert, so in the long run what did it matter whether it would be 30 extra concerts or even 40? What really mattered was a million tickets sold and the fact that in case of a cancellation Michael Jackson would pay for it with his assets, while AEG Live will forever enjoy the fame of someone who wanted to “save” Michael Jackson, only this miserable creature failed it…

Sharon Osbourne recently confirmed what we suspected all along – the cancellation scenario was no less profitable to AEG than the concerts themselves, and it still remains to be seen which of the two scenarios suited AEG Live even better:

Sharon Osbourne has been called to testify in the Michael Jackson wrongful death trial.

…Speaking on ‘The Talk,’ she said, ”There were people at that company who knew he was not well but didn’t care. Whether he performed or not, they’d still make money. I had conversations with people who said exactly that. I will tell people who said it.” http://www.mjworld.net/news/2013/04/07/sharon-osbourne-to-testify/

Michael Jackson and Tohme

Michael Jackson and Tohme

So they knew that Michael was not well, but did not care and therefore tried to squeeze from him the maximal profit. To do so they set the impossible 50 dates and did it in close cooperation with Tohme who acted as their close ally behind Michael’s back:

AEG’s Randy Phillips told CelebrityAccesss that they have been working with Dr. Tohme Tohme in connection with all of Michael Jackson’s dates.

http://encore.celebrityaccess.com/index.php?encoreId=184&articleId=30345

The number of 50 was only half the problem for Michael. The much bigger problem was too little time between the shows. A break of one day only between the dates was obviously not enough for a man with huge insomnia problems who needed more than average time to regain his energy for the next show.

Michael was speaking of his insomnia quite freely and he no doubt discussed it with Tohme and AEG Live, saying that his absolute limit was 2 shows a week –  however none of them listened. The schedule was set following a show/day off pattern and when Michael realized the scope of the disaster he fired Tohme.

But this did not help. Tohme stayed as he was an indispensable element to the big trio – to AEG Live in the first place who in their turn were heavily assisted by Tom Barrack:

The Los Angeles Times reported this past weekend that banker Tom Barrack, who runs Colony Capital, is heavily involved in Michael’s massive show-business comeback. Barrack’s company has major ownership interests here in the Las Vegas Hilton and the Stations Casino group.

http://www.mjfanclub.net/home/index.php?option=com_content&view=article&id=1895:fyi-sorting-out-all-the-michael-jackson-rumors&catid=85:latest-news&Itemid=82

WHO WAS MICHAEL’S MANAGER?

Did any of you ever wonder why no information about Tohme’s dismissal ever reach the media? There was a lot of usual mocking speculation about the mess in Michael Jackson’s affairs and three different people claiming they were sole Michael’s managers, but all of it was habitually explained by Michael’s “bizarre” ways. They preferred to make fun of it while the matter could have been clarified in the easiest way possible, just by Michael or AEG Live announcing to the press that Dr. Tohme was replaced by another manager.

However Michael could not announce a thing like that and AEG Live did not want to.

In fact even after the March dismissal of Tohme Randy Phillips still kept introducing him as Michael’s manager, thus humiliating Michael beyond measure and showing to everyone around his total disregard for Michael’s decisions.

No announcement was ever made because Tohme’s powerful backers made it impossible for the news of Tohme’s dismissal to reach the press. They were intentionally suppressing all mention of it and were probably taking pleasure  in the resulting confusion as it was adding to Michael Jackson’s “bizarre” image which was only to their advantage.

No one knew what was going behind the scenes

This is it outtakes: No one knew what was going behind the scenes

On April 2, 2009 when this article was published no one could even imagine what a sad drama with Michael and his managers was going behind the scenes:

Will Michael Jackson’s Real Manager Please Stand Up
April 2, 2009

ATLANTA (CelebrityAccess MediaWire) — Rowe Entertainment appears to have sparked a controversy after they issued a press release through Champion Management, announcing that Leonard Rowe was going to be assuming management duties for the prodigal King of Pop, Michael Jackson.

Sources close to the matter have told CelebrityAccess that Rowe had joined forces with Michael Jackson’s father Joseph Jackson to convince Michael to let them assume handling the artist’s business affairs but that they had been rebuffed by the singer.

On the other side of the issue, Frank Dileo maintains that Rowe’s press release was less than factual and that they manage Jackson.

A spokesman for Dileo told CelebrityAccess that they would release a statement along with AEG to address Rowe’s claims next week and suggested that legal action may be in the offing.

However, AEG’s Randy Phillips told CelebrityAccesss that they have been working with Dr. Tohme Tohme in connection with all of Michael Jackson’s dates. Mr. Phillips went on to say that they are currently contemplating no legal action against Rowe and that they aren’t planning any press releases.

Rowe is known for his work as a tour promoter and has worked with a number of artists including Marvin Gaye, however his most recent spate of publicity stemmed from a string of lawsuits late last year over an R. Kelly tour that Rowe promoted.

According to court documents, Kelly accused Rowe of selling shares in Kelly’s “Double Up” tour to investors without Kelly’s permission, despite a contractual stipulation that barred such sales. The court agreed and awarded Kelly $3.4 million over the matter.

Kelly’s suit wasn’t the only litigation to stem from the tour and the investors who’d purchased the non-existent shares in the tour filed suit against Rowe as did singer Ne-Yo, who won a $700,000 judgment against Rowe after he was dropped from Kelly’s tour after only two shows.

Rowe was also part of a group of African-American promoters who attempted in 1998 to sue a number of entertainment firms, including CAA, WMA, Clear Channel Entertainment, APA and the HowardRoseAgency for $700 million, alleging racial discrimination. Several of the firms opted to settle but the case was finally rejected by the court in 2005.

Mr. Rowe did not respond to repeated requests for comment.

http://encore.celebrityaccess.com/index.php?encoreId=184&articleId=30345

The question of who was Michael’s manager is relatively easy to decipher now. We just need to remember that since AEG Live was in full control of Michael Jackson’s life it was them who took decisions who would be his manager. After firing Tohme Michael most probably invited Leonard Rowe (or agreed to invite him following his father’s insistence), however Randy Phillips refused to deal with Rowe and confronted Michael with a sort of an ultimatum suggesting Frank Dileo as a compromise variant that would suit both sides.

From Tohme’s revelations to Randall Sullivan we know that AEG Live did not consider Frank Dileo a person capable of creating trouble for AEG Live, so they agreed to keep him by Michael’s side as a harmless old buddy who “made Michael laugh” and reminded him of the good old times they had once enjoyed together.

As regards Leonard Rowe they didn’t think him to be a serious opponent either as his candidacy was indeed not free from a certain ambiguity, but Rowe was capable of creating problems for AEG and this is why they pressed Michael into dismissing him.

The person of their choice was Tohme Tohme. This is really who AEG Live was ready to deal with and actually went on cooperating with.

Leonard Rowe’s own account of the story is fitting this picture perfectly well (his book and the dates will be quoted here from the blog:  thttp://loveformichaeljackson.wordpress.com/category/tohme-tohme/)

March 21, 2009 Michael Jackson asks Leonard Rowe to come and work with him and to keep an eye on what AEG was doing and watch over his finances. (WRHTMJ – pg. 125)

March 25, 2009 Leonard Rowe appointment letter signed by Michael Jackson:

Randy Phillips/AEG address

Dr. Mr. Phillips

Please be advised that effective from the date of this letter, Mr. Leonard Rowe is my authorized representative in matters concerning my endeavors in the Entertainment Industry (or financial overseer only). All such matters concerning me shall be directed to Mr. Rowe (pertaining to finances [not legible]/and the 02 shows in london this can be revoked at any time) who shall act in my stead, until and unless I revoke this authorization.
Please extend every courtesy to Mr. Rowe.

Sincerely yours,

Michael Jackson

State of California

County of Los Angeles

On March 25, 2009, before me personally came Michael Jackson, known to be to be the individual described in and who execued the foregoing, and acknowledge to me that he executed it.

________________________________

Notary Public

*the information in parentheses is handwritten on the letter by Michael Jackson and the “not legible” in brackets is something handwritten in the letter that cannot be made out by this blogger. Misspelled words remain the same in the Notary Public paragraph as they are in letter provided by Mr. Rowe. Michael Jackson allegedly signed the letter. There is no notary public signature on the letter provided. (WRHTMJ – pg. 131)

In his book Leonard Rowe mentioned a very important point I did not know of –  every leg of the show should have a separate signed contract by the artist before the tickets are put on sale (or it can be done as a signed Appendix to the general agreement). Needless to say, the AEG contract had nothing of the kind:

For starters, AEG sold out fifty shows but the contract between AEG and Michael does not mention fifty shows, it speaks only of thirty-one shows. In fact, Michael told me personally that he only originally agreed to do ten shows but evidently, contractually this number was increased to thirty-one. Surely a company the size of AEG, with their in-house attorneys, that promotes hundreds of concerts every year, would surely know the simple fact that every show or leg of shows must have a signed contract by the artist before the show is put on sale. But AEG had no signed contract with Michael for fifty shows. These additional shows put increased pressure on an already sick and frail Michael Jackson, whom they knew would never want to disappoint his fans by not performing. (WRHTMJ – pg. 159)

Rowe says that Randy Phillips refused to work with him and practically blackmailed Michael Jackson by threatening to “pull the plug” if he didn’t give in. This is the second time we hear about the threat to “pull the plug” or cancel the shows attributed to Randy Phillips – the first time it was at Murray’s trial when Kenny Ortega read out his email to Phillips. Randy Phillips said that he never heard the expression:

Randy Phillips knew he had to do something about me, when Michael asked me to come and work with him and to watch over his financials and other business affairs. This also included the shows that were scheduled for London. Michael told me that Randy Phillips had said to him that he refused to work with Leonard Rowe, and that he was calling in Frank DiLeo to manage him. If he didn’t accept this, then he was going to pull the plug on everything. He knew he had Michael trapped. From that point on, Michael and I began speaking a lot less often. I received a phone call from Michael a day or so later and he said to me, “I want you to meet and work with Frank DiLeo.”

Rowe makes a very important observation which fully coincides with my opinion of AEG’s contracts with Michael Jackson and Conrad Murray – Randy Phillips had a tendency to make things he wanted them to be without having a signed contract in place. This manner is extremely deceitful as it either creates the impression that the matter is fully agreed on and only some formal papers remain to be finalized (Murray’s case) or conversely, that nothing is yet finalized and there is plenty of time to look into details before making the final contract (Michael Jackson’s case).

As to Frank Dileo I think that he was the candidate who suited both AEG and Michael and therefore Michael must have easily agreed to Frank. He could also do it simply to avoid more pressure from AEG, especially in the face of the threat to “pull the plug” and demand all the advances back:

…Randy Phillips and Frank DiLeo claim that Michael had hired Frank DiLeo to be his manager and he was to replace me. I never heard any of this form Michael. When it came to Michael Jackson it appeared that Randy Phillips had a tendency to make things like he wanted them to be without having a signed agreement or a contract in place. I have asked numerous times where is Frank DiLeo’s management contract signed by Michael. They surely would have one if that was Michael’s wish, but it wasn’t. In my opinion, this was an act forced on Michael by Randy Phillips. Michael told me himself that he would never hire Frank DiLeo again. He could have hired Frank DiLeo before he signed an agreement with me but he didn’t. In my opinion, and the words of Michael, this was a move being forced on him by Randy Phillips in an effort to get rid of me. (WRHTMJ- pgs 144-147)

I was told by Michael Jackson that Randy Phillips had called him for a mysterious meeting. At this meeting, Michael said he was told that AEG refused to work with Leonard Rowe, and that he had to get rid of me. They were calling in Frank DiLeo to manage him and take my place. If Michael did not agree they were going to pull the plug on everything and demand payment of all the advance money that AEG had provided him. They knew that they had Michael Jackson where they wanted him… (WRHTMJ- pg. 183)

http://loveformichaeljackson.wordpress.com/category/tohme-tohme/

No wonder that when Michael was inviting Frank Dileo he laconically worded it as: “It’s a little messed up” which was a gross understatement of course:

By the time DiLeo returned, Jackson’s inner circle had shriveled practically to nothing — no lawyers or accountants, for example — with the July kickoff of “This Is It” just weeks away, DiLeo contended in an exclusive interview.

Only  Jackson’s then-manager, the “mysterious Dr. Tohme Tohme,” as the press sometimes described him, remained, DiLeo says. And soon Tohme Tohme’s status turned murky.

“Look, come back, it’s a little messed up,”’ said Jackson, as DiLeo remembers it.

http://www.thewrap.com/media/article/michael-jackson-5-return-branca-22424

No, it wasn’t just “a little” messed up. It was a terrible mess and judging by the way AEG Live was taking decisions for Michael, ignoring his opinion and controlling his life and business affairs it was it more like keeping him a hostage than having equal cooperation with him.

HOW MANY SHOWS WAS IT?

The short answer is 10 shows. The long answer will involve an explanation.

From Frank Dileo we know that the letter of intent passed by AEG Live for their contract with Michael was read out to him three times. The “readers” were most probably Thome’s lawyer Joel Katz, AEG’s lawyer Kathy Jorrie who also drew up Murray’s contract, and the third one was most probably Thome himself. What is important is that there was no lawyer by Michael’s side to represent his interests at the negotiations.

Irrespective of the number of times the AEG contract was read out, hearing it was no good. Imagine this contract as an algebra formula containing lots of unknown X, Y and Z whose definitions should be looked up in a certain Appendix where they are explained in ancient Chinese, and you will probably realize that for the ear this contract was totally incomprehensible.

Difficult puzzles like that should be first spread out on a desk, thoroughly analyzed, compared back and forth, and only after all that you will probably grasp half of what it is.

However with Tohme’s invaluable help on January 26, 2009 AEG Live managed to have those unfinished documents signed.  I call them unfinished because the letter of intent addressed to “Dear Dr. Tohme” closed with a hope they would sign a definitive agreement soon and carried two Michael’s signatures which did not match. The documents also contained a promissory note for the advance paid to Michael by AEG. The advance was backed up by the assets of Michael Jackson Company LLC which was run by Tohme Tohme at the time. This way all of it ran a full circle and left no escape for Michael Jackson.

The number of shows the AEG contract contains is the number no one has ever heard of - 18 shows. Strange as it might seem but this number Michael Jackson could have even heard. Why I think so is because Michael wanted  two shows a week at the most and if we divide 18 shows by the 9,5 weeks between July 26th and September 30 stated in the contract it would make exactly two shows per week as Michael expected.

So those 18 shows were probably the only final number of shows Michael was counting upon.  The papers said that 18 shows could be increased to 31 under certain circumstances but only after obtaining the approval of the Artist’s company, which was absolutely no problem as it was run by Tohme as you understand.

However Michael never talked even of 18 shows and insisted that it was 10 only. The family knew of the arrangement:

Jackson’s family are aghast and say in private that they don’t think he can [do the shows]. His mother Katherine felt comfortable with him taking on ten dates, which was the initial plan. But she and the rest of his family were stunned when he seemed to be pressured by the demand for tickets into adding a further 40 shows.

http://www.dailymail.co.uk/tvshowbiz/article-1170856/As-concern-grows-voice-health-mental-state-ask-Has-Jacko-40m-date-disaster.html

Is Katherine Jackson right when she says that initially it was ten shows only? Yes, she is.

In fact ten shows is the only correct number as only 10 shows were initially insured by Lloyds.

INSURANCE

On March 5th the Wall street Journal said that it had details of Michael Jackson’s deal and that Michael Jackson was not committed to play more than the original 10 shows:

The Wall Street Journal has the details of Jackson’s deal with AEG Live…..[ ] Mr. Jackson would then have the option to add more dates in Europe, Asia and finally North America. But he is not committed to play any shows beyond the original 10, and would in any event not reach the U.S. before 2011.

The confirmation of 10 shows by the insurers is a fundamental and top important fact rarely mentioned in the press though it can still be found in some sources. Randy Phillips himself disclosed several times that the insurance covered only 10 concerts and initially it was for the first 23 days only. Let us divide 23 days by the show/day off pattern established by AEG and Tohme, and you will see that it makes exactly 10 or 11 shows.

No wonder that the doctors chosen by the insurance company said that Michael passed his medical examination with flying colors. They tested his health for four and a half  hours and determined that he would perfectly cope with 10 shows (and no more).  I never doubted those findings because essentially Michael was a healthy man who could have done even more shows if he had been given enough time to restore his energy and get enough sleep between the shows.

Randy Phillips said that the doctors who examined Michael’s health were independent and this means that they were chosen by the insurers:

Asked about concerns over Jackson’s health in recent years, Phillips said Jackson had passed a four-and-a-half hour physical examination with independent doctors.

http://uk.reuters.com/article/2009/03/05/uk-jackson-idUKTRE5234ZI20090305

According to Tohme the medical examination took place sometime in February and by March 15th AEG Live the insurance for the first 10 dates had been ready. The problems with it  appeared only when AEG was blinded by its greed for a million tickets and added 40 more shows:

AEG Struggling To Insure Michael Jackson’s Farewell Concerts

Hilary Lewis|March 15, 2009

Tickets for Michael Jackson’s farewell concerts at London’s O2 arena may have sold out in a record five hours, but it’s taking promoter and venue operator AEG Live much longer to find someone willing to insure all of the King of Pop’s dates.

NY Daily News: AEG has lined up insurance for the first 10 dates, but may be forced to self-insure the rest of the performances at the O2 arena between July and February.

Chief executive Randy Phillips said he isn’t worried.

“The insurance brokers sent doctors and they spend five hours with him, taking blood tests. He’s a vegetarian, he’s in great shape,” he said.

“We would be prepared to self-insure to make up the dates. It’s a risk we’re willing to take to bring the King of Pop to his fans.”

http://articles.businessinsider.com/2009-03-15/entertainment/30028493_1_dates-aeg-live-asap

The increase in the number of shows was an unwelcome surprise to the insurers – 50 shows involved a much more demanding regimen, were connected with much higher risks and evidently required a more thorough physical check up.

The reason for their doubts was not so much Michael’s health but the grueling seven-month run of the shows. In fact the situation was even worse than the insurers imagined it – the run was a combination of two enduring marathons with a three months break between them. The insurers realized the difficulty of such a grueling schedule for a 50 year old man and showed a much more responsible approach to this matter than AEG Live, though of course all they were thinking of was money too. In the middle of March the matter was not resolved yet:

MARCH 15, 2009

AEG CAN’T INSURE LONDON CONCERTS…

Telegraph:

AEG Live, which organised the star’s programme starting in July, said the company is “still negotiating” with insurers, but insisted it is willing to take on the risk of Jackson falling ill.

Insurance sources told trade magazine Reinsurance that the appetite to cover the risk was low after the schedule was extended from an initial 10 days. They said concerns existed over the 50-year-old’s health and the gruelling seven-month run.

The company is understood to have managed to secure cover for the first 10 dates, worth about £80m, with the additional dates likely to take the policy towards £300m.

http://www.thedailyswarm.com/headlines/michael-jackson-imposter-aeg-cant-insure-london-concertsscalper-tickets-selling-4klawsuit-filed/

The amended variant of the insurance policy was effective as of April 24th and covered 30 shows ON CONDITION Michael Jackson underwent a second medical examination

The amended variant of the insurance policy was effective as of April 24th and covered 30 shows, but only ON CONDITION Michael Jackson underwent a second medical examination

So what Michael said about going to bed thinking it was 10 and waking up to 50 was absolutely true. Moreover the same can be applied to the insurers too – they also thought they were insuring for 10 shows but were soon facing 50 instead.

Only Lloyds could not tricked as easily as Michael Jackson was and the insurers agreed to increase the cover to 30 concerts as their final insurance policy showed it (it was agreed in April).

This agreement was most probably obtained on condition that Michael Jackson underwent the second medical examination – in London this time.

Since Randy Phillips always talked of the insurance for the first 10 dates as a finalized matter and never made any reservations about repeated physical examinations for it, we can consider it an undisputable fact that the need for a second medical examination arose only due to AEG’s increase in the number of shows.

This means that if AEG had not imposed on Michael Jackson those 50 concerts, no second examination would have been required, and Conrad Murray would not have spent half the night exchanging emails with the insurers and would have probably not left his patient unattended. And if he hadn’t left him Michael would probably be alive now.

WHO DID MURRAY WORK FOR?

So whose orders was Murray fulfilling – Michael’s or AEG’s? And in whose factual employment was he if he was taking care of AEG’s business when his duty as a doctor demanded looking after his patient?

Michael refused to provide medical records for the past 5 years for the second examination demanded by the insurers and was of the opinion that one physical was quite enough. I can imagine how insulted he was by the insolent way AEG increased those shows in the first place and was all the more insulted by the resulting need to do a second medical examination. After all this was happening solely due to AEG’s insatiable appetite – Michael never wanted those 50 shows, so why should he bend over backwards to fulfill their orders now?

Many of us are wondering whether it was Murray’s obligation to follow AEG’s instructions and spend half the night settling the insurance matters instead of taking care of his patient. Well, you remember that the central point of Murray’s agreement with AEG Live was “performing the Services reasonably requested by the Producer”.

One of those requests came from Kathy Jorrie on June 18, 2009. She sent Conrad Murray his contract with AEG  for final revision and in the same message also asked him to assist them in obtaining the medical insurance for AEG Live:

Kathy Jerrie of AEG Live to Conrad Murray: "

Kathy Jorrie of AEG Live to Conrad Murray: “AEG is arranging to obtain cancellation insurance in connection with the O2 performances. Is this something you can assist us in obtaining for the insurance company?” June 18, 2009

Murray did not refuse them. He was hoping to have his contract with AEG Live finally signed and was surely  unwilling to break its terms as he wanted very much to receive the money AEG owed to him since May 1.

The email from Kathy Jorrie thanking Murray for agreeing to assist AEG Live in obtaining the medical records came on June 23d, so they were discussing this matter just on the eve of Michael Jackson’s death.

Kathy Jerrie to Conrad Murray: "Thank you for agreeing to assist..."

Kathy Jorrie to Conrad Murray: “Thank you for agreeing to assist…” June 23, 2009

Murray was arranging those papers either as a favor to AEG Live or as “performing the Services reasonably requested by the Producer”.

And it was during performing those services for AEG Live that his patient stopped breathing and Murray did not even notice it.

Some will say that even if Murray had not been busy with the AEG papers that night he would have talked to his girls instead and this we cannot fully rule out of course, but no speculation should distract us from the hard fact that Murray was taking care of the AEG insurance that night solely because he was fulfilling AEG’s orders.

And it seems that we even know why they were in so much hurry with the insurance.

Only one article reported this very strange fact.  This article was dated June 26th 2009 (the next day after Michael’s death) and said that the physical for obtaining the insurance was to take place that very day  which was  June 26!  When reporting this incredible news the paper referred to sources within Lloyds:

26 Jun 2009

By Katherine Blackler

…Sources also told Reinsurance that Robertson Taylor, the specialist music and entertainment arm of Oxygen Insurance Brokers, is the broker for Michael Jackson’s UK concerts that were due to take place in London later this year.

However, it is believed by many today that the claims may not be as high as originally believed as cover had only been secured for the event of ticket refunds, not for profits. According to sources current estimates for claims stand at around £100m.

A Lloyd’s spokesman said: “We can confirm that some insurance for Michael Jackson’s concerts has been placed in the Lloyd’s market, but any losses are not likely to be significant.”

Robertson Taylor was unable to confirm of deny the rumours today due to confidentiality issues.

According to sources within Lloyd’s, Michael Jackson was also ironically due for a physical today in an attempt to secure life insurance cover.

http://www.postonline.co.uk/reinsurance/news/1406311/claims-cancelled-uk-michael-jackson-concerts-cost-industry-gbp300million

So if we are to believe this article and a source within Lloyds, the physical examination was to take place the very next day Michael died??

How is it possible if they were talking of an examination in London only? I have no answer to it at the moment but the sources within Lloyd’s should know what they are saying, shouldn’t they?

And I see nothing ironic about it either. All these coincidences are becoming really too much.

Does this strange fact add a new shade to our understanding of the situation around Michael prior to his death? I am afraid it does, and very much so, however I’m not ready to elaborate on it further yet. Thinking of various possibilities it might involve is really too depressing, so let’s look at another problem instead.

WHY DID THE 50 SHOWS DISPUTE ERUPT ONLY IN JUNE?

Though the 50 dates were set in the first decade of March the dispute over them reached the press only in June 2009 when Michael disclosed to his fans how unhappy he was with the schedule. It was totally uncharacteristic of Michael to reveal his problems to anyone at all and this makes me think that there were some circumstances that prompted Michael to be so unusually outspoken with his fans.

The media reported the dispute on June 5 -6, 2009, so for full three months since March Michael was keeping silent:

Michael Jackson Is Thrilled With 50-Date Comeback Concerts

June 6th, 2009 8:40am

The promoters behind Michael Jackson’s comeback have slammed reports the pop superstar is angry he has been signed to perform 50 London concerts.

Jackson was reported to have protested the length of his run at the British capital’s O2 Arena this summer while talking to fans outside a rehearsal session.

He reportedly told them, “I don’t know how I’m going to do 50 shows. I’m not a big eater; I need to put some weight on. I only wanted to do 10, and then take the tour around the world to other cities. I went to bed knowing I sold 10 dates, and woke up to the news I was booked to do 50.”

But Randy Phillips, the CEO of producers AEG Live, insists Jackson’s comments were fabricated.

He says, “This is not true; Michael Jackson was thrilled at selling 50 shows. The size and scale of this show would not be possible without an extended run, which Michael has been fully on board with from the very beginning. He has not agreed to a world tour at this point, however, he can at any time.”

http://www.starpulse.com/news/index.php/2009/06/06/michael_jackson_is_thrilled_with_50_date

Now it looks almost incredible that Randy Phillips reacted to the news of Michael’s dissatisfaction by claiming in full earnest that Michael was “thrilled” to do 50 concerts and that his comments were “fabricated”.

The fact that Michael was resentful of the way AEG forced him into those extra dates leaves no doubt whatsoever, but it is a bit surprising that the dispute erupted only at the beginning of June. The crisis took place three months earlier, so why did it surface only in June?

One of the reasons for that might be the unpleasant discovery Michael made about AEG with which the conversation with the fans started. He found out that through a Viagogo broker AEG was selling the best seats at exorbitant prices and Michael’s most devoted fans had to stay somewhere in the back as they could not afford to pay hundreds and even thousands of pounds for a ticket. The seats affordable to them were for the furthest rows only as they were sold at the face value of £50-75.

Though selling secondary tickets was mentioned in their contract as AEG’s “responsibility” Michael Jackson knew little or nothing about the price of secondary tickets. His ignorance of the matter is clear from the fact that he did not even realize that the area around the stage would be seated and that fans would not be allowed to stand there as was customary for his shows.

Talitha, a devoted fan put down in her blog their discussion with Michael of the tickets problem during their meeting on May 29th. Let me repeat it here again:

“They did the schedule wrong

The first indication I got that he wasn’t entirely happy with the tour was on 29 May, which was his last day of rehearsal at Center Staging. He spoke with a European fan who told him that we were unable to buy tickets to all the This Is It shows, firstly because everyone was limited to buying only four tickets per credit card and also because all the best tickets had been sold to a secondary ticketing site called Viagogo, which was selling them for hundreds or even thousands of pounds.

Normally the biggest fans are at the front because they arrive first and wait the longest, not because they fork out the most money. But the only tickets we could buy at face value, of £50 to £75, were for seats that were the furthest from the stage. (Note that artists usually get a percentage of the FACE VALUE of tickets sold so Michael might have gotten £20 for a ticket that sold for £1,000!)

After speaking with this fan about the tickets, Michael called the other nine of us into the studio. This is the conversation that took place, as I wrote it down that evening:

MJ: I love you, I love you, I love you. I wanted to tell you that I didn’t know that the concerts were seated. I didn’t know about that and I’m going to do something about it. They did that without my consent. They just did it for obvious reasons.

All of us: To make money, we know. We know it’s not your fault.

Jill: We know how complex this is and how many people are involved.

MJ: They did the schedule wrong too. It was supposed to be show, day off, show, day off, show, day off.

Jill: We are worried we won’t be able to keep up with you.

MJ: (laughs) I put everything I have into the shows. I work so hard. But I’m only one person. There is only so much I can do. (sounding emotional)

Me: Michael, please don’t push yourself too hard. Please look after your health. You are more important than anything. You don’t have to do all 50 shows. If it’s too much, just cancel them. Don’t let anyone pressure you into doing anything you don’t want to do. Only do what you want to do. It’s YOU who we love.

MJ: Oh thank you, you’re so sweet, thank you. Bless you all. I also wanted to say that I’m sorry that we don’t put the window down sometimes but it’s for security reasons. I know you all wait for me and I love you so much.

All of us: Don’t worry, we understand Michael. We love you. We love you more.

MJ: Thank you for your love and thank you for your loyalty.

He clasped his hands together, bowed his head, and stood there in silence for a while. We could feel his energy reaching out towards us, filling the room.

Unfortunately someone betrayed Michael by selling him out to a British tabloid, which reported some of the things he had said to us (and I believe to this other fan) the next day. AEG were quick to issue a statement denying the validity of the story.

http://www.michaeljacksonthelastangel.com/michael-jackson-this-is-it.html

The importance of Talitha’s evidence cannot be overestimated. It has several extremely important details which did not attract attention at first sight but have suddenly acquired a new meaning after everything we’ve read and seen.

A new point to what has been discussed here is that Michael says that “It was supposed to be show, day off, show, day off, show, day off” which looks like he thinks that the problem was fixed and the grueling schedule is no longer a threat.

But this is absolutely not the case. We have seen the final schedule and the only changes made there concerned postponement of the first shows until a later time while the pace of the shows essentially remained the same. This makes me think that even at the end of May Michael was still gravely misinformed about the true state of affairs with his schedule.

Another important point is that Michael was so far away from the business side of those concerts (or so misinformed by his partners) that he did not know the elementary fact that the concerts were seated.  Kenny Ortega presented it as an advantage – they allegedly did it so that Michael could see the faces of his fans:

“The show was a huge production, but it was also very important that Michael had these moments with just the audience,” says Ortega. “He would say, ‘I want to be looking into the faces of my fans who have waited for weeks and months to be here. So we developed a seating arrangement so that thousands of fans could be close to Michael.” Adds Payne: “One of our goals was to create those times that the fans had Michael all to themselves.”

http://www.people.com/people/package/gallery/0,,20287787_20314448_20693839,00.html

However Michael said that AEG Live did it without his consent and “he was going to do something about it”. Well, doing something about it means that he intended to discuss the matter with AEG Live, didn’t he? Now we can imagine what that conversation was like – by the bullying way AEG Live is openly behaving towards the Jacksons and their lawyers now we can imagine the way they talked to Michael then, when no one was looking and not a single person would say a word of support for him.

One more thing we learn from Talitha is that the front tickets were sold for hundreds or even thousands of dollars, and the usual face value tickets were scarce as all the fans present at that conversation (nine or more people from the US and Europe) could buy tickets only to the furthest rows despite their undoubtedly heroic efforts to get the best seats.  And this means that the costly “secondary” tickets made up probably the overwhelming share of the total number of the seats closest to the stage.

All of it makes me think that Michael had a hard conversation with Randy Phillips sometime after June 5th when the news of his talk with fans was published in the press. This might have had some impact on their further relations, later rehearsals and could even be a reason why he missed some of them.

Making a video for "They don't care about us"

Making a video for “They don’t care about us” (June 2009) at Culver Studios

The MJJ Timeline blog tells us that exactly at that time Michael went to Culver City and its studios to shoot the so-called Dome project which consisted of seven works, so this is probably where Michael relaxed a little after a confrontation with Randy Phillips:

June 01-11 :

In Culver Studios in Culver City, Michael shoots The Dome Project which consists seven works: Smooth Criminal (Jackson inserted into classic 2D black-and-white film noir chase sequence); Thriller (3-D movie starting in a haunted house with a ghostly image of Vincent Price, then moving into a graveyard where the dead awaken); Earth Song (3D short film featuring little girl who wanders through rain forest, takes a nap and dreams of the splendor of nature, and awakens to find the natural world has been devastated); They Don’t Care About Us (a/k/a Drill, 2D film in which a sea of soldiers march in unison; 10 male dancers replicated hundreds of times); MJ Air (3-D movie in which a 707 jet pulls into the frame; hole was to open in screen for Michael Jackson to enter; jet flies away); The Final Message (3-D movie of little girl from rain forest embracing the earth); and The Way You Make Me Feel (2D theatrical background featuring male dancers fashioned as historical construction workers.

Making Smooth Criminal at Culver Studios (early June 2009)

Making Smooth Criminal at Culver Studios (early June 2009)

By the way if all this was indeed happening on June 1-11 how could Michael attend the rehearsals if all this time he was busy with the videos?

There is one more point I noticed in Michael’s words to the fans.  Sounding emotional Michael said that he was putting everything into the shows and worked really hard, but he was only one person and “there was only so much he could do”.

What does this remark supposed to mean? To me it conveys Michael Jackson’s utter frustration with the way things were organized and the progress the show was making. He was doing his best, working hard but there was too little he could do alone, as all the rest depended solely on the producers …

Indeed it was May 29 already, only a month before moving the show to London and it was the last day of their stay in Centre Staging near Burbanks as Talitha recorded in her notes.

But even from what we saw in This is it,  at the end of May-beginning of June the show was still in the very basic stages of its production.

To be able to compare the various episodes from the documentary with the venues for rehearsals I’ve found their photos and the way they looked inside. It was important to find out which rehearsals were made where and what efforts were put in the production process by both parties.

REHEARSALS

Central Staging in Burbank - its Sound stage one where the rehearsals were held

Central Staging in Burbank – the rehearsals were held at its Sound stage One

The first place where the rehearsals started was Central Staging in Burbanks which is a one-storey building reminding you of a big hangar. It is dark, spacious and flat as it has no stage, and the TII episode where Michael says to Michael Beaden that he wants his music to sound exactly the way he wrote it is coming from exactly that place.

Even from that episode we can grasp that at that production stage the musicians were still rehearsing music and no dancers were anywhere to be seen. Michael was rehearsing his dance steps individually with Travis Payne in a separate studio, next to SoundStage One which was a place for general rehearsals (see the floorplan please).

Central Stage floorplan

Central Staging floorplan. Soundstage One was the place for general rehearsals. Michael for rehearsing in a separate studio with Travis Payne and one more choreographer.

From the LATimes article dated May 12, 2009 we learn that Michael went to those rehearsals four mornings a week and spent 6 hours in the Soundstage studio.

The article mentions dancers too but in a roundabout way – Randy Phillips says that Michael had no difficulty in keeping up with dancers half his age “during the rehearsals”, however there is no specific date when the rehearsals started and when the dancers were selected.

The only specific date we learn is that Kenny Ortega was hired for the job only “this Monday” which should be sometime around May 11-12th.

You will probably share my amazement here that AEG Live hired the director of the show only a month and a half before moving it to London.  

I assumed that this should have been done months before the show while a month and a half sounds a little too late, especially considering the grandiose plans they were having.

From other sources we learn that the casting for dancers was done also around the same time (or even later).

This vagueness in reporting is very characteristic of the way AEG was informing the media of their production process. It is even explained in the article below by the rehearsals being “a closely guarded secret”.

The article is long but is provided here in full to show how thorough the authors were in reporting the story:

Michael rehearsed with Travis Payne in a separate studio at Burbanks

Michael rehearsed with Travis Payne in a separate studio at Burbanks

Michael Jackson rehearses near Burbank airport

Tue May 12, 2009| Harriet Ryan and Chris Lee

Four mornings a week, an SUV with darkened windows bears Michael Jackson through the gates outside a nondescript building near the Burbank airport. He spends the next six hours on a soundstage in the company of 10 dancers and pop music’s best-known choreographer.

The details of rehearsals for Jackson’s upcoming concerts in London are closely held secrets, but what’s at stake for him is not. The ambitious schedule of 50 sold-out shows could turn out to be the final, sad chapter of Jackson’s storied career — or one of pop music’s all-time greatest comeback stories.

When — or if, in the view of many industry skeptics — Jackson takes the stage at the O2 Arena July 8, it will be his first extended concert run in 12 years. Doubters cite his long hiatus from performing, health problems, a onetime prescription pill addiction, age — he is 50 — and his reputation for flaking out on performances and business deals.

But the concert promoter, Los Angeles-based AEG Live, insists that Jackson is prepared mentally and physically and that the show, called “This Is It,” will break new ground in both artistry and sheer cost. The production budget is “north of $20 million,” a price tag that will include as many as 22 different sets, said Randy Phillips, the company’s chief executive.

“It’s going to be the biggest, most technologically advanced arena show — and the most expensive — ever mounted,” Phillips said.

On Monday, the company announced that choreographer and director Kenny Ortega, the force behind the movie “Dirty Dancing” and the “High School Musical” series, as well as Jackson’s Dangerous and HIStory tours, has signed on to direct and design the shows. Ortega agreed to work around his schedule as director of the planned remake of the 1984 movie “Footloose” to take on Jackson’s shows, according to AEG.

In a statement, Ortega called Jackson “the greatest entertainer of our generation” and said he was eager to collaborate with him again. “My answer without a beat was nothing could keep me away,” he said.

In Ortega, Jackson chose someone who has achieved what he could not — continuous cultural relevance after great success in the 1980s. He tapped as the show’s choreographer and associate director Travis Payne, who worked with Jackson in the mid-1990s. Payne’s recent work includes routines for Beyonce and Madonna, as well as a “Dancing With the Stars” tribute to Jackson.

Also involved are younger choreographers who rose to prominence translating Jackson’s style for a new generation. Todd Sams, who has worked with Usher, is collaborating on the show, according to a representative, and Rich & Tone Talauega, a duo who have choreographed Chris Brown’s moves, were present for auditions last month.

The two-day casting call drew 700 dancers to downtown Los Angeles’ Nokia Theatre. “They were from the elite agencies across the world — London, France, New York,” said Australian dancer Nandy McClean, who was not chosen. “There were hip-hop dancers and jazz dancers. You could tell a lot of them were crazy Michael Jackson fans who grew up watching him.”

In the end, eight men and two women were selected. Jackson attended the second day of tryouts -- one agency head compared the experience to basketball players auditioning for Michael Jordan.

“Dancing for an artist who is so amazing and who everyone looks up to was the best feeling of my life,” said Atlanta dancer Victor Carter, who did not make the cut. “He perfected the profession.”

Jackson is taking a hands-on role in coming up with routines, according to Ortega and Phillips. The singer is developing a move that he hopes will be as distinctive as the moonwalk, Phillips said. “He’s working on it,” he said, refusing to say more: “I’m sworn to secrecy.”

When the public last got an extended look at Jackson — during his 2005 molestation trial — he appeared in no condition for a grueling concert schedule. He was hospitalized during the proceeding, his clothes hung on his gaunt frame and at times he seemed to have difficulty walking. He later acknowledged an addiction to painkillers.

But AEG’s Phillips said Jackson had “filled out” by last November, when discussions about the London concerts began. He said a four-hour physical with an independent physician this spring found no medical problems. In preparation for the shows, Jackson is doing aerobics with a personal trainer and has had no difficulty keeping up with dancers half his age during rehearsals in Burbank, Phillips said.

Those practice sessions occur in secrecy, thanks to security patrols and confidentiality agreements. There have been rumors, especially in the British media, that the production will include a duet with Jackson’s eldest son, Prince Michael, a stage filled with Jackson look-alikes, and a cast of monkeys and elephants.

Beyond denying the last report — “No animals. No animals!” Phillips said — producers are tight-lipped about what the 20,000 fans in the arena will see. Jackson will perform between 18 and 22 songs. Some choreography will feature aerial dancing similar to routines by Cirque du Soleil, he said.

The singer has said he will sing his hits, telling a March news conference, “I will be performing the songs my fans want to hear.”

The concert preparation has not been spared the lawsuits and threats of suits that seem to be a given in any dealings with Jackson. Last week, he was sued by his former publicist and the actress who co-starred in the 1983 “Thriller” video. On Monday, a New Jersey concert promoter sent a cease and desist letter, alleging the London appearances violated terms of an agreement to play a Jackson Five reunion concert.

Phillips said the claim was “meritless” and had not affected rehearsals.

http://articles.latimes.com/2009/may/12/entertainment/et-jackson12

There are abundant articles saying that on May 12th casting was still in the final stages for the dancers and even the band, and if this is true it means that two months before the show there was still no team!

The article below for example, says that “last week” thousands of dancers arrived for the casting, and this makes it around May 10. The text gravely contrasts to the dates provided byAEG  in This is it documentary – over there they claimed that the auditions were made on April 13 or a month earlier.

There is so much make-belief in the whole story that even this picture dated May 12th shows Kenny Ortega as if he is fully engaged in the production process though in fact he was only just hired:

Michael Jackson Gets Ready For Tour

3:29pm UK, Tuesday 12 May 2009

Michael Jackson has been photographed getting ready for his historic 50 concerts this summer.

Last week, thousands of dancers flew in from every corner of the globe including Japan, Australia, South America and Europe to audition for Jackson – all of them were chasing their dream of winning a spot to perform on stage with their idol.

Kenny Ortega, the renowned Director, Producer, Choreographer and creative talent is hard at work collaborating with Michael Jackson in the overall design and direction for the upcoming This Is It concert shows.

Even after the selection process narrowed the competition from thousands of submissions to over five hundred top international dancers, there was still no dance space large enough in Los Angeles or New York to house the auditions.

This is it documentary says that auditions were on April 13th (and not in May)

This is it documentary claims  that auditions were held on April 13th or a MONTH EARLIER than the date reported by the press. The media said that the dancers flew to Los Angeles in the first decade of May 2009

The producers ended up booking LA’s Nokia Theatre L.A. LIVE, part of the site where the Grammy Awards are held each year, to handle the unprecedented numbers of performers who flocked to these auditions.

In receiving the phone call from Michael to lead the team, Ortega said, “My answer without a beat was nothing could keep me away.

“Collaborating with Michael on the Dangerous and HIStory tours were two of the greatest creative experiences of my life, to be invited to partner with him again is a dream come true.”

Ortega goes on to say, “I had just finished a World Press tour for High School Musical and was about to start a new film. In accepting the invitation I had to move a few mountains to clear my schedule, but I’m thrilled to say I’m fully on board.”

Casting is in final stages for dancers and the band.

http://news.sky.com/story/692709/michael-jackson-gets-ready-for-tour

Casting is in the final stages for dancers and the band? Isn’t it amazing that on May 12 newpapers report that casting is in the final stages for dancers and the band, while This is it presents it as if the same was made a month earlier – on April 13?

There are numerous other sources of the period saying that the director of the show and the dancers were chosen in the first half of May only. At the same time Michael was not only rehearsing but was also fully engaged in an aerobics course with a personal trainer and was even completing it.

May 12, 2009 11:30

Michael Jackson enlists ‘High School Musical’ director for London O2 shows

Michael Jackson has enlisted ’High School Musical’ director and choreographer Kenny Ortega to collaborate with him on his forthcoming gigs at London’s O2 Arena.

….Phillips claimed that Jackson had undergone a four-hour physical with an independent physician this spring, in which no medical inadequacies were found. The singer is supposedly currently completing an aerobics course with a personal trainer.

Full story: http://www.nme.com/news/michael-jackson/44599

Another piece of news reported at that time said that the initial two days of auditions for the 1000 dancers were followed by three more days of auditions for the remaining 500 dancers and this is why the final day of choosing the dancers was actually May 19th!

The further we look, the later the dates are, and the clearer it becomes that AEG Live is definitely hiding from the public the fact that the auditions were held a month later than they are telling us in that make-belief documentary:

This Is It: Jacko Picks Comeback Gig Dancers

3:43pm UK, Tuesday 19 May 2009

Twelve dancers were finally chosen in May 2009

Twelve dancers were finally chosen in May 2009

Twelve lucky dancers have been given the opportunity of a lifetime by being chosen to join Michael Jackson on stage for his comeback concerts in London.

The performers were picked from thousands of applicants from all over the world – 500 of which were invited to attend three days of auditions in Los Angeles.

Jackson himself was there to pick the final twelve, alongside show director Kenny Ortega and associate director and choreographer Travis Payne.

Oretega, who also worked on Jackson’s Dangerous and HIStory tours, said it was a tough decision to make.

“The level of dancers that we saw at the auditions was incredible,” he said.

“Michael was extremely hands on throughout the process in working with the dancers and selecting the final candidate.”

The singer begins his 50-date residence at the 02 arena on July 8th.

Concert organisers have rejected recent press reports suggesting Jackson had cancer.

“As usual, Michael Jackson is a magnet for preposterous and unverifiable stories in the media,” Randy Phillips, president of AEG Live, said in a statement.

“He is in great health, working tirelessly on creating the greatest live performance of his career, and does not have skin cancer.”

He also dismissed suggestions the show would include elephants.

Philips has promised an ‘inspiring’ show and ticket holders coming to see the 50-year-old singer return to the stage “will not be disappointed”.

He said: “From the special effects to the quality of the dancers and musicians, we are setting a new standard for major arena shows.”

Michael Jackson will be joined on stage by dancers Charles Kapow, Ricardo Reid, Tyne Stecklein, Misha Hamilton, Mekia Cox, Nicholas Base, Danielle Rueda-Watts and Christopher Grant – all from America.

Timor Steffens from Germany, Australian dancer Shannon Holtzapffel and Canadians Daniel Celbre and Devin Jamieson will also be showing off their dancing talents.

http://news.sky.com/stoy/693949/this-is-it-jacko-picks-comeback-gig-dancers

With all this fabrication of facts, false dates and make-belief stories  it seems that AEG is indeed setting a new standard for interaction with the public…

Central staging

This rehearsal must have been either at Central Staging (up to May 29th) or the Forum (June 1-21st)

Another article, dated May 20, 2009  reports that Michael is still rehearsing 6 hours every day, this time together with the dancers.

A lot of noise is made about the delay in the shows which is already considered full Michael Jackson’s blame though now we know that the director of the show was hired only a week before that and it is no surprise that AEG is now lacking time to complete the production process by the deadline.

What is also interesting is that Frank Dileo who in May 20th was actually an acting manager for Michael Jackson is named here as his “former” manager with no word said about Tohme being fired. Michael could not have worded it himself so it is clear that this misinformation could come only from AEG Live.

As is usual the case the article is full of doubts and sad predictions concerning Michel’s ability to perform which now seem to me the result of some “private” disclosures from the same AEG Live:

Michael Jackson’s London Shows Already Delayed

by Josh Grossberg Wed., May 20, 2009 12:56 PM PDT

Is the King of Pop already fizzling out?

No doubt to the delight of British bookies who predicted the shows wouldn’t go on, Michael Jackson announced today that he was pushing back the dates for his heavily hyped comeback concerts set for this summer in London.

His 50-show residency at the O2 Arena, dubbed “This Is It,” had been slated to kick off on July 8. The new start date—at least for now—is July 13.

And what exactly is the reason for the delay?

“There’s nothing nefarious,” Randy Phillips, CEO of concert promoter AEG Live, said in a video news conference Wednesday. “There’s nothing going on with his health. This is strictly a production issue.”

AEG claims the “massive and technically complex show,” which will feature special effects, live animals, intricate illusions, stunt work, elaborate costumes and plenty of dancing, is requiring more prep time than originally planned.

Performances set for July 10-14 will now be rescheduled for next March, likely ticking off those fans who thought they had the coveted seats to Jackson’s first live shows in more than a decade. 

Jackson is said to be rehearsing six hours a day in a Los Angeles studio with eight dancers—six men and two women—handpicked from dance companies from around the world.

He is also working with the same magician who created illusions for Britney Spears’ Circus tour.

The 50-year-old entertainer stands to earn upwards of $50 million if he manages to fulfill the entire sold-out residency.

But even if the production gets squared away, there’s a chance Jackson could be derailed before taking the stage. Rival promoter AllGood Entertainment is threatening to sue the performer for breach of contract for refusing to participate in a Jackson family reunion show with the rest of his brothers and sister Janet. According to the terms of that deal, Jackson had allegedly agreed to a noncompete clause barring him from any other live concerts before the family show.

At a top-secret meeting with family members and business associates last week, Jackson said he won’t do the family act. He claims his former manager signed the deal with AllGood without the Gloved One’s permission. AEG Live has called the claims “meritless” and said the London shows will go on.

Full story: http://uk.eonline.com/news/124962/michael-jackson-s-london-shows-already-delayed

Now that we know that all this time Michael was working really hard and it was his partners who were dragging their feet, the meaning of Michael’s words is becoming much clearer:

  • “I put everything I have into the shows. I work so hard. But I’m only one person. There is only so much I can do”.

But now we also know that AEG was aware of the fact  that they started too late and this is why now they are trying to mask it by extremely dirty tricks in an attempt to convince the public that they started just at the right time and their work schedule was splendid.  The lies they are resorting to are simply unheard of – the comparison of the actual articles published at the time with the This is it episodes citing totally different dates shows that AEG Live is not even above forging the dates!

The way I see it it was only when AEG realized how serious Michael was taking his training sessions and how thorough he was in getting ready for the shows that they started the production process at all. In fact it looks like they were intentionally dragging their feet waiting for him to “fizzle out”.

For the sake of accuracy I need to note that despite the overwhelming information about the casting for dancers and hiring Ortega done in May only, there are also some reports that Ortega was working for the project already in April. The same refers to the auditions too.  There is no explanation I can give to this discrepancy except making a supposition that in April Ortega was involved as a consultant only and that an early start of the auditions was intentional disinformation on the part of AEG Live.

Do we have any reasons to believe that AEG Live is capable of intentional disinformation? Yes, we have and we have already seen proof of it. But this is not all.

FURTHER FABRICATIONS

In a recent LA Times article I noticed a picture from This is it with a wrong date attached to it and realized that AEG is again trying to make us think that they started early enough to complete the show on time.

To “prove” it they are providing us with a picture shot in the last days of June and pretend that it was made as early as May 2009.

Kevin Mazur -May 28, 2009

The photo was taken by Kevin Mazur in the Staples Center on June 23 or 24, but is now carrying a comment that was made on May 28, 2009 thus sending us to a month earlier.

The comparison of photos from the respective venues shows that the May date is forged.

May 28th is impossible even in theory.

At the end of May Michael and the musicians were still rehearsing in the dark hangar of Central Staging in Burbank, after which they moved not even to the Staples Center but to the old Forum in Inglewood.

May 29th was the last day of their rehearsals in Burbanks and to confirm that on May 28th Michael was still in Burbanks let me quote Talitha once again though she is not the only one who is mentioning it:

The first indication I got that he wasn’t entirely happy with the tour was on 29 May, which was his last day of rehearsal at Center Staging.

Here is Soundstage One of the Central Staging in Burbanks:

Central Staging does not even have a stage

Central Staging does not even have a stage

Please compare it with the above photo carrying a fake May 28th date attached to it and tell me whether it looks like one and the same building?

Absolutely not!

The surface of the stage is different, the lightning is different and actually Central Staging in Burbanks does not even have an elevated stage!

rehearsals forum

At the Forum

After Burbanks the team moved to the Forum, an old arena of the same configuration as the O2 arena in London where some other episodes of This is it were shot too.

But even the Forum venue looks decidedly different from the stage in the Staples Center where Kevin Mazur’s photo was taken – firstly, the Forum has seats around the stage, and secondly the lightning and other props are totally different from everything we see at the Staples Center.

The Forum - you can see the seats behind Michael

The Forum – you can see the seats behind Michael

At the Forum they stayed for almost a month and finally moved to the Staples Center on June 22nd where they had the two final rehearsals. These were shot by two high-definition cameras and when Michael asked Randy Phillips why he was doing it, Phillips said they should archive his historic comeback.

To me it looks like they were already preparing themselves for a movie and in view of Michael’s eventual death (which also accidently fell  just on the eve of his second medical examination) the whole thing begins to acquire really sinister touches:

“I said, ‘We’ve got to archive your comeback because this is going to be historical,’ and [Jackson] agreed,” Phillips says. “We never expected it to be a movie. This was really for his personal archives—and also to be B-roll and behind-the-scenes footage that probably would have been a DVD concert film.”
http://www.filmjournal.com/filmjournal/content_display/news-and-features/features/movies/e3i148e1ece59e59865865f25b91b4c048f

It was in those two last days in the Staples Center that Kevin Mazur’s photo was taken though now AEG Live tries to present it if it was during the early stage of the rehearsals.

But why are they faking the date?

Because they don’t want anyone to know that at the end of May- beginning of June the show was absolutely not ready though it was supposed to move to London only a month later. Even at the end of June, when they were already speaking of  “dress” rehearsals the costumes were not ready, the videos were not yet finished, the robot from which Michael was to step out in the opening scene was only a project and some stage acts like that aerial thing were in the early stage of rehearsing too.

What AEG Live does not want the public to know is that they made an inexcusable delay in producing the show and this was either due to their poor organizational skills or hope that Michael Jackson would not live up to his word and cancel the shows without them even having to go into the trouble of arranging the rehearsals.

However when they realized that Michael was really focused and was getting ready in full earnest, they suddenly recollected their duties and drove everyone into a mad race trying to catch up and compensate for the time missed, doing it largely at the expense of Michael Jackson again.

The arrow in the bottom right-hand corner is pointing to the name of the venue where this rehearsal was taking place. IT IS STAPLES CENTER

The arrow in the bottom right-hand corner is pointing to the name of the venue where this rehearsal was taking place. IT IS STAPLES CENTER and it is here that Michael was photographed on the last days of his rehearsals

Though the topic of rehearsals is far from finished let me close it for today with the impressions of Kevin Mazur (that very photographer) of seeing Michael performing.

After the dreary earlier places the Staples Center must have inspired Michael very much indeed. It gave him the right feeling he remembered so well from his earlier times.

You will also notice that Kevin Mazur’s recollections are accompanied by the Getti pictures evidently taken on the same day when Kevin Mazur was making his picture (now dated May 28th).

The only difference between them is that Michael is wearing a different cover shirt on top of the same red shirt and a black T-shirt underneath it. This he could have changed during the break, so to me it does look like it is one and the same day in the Staples Center.

The other difference from Mazur’s photo is that the Getti images say that they were taken during Michael’s last performance and not a month earlier as AEG Live and the LATimes now assert it.

Here are some excerpts from Kevin Mazur’s story:

Michael Jackson’s last interview: The tragic singer’s final moments

By Tom Bryant

Getty: It was Michael Jackson's last performance

Getty: It was Michael Jackson’s last performance

… Michael Jackson whooped with joy as he rehearsed on stage for his comeback tour.

Thrusting his arm in the air after one of his trademark twirls, he cried: “I feel so alive – can you feel it?”

The superstar, who died of a heart attack just hours later, told photographer pal Kevin Mazur: “This is where I belong. Why oh why have I left it so long?”

Pointing to the lighting gantries high above the stage at LA’s StapleCenter he grinned broadly as he triumphantly declared: “This is where I belong.”

And he was still buzzing as he took a break from rehearsals and chatted to his old pal, photographer Kevin Mazur, 48 – who unwittingly captured some of the tragic singer’s final moments.

Kevin, a friend for 20 years, says Jackson, 50, was elated as he prepared for his spectacular This Is It tour.

He says the singer bounded on stage in a dark grey suit and headpiece, shouting: “Come on – let’s make this happen!”

He then performed one of his familiar spins, before proclaiming: “This is where I belong.” Turning to his friend, he beamed: “Can you feel it Kevin? Why oh why have I left it so long?”

After a stunning rendition of Smooth Criminal in which he danced in front of an illuminated 50ft montage, Jacko admitted: “I am so excited.

“We need a bit more work on a few more songs but we’re so nearly there. This is what it’s all about. Me being on stage.”

The pumped up star added: “The only thing missing is my fans, my people, my family – and they will come.

“I know they will. I am so happy with how things are going. Can you feel it! Can you feel it!”

Kevin watched spellbound as Jacko performed his entire set for an hour and a half until nearly midnight. He sang 12 songs, stopping only briefly to wipe his brow with a white towel strategically placed at the side of the stage.

At one point, Jacko blew a kiss into the auditorium, announcing: “This is me. The true me. I feel so alive. I feel as though I want to perform forever.”

Kevin said: “He was like an expectant father pacing up and down the stage. He was just so focused.

“Between songs, he burst into laughter and joked around with his dancers and the director. I have never seen him so happy.

“But there was a cool professionalism about him. He was there to do a job and boy, did he do it well. It was incredible.”

Kevin said highlights of the frenetic set included a Jackson Five medley, Black or White and Thriller.

Once he was finished, Jacko calmly went back over the list – and started re-doing the songs he felt needed improving.

…“He had this incredible energy. He was happy, laughing and having fun with the dancers. He looked like the same old Michael to me – the one I’ve known through the years and grown to love.”

…Kevin says the overriding feeling from the rehearsals was Michael’s sense of duty to his fans. He said: “He was such a perfectionist. He had that spark about him – that desire to create something special and give people the very best he could.

http://www.mirror.co.uk/3am/celebrity-news/michael-jacksons-last-interview-the-tragic-403559

P.S.

You won’t believe it but the most smashing proof that the media and AEG are fabricating the evidence in favor of AEG has arrived from the LA Times newspaper itself.

On April 16th I left a comment there saying that the date of their picture was wrong and when I looked up the same article today I’ve found that they replaced the first photo with a different one.

The second (current) photo is carrying a fake date again as it refers to the same May 28, 2009 , only this time the LA Times made a grave mistake of attaching the fake date to a photo which 3 years ago was labeled by Getti images as “Michael Jackson’s last performance”.

Indeed these attempts to forge pictures in full view of everyone are simply incredible. The latest fake masterpiece from the LA Times is here:  http://www.latimes.com/local/lanow/la-ln-la-jackson-aeg-20130410,0,5459012.story:

The photo from Staples Center with a fake date attached to it

The photo from Staples Center with a FAKE  date attached to it

And here is the same picture from Getty images taken 3 years ago.

Getty describes it as Michael Jackson’s LAST performance and the picture is coming in the article devoted to Michael’s FINAL moments in the Staples Center:

This Getty image appeared in the UK article devoted to Michael Jackson's final moments at Staples Center

The original photo said that it was Michael Jackson’s last performance  June 24, 2009

http://www.mirror.co.uk/3am/celebrity-news/michael-jacksons-last-interview-the-tragic-403559

I CANNOT BELIEVE WHAT I SEE…


Filed under: AEG THE HORRIBLE, The MEDIA, The SOCIETY Tagged: AEG Live, Burbanks, Central Staging, Death of Michael Jackson, Frank Dileo, Leonard Rowe, Michael Jackson, Sharon Osbourne, Staples Center, the Forum, Tohme, Tom Barrack

JACKSON lawsuit against AEG and the FUTURE in the hands of Michael Jackson’s FANS

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Recently I went to the MJJ Community forum to find out the latest news about the trial. What I found there surpassed anything I could ever imagine – those active in the thread about the AEG trial were pouring hate and spite on the heads of Katherine Jackson and her family without saying a single word of reproach to AEG.

The pretext was a plausible one – they don’t want the media to trash Michael Jackson’s good name, only in order to do it they are ready to let go of the company which actually brought about Michael’s death.

DEATH and CHARACTER ASSASSINATION

In their opinion the company is not to blame (“it is business, you know”) and the one who is to blame is the man’s own mother who lost her son and wants some justice and legitimate questions answered (“she is an enemy and her family sucks”).

They cannot wait to see Katherine on the stand to see her “web of lies exposed” and hope that AEG is “doing their homework well”. In fact losing the case to AEG is the outcome many are even hoping for.  They advise AEG on how to form their strategy and reduce the amount of money for this greedy woman in case of the catastrophe of her winning the case:

AEG’s strategy should be to go after her and her real motivations for filing this lawsuit.

By showing her contradictions and lies to the jurors, AEG might be able to reduce the amount of money (in case AEG loses) jurors are willing to award Katherine. If AEG shows the lies, contradictions, Katherine’s own responsibility to MJ, her greediness for money will portray her in bad light, so I think it might help AEG reduce the amount she’ll be awarded if any, at least I hope so.

Do these people know what they doing?

Most of them do not. They were brainwashed by AEG’s propaganda into thinking that poor AEG “has to” drown Michael Jackson in order to defend itself and it will be solely Michael’s mother who will be to blame for it.

However assassinating the son in order to defend oneself from his parents’ accusations is absolutely not a necessity. And character assassination of Michael Jackson is what AEG is actually doing.

Shifting all the blame onto Michael’s mother is top hypocrisy and the most shameless deceit. If character assassination of Michael Jackson is the only argument AEG can present to the jury to explain their negligence towards him it means that there is nothing else they have to say in their defense.

Some fans advise Katherine Jackson, “stay quiet, know your place, take it as it is, the estate is paying you money so what else do you want?” And the loudest call for punishing Michael’s mother, want her to get what she “deserves” and are ready to be at full service of AEG’s lawyers to drown in mud both this woman and her “deadbeat cubs” whom they detest and despise.

And all this in the name of preserving Michael Jackson’s legacy.

What disgusting hypocrisy and disgusting way of thinking of those who call themselves “fans” of Michael Jackson.

These people think and impose on others the idea that it is all about money and pretend not to know that there might be other concepts like “justice”, “dignity”, “loss”, “pain” and other similar motives which may be driving other people in their search for the truth – Katherine Jackson, for example.

It is indeed deplorable that due to some circumstances Katherine is unable to have her case handled by the criminal court – filing criminal charges against AEG is not her prerogative and all attempts in this respect have evidently failed. It is also very unfortunate that her civil suit against the company was stripped of its many crucial points. It is equally sad that a much more substantiated Joe Jackson’s suit in its amended version was dismissed for a reason that two members of the family cannot sue one company and that Katherine’s suit was chosen over Joe’s as hers came prior to Joe’s.

Now the whole AEG case is hanging on one thread only – that of AEG negligently hiring Murray. And it isn’t Katherine’s  fault that everything else was dismissed – it is her tragedy that the legal system closed its eyes on many of the key matters and dismissed the charges which could have been of real significance to the case.

Living where I live makes me perfectly aware of how difficult it is to fight the system which nips in the bud every single voice of dissent. So I can imagine how difficult it is to beat a multi-billion corporation which has numerous ways of influencing decisions in a place where they are also seen by many as a local tzar.

Only one little hope has been left now and this hope is that at least through their contract with Murray the AEG corporation will answer for driving Michael Jackson to death by their “business” which boiled down to making maximal profit on Michael’s name, humiliatng him and ignoring his requests and decisions, and the eventual taking advantage of him and his genius.

THE JURY

Who will be to blame if Katherine loses? AEG’s propaganda machine of course because the jury are human beings too and may also be brainwashed by AEG’s daily character assassination of Michael Jackson. They do not live in a vacuum and are susceptible to public opinion too which may be a totally involuntary process.

The more the public and the media tell them horror stories about Michael and the more Michael’s “fans” trash his mother for her claims against AEG, the less they will be inclined to sympathize with Michael himself and his bereaved mother.

So when the MJJ Community “Senior Staff” was telling me that the jury will be guided by the truth of the matter only and what people say in their forum is in no way influencing public opinion it was a very big lie and an utterly hypocritical statement.

In fact what is more or less forgivable for ordinary fans who have lost their way in the jungles of AEG and media propaganda is not forgivable for the forum Senior Staff who are big professionals and are therefore perfectly aware that their alleged unbiased approach and their quiet nod to the incessant dirt against Katherine on the forum pages is creating a big slant in favor of AEG, which this corporation will undoubtedly appreciate.

SENIOR STAFF

Disbelieving the picture of ruthless Katherine’s harassment I saw on the AEG thread of the MJJ Community forum I finally expressed my astonishment why some fans were advising AEG lawyers how to form their strategy against Katherine and wondered whether they understood what they were doing.

You won’t believe the effect this small remark produced on the Senior Staff maintaining this forum. They dropped everything they were doing and handled my humble persona only.

They behaved as if it was totally unnatural for a Michael Jackson supporter to say a word of support for Michael’s mother and say a word of truth against AEG. While everyone was trashing Katherine it was perfectly okay for the Senior Staff to keep silent, but when I raised my voice against AEG I was immediately restrained not to violate the “innocent until proven” formula.

AEG is innocent to these people while Katherine Jackson is evidently already guilty like hell.

What it means is that in a fan forum which by definition should be biased in favor of Michael’s opinion everything is happening exactly the opposite way – support of AEG is encouraged and protected from stray people like me, but Michael’s own views about AEG are disregarded and trashing his mother sees no objection as “the world of humans is far from ideal”, you know.

Of course it is in the power of the Senior Staff admins to correct human nature a bit, however they refrain themselves from this task.

The opinion of Senior Staff is actively supported by other proud members of the community (“proud” in terms of regalia and status) and this means that even four years after Michael’s death the forum is so masterfully maintained that up till now its ordinary members do not realize what horrible harm AEG did to Michael Jackson and that it was actually them who contributed to his death.

In fact even Michael’s own words about what AEG did to him are no guidance for these people:

I’m really angry with them booking me up to do 50 shows. I only wanted to do 10, and take the tour around the world to other cities, not 50 in one place. I went to bed knowing I sold 10 dates, and woke up to the news I was booked to do 50.”

Neglecting Michael’s wishes and ignoring his opinion was actually typical of AEG‘s attitude towards Michael but is generally untypical of Michael’s fans. However if you remind these fans of all the “good” AEG did to Michael they will defiantly reply that they are not to be told what to think, even if you are expressing your opinion only and never use the word “should”.

The “innocent until proven guilty” formula itself is perfectly correct, even in application to AEG Live, only the Senior Staff does not explain why in order to implement this formula it is indispensable to drag through the mud the other side of the dispute and why a simple balance of forces is not being maintained there – Michael’s mother and family may be freely trashed, ridiculed and stigmatized while a single voice elaborating on the legitimate claims against AEG should be almost immediately silenced.

This is equivalent to allowing on TV only Michael Jackson’s detractors and denying any chance to his supporters before the 2005 trial, only in the reverse variant of course, as the party to defend itself this time is AEG Live.

And yes, the only person telling the truth about AEG was silenced there – they blocked me as they simply could not tolerate my voice against AEG for more than two days running and my questions were regarded by them as an unbearable insult to their morality.

“IT WAS ONLY BUSINESS”

The people in the forum do not have any claims to AEG as they regard it as “only business”. In their opinion AEG could demand anything of Michael in the same way an employer demands discipline at their workplace.

However for some reason their efficient Senior Staff failed to explain them that Michael was not in AEG’s employment – he was AEG’s partner who was also supposed to pay full production costs and was guaranteeing the show by the duty to repay all $40 million back in case something went wrong.

A partner is no employee. The most that can be expected of a partner is fulfillment of his obligations under the contract and nothing else than that. And Michael’s obligation was to do only a first-class show and not a rehearsal. If they considered his performance second class they could complain, but not before that.

So it was solely Michael’s business how to get ready for the tour and AEG could not demand anything of him, let alone set him conditions, read riot acts and declare tough love threatening to “pull the plug” if he did not oblige.

In short even though AEG behaved like masters towards Michael Jackson he was not in their employment. In contrast to that Conrad Murray was to report to AEG as he was to perform their services as “requested”, and they were to make sure he did nothing else but what was expected of him. However exactly this AEG failed to do. Instead they monitored Michael Jackson though in his case they had no right to.

In short both contracts were twisted and adjusted to their immediate needs.  Where they were obliged to interfere they did not, and where they had no right to interfere they did.

Michael’s word could be trusted because he himself was fully answering for the shows by all his assets. Yes, by ALL of them because if Michael did not repay the first $40 million back in case of a cancellation AEG was to sue him for loss of profit and 50 vacant dates. The latter sum would be some $100 million even by the lowest estimate on the basis of the average face value tickets of $80-$100 per seat in a 20,000 seat O2Arena and the number of shows being 50.

Michael’s own and his children’s well-being were the best guarantee that he would perform – so all talk by the media and AEG about the possibility of his “freaking out” was malicious speculation which actually betrayed their innermost hopes – they themselves were most interested in cancellations and hoped to implement this variant at the first opportunity that presented itself.

And while they were actually dragging their feet Michael was already rehearsing “his ass off” at home and in the studios without the crew yet joining him. Some sources say that he began training as early as March 2009. And if Michael preferred individual rehearsals to public ones I can perfectly understand him too – being a perfectionist and shy after 12 years of non-performing Michael wanted to show himself to the public at his best, when he was absolutely sure of his skills or felt well enough to perform.

The owner of CenterStaging in Burbank says Michael started working in March 2009 (while AEG as you remember hired Ortega and dancers only in May):

“He was trying, and succeeding, in structuring the biggest, most spectacular live production ever seen,” said Johnny Caswell, co-owner of CenterStaging in Burbank, California, where Jackson worked on the show from late March to early June before shifting rehearsals to larger venues, according to the paper. “By the time he left my facility, he had graduated through several studios and was on a soundstage taking up 10,000 square feet,” Caswell said. http://www.mtv.com/news/articles/1614882/michael-jacksons-last-tour-rehearsal-details-revealed.jhtml

Michael had to both build his stamina and spare his energy for the shows, and his individual plan of getting ready for them was not to be disputed. No one could know better than him when he was ready and no one should have imposed any conditions on him in this respect. His refreshed skills were demonstrated in their full brilliance at the last two rehearsals and even if Michael was ready to or wanted to perform full scale only on the days of his choice his desire should have been fully respected.

His schedule was his individual business which he alone was structuring for himself and absolutely no one was allowed to encroach on its secret formula. The most they could ask of him was attending the rehearsals for making decisions over some production issues as he was also a co-director of the show (yes, he was though you would have never guessed it by the way they treated him), but as to the dancing and singing he could have perfectly watched everything off stage. Twisting Michael’s arms and setting him conditions wasn’t “business” – it was encroaching on his most fundamental rights.

I repeat – under their own contract Michael’s sole obligation was to do a first class show and not a rehearsal, and all claims to Michael could have been made only after the first show. AEG would not have lost anything this way as the ultimate responsibility for the shows was still lying on Michael’s shoulders.

However simple explanations like the above are for some reason regarded by the Senior Staff of the fan forum as unacceptable. You are either accused of hypocrisy (for criticizing others for criticizing Katherine but allowing oneself to criticize AEG) or will be instructed not to digress and keep to the lawsuit on Murray and AEG which is the current topic.

However when you did speak on the current topic and mentioned that Murray spent half the night exchanging emails with insurers and this was done following AEG’s requests, this was not approved either. You can never please the Senior Staff of the forum as absolutely nothing of what you say is suiting these people.

TWO INSURANCES, TWO DOCUMENTS

Under his contract with AEG Murray was supposed to perform only the services requested by the Producer. This explained in whose employment Murray was and whose instructions he was really following. Kathy Jorrie mentioned at Murray’s trial that Murray wanted to perform services for Michael Jackson, but the final contract still stuck to the Producer variant preferred by AEG.

So when at the end of June Kathy Jorrie, AEG’s lawyer asked Murray to take care of Michael’s medical records, Murray obliged and took care of it not paying attention to his patient. This absolutely does NOT absolve him of his guilt as under NO circumstances he was to leave his patient, but the fact still remains that Murray did spend half the night when Michael Jackson died running on errands from AEG.

The discussion over the reasons why AEG needed a second medical examination was the most heated discussion I had with the Senior Staff which made me wonder why my views over this issue were so vehemently opposed.

The Senior Staff explained that this was Lloyds’s condition from the very beginning of the deal, and I said that it was not. We were talking about two different documents – the first insurance had been ready by the London news-conference in March already. It covered the first 10 shows and according to Randy Phillips himself was firmly in their pocket (which means that no addition physical examination was required).

And the second insurance policy replacing the first was made in April and had to be arranged due to AEG increasing the shows. The Insurance Journal explained that the policy was signed in April:

By Anthony McCartney | June 7, 2011

Underwriters at Lloyd’s of London sued AEG Live and Jackson’s company, claiming the concert promoter has failed to provide necessary medical information and details about the physician charged with the singer’s death.
The suit states Lloyd’s issued a non-appearance and concert cancellation policy in April 2009 — roughly two months before the pop superstar died.
http://www.insurancejournal.com/news…/07/201668.htm

The second insurance was half-obtained for 30 dates only and had several new conditions set by the insurers – like medical records, a new medical examination and doctors attending the rehearsals, and it was this new AEG’s policy which Murray was so unsuccessfully attending to in the night of Michael’s death.

The Senior Staff sneered that I doubted the veracity of Lloyd’s documents, and I said that I didn’t – they simply presented the final variant of the insurance policy as there was no need to present the first, however only two consecutive insurance polices can explain why already in March Randy Phillips was talking of the insurance as a fully decided matter and later one some half-finished document suddenly appeared.

If 10 dates were later corrected and turned into 30 where can I see the corrections please in the final document presented by Lloyd’s?  And since there are none, it is clear that the final policy is a separate document. The first one was probably cancelled as too many terms had to be changed, and this first insurance policy we have never seen.

If they had not increased the shows there would have been no need of the new insurance, and Murray would not have been running with the papers on the night Michael died.

In addition to the above the first insurance policy also proves that Michael agreed only to 10 shows, however at this stage the Senior Staff was already warning me that I do not listen to what I am being told and it was evidently then that my future on their fan forum was already decided.

The Senior Staff told me that increase or no increase it was not unimportant anyway. I disagreed. The number is extremely important as firstly, 50 shows were decided without Michael knowledge and this testifies to how neglectful of Michael’s opinion AEG was, and secondly, it sent Michael into a tremendous stress immediately after that London press conference as a result of which he lost all sleep.

It was due to this terrible stress-factor that he could no longer sleep naturally and badly required Propofol. If there had been no increase and no stress there was a chance that Michael would have gone without it at all.

This was met with a point blank question from Senior Staff how I can explain that Michael always used Propofol (why are they so sure of it I wonder?) and why Michael took drugs before the show described by Cascio.

By then it looked like a full-time interrogation either on a Topix forum or in the courtroom presided by the Senior AEG Staff,  but I nevertheless answered – if Michael went for a rehab in 1993 for Demerol it does not necessarily mean that he used it in 2009 (no traces of it were found in his body), and the situation with Propofol is the same.

If Michael did use Propofol some time before it does not mean that in this particular case he would have done it too. When in Ireland he did not use it, when in Las Vegas he did not use it, and if he had had a comfortable schedule of 2 shows a week at the most there was a chance that he woud not have used it now either (or at least in case of emergency only).

ALL THEY HAD TO DO WAS DO AS HE REQUESTED

In fact this is the essence of my main claim to AEG. All they had to do was listen to Michael and do as he requested. Tohme and Gongaware knew of Michael’s insomnia full well (who didn’t?) however they intentionally ignored his wishes and set the impossible regimen of the shows for every other day.

The regimen sent Michael into a shock and it was then that his huge stress started. It lasted for full four months until his dying day. Witnesses say that after realizing how grueling the schedule was Michael fell into a panic and it was this pressure that killed him:

Pressure of 50-concerts killed Michael Jackson, says his old pal

“He thought there were going to be ten dates as announced. But then all of a sudden Tohme, along with Randy Phillips, president of organisers AEG, had arranged 20, 30 then 50 dates. But when Michael realised his schedule, he began to panic. It was one show after another, with hardly any days off.  He should never have been tied to so many, especially a guy who dances through more than half of his set,” he added. (ANI)  http://entertainment.gaeatimes.com/2…old-pal-12427/

You won’t believe it but the way AEG fully ignored Michael’s wishes did not produce any impression on any of the people in this fan forum courtroom.  Some said  “nevermind” to the number and regimen of the shows,  some said that the claims of the show/day-off pattern were false but they did not care anyway, and some said that 50 shows were for 9 months, evidently implying that the average number was 5-6 dates per month.

This reminded me of Randy Phillips’ formula that “on the average” it was a very comfortable schedule which was probably the way it was presented to Michael Jackson too, only the “average” numbers do not mean anything and are terribly misleading – the number of shows the fifty-year old Jackson was to perform following a show/day-off/show/day-off regimen was actually 38 as this schedule shows:

First they set 10 dates, then added 16 more. All show/day-off dates are in bold type except those which come after a period longer than 1 day. If you add them up you will have 38 shows following the show/day-off schedule:

July 8, 10, 12, 14, 16, 18, 22, 24, 26, 28, 30
August 1, 3, 10, 12, 17, 19, 24, 26, 28, 30
September 1, 3, 6, 8, 10.

A few days later 24 more were added:

September – 21, 23, 27, 29
January 7, 9, 12, 14, 16, 18, 23, 25, 27, 29
February 1, 3, 8, 10, 12, 16, 18, 20, 22, 24

At this point the Senior Staff was already seriously annoyed by me and said it was time to return to the main topic. I said I thought it was exactly the main topic.

AEG ignored Michael’s most fundamental request – he just wanted enough time for sleep between the shows, however they created a schedule which for Michael with his insomnia was impossible to implement.

In short if there had been no stress about the future he would have not asked for Propofol already then, at the stage of rehearsals, and nothing would have happened on June 25.

Michael’s death was predetermined at the time when AEG and Tohme were ruthlessly setting the schedule the way they liked best, totally disregarding Michael’s insomnia problems. And what is especially abhorrent is that they did it intentionally as both knew of Michael’s troubles, worries and requests.

And if the Senior Staff of the fan forum does not care about it, it does not mean that Michael’s mother does not – she does care and very much so. Since AEG Live drove Michael Jackson into that stress INTENTIONALLY she wants them to answer for it – in this or that way, even if it is only money which is at stake (which is probably the only language AEG Live is able to understand).

If these “fans” were bothered about the way AEG treated Michael Jackson they would also care about those dates, however they are evidently paying lip service to him only and all their worries about Michael’s tarnished image are mere pretence on their part. I expressed this idea to the Senior Staff but by then yours truly was already blocked.

What they are doing there now I don’t know – most probably they go on trashing Katherine for her audacity to sue AEG. They are surely standing on the guard of AEG’s innocence and are evidently still of the opinion that Michael’s mother is the only person who ever sued.

The Senior Staff does not approve of suing in general and to tell you the truth I don’t either. However in the absence of a possibility to put AEG behind the bars the civil suit is okay too.

THE FUTURE

The jury are also human beings. The more AEG propaganda they hear the more of it they will absorb. And tomorrow this propaganda will be blasting from every cannon possible – from the press, TV and commentators like Diane Dimond. This cannonade will unfortunately not bypass the jurors. In the courtroom they will also be subjected to a barrage of tabloid horror stories told to them by AEG thus turning the trial into a freakish show.

Will it be Katherine’s guilt? Absolutely not. The media reaction is nothing of Katherine’s doing and is solely done by those who harassed her son for many years and the powerful corporation which contributed to Michael’s death and used him for their own greedy ends.

Do fans have the right to drag Michael’s through the mud and tell her to shut up? And can you tell a parent of an assassinated child to keep quiet and don’t bother the assassins for fear that “it will be worse”? WHAT can be worse for a mother than losing her son?

Michael’s fans can be the only counter balance to the huge propaganda machine which is currently working against Michael’s mother, family and children.  What will the jury think if they come to forums where Michael’s own fans are trashing the family and side with AEG? Could the poison spread there by Michael’s “fans” turn into that last touch necessary for the juror to take a decision that the case is bogus and AEG is not to blame? This outcome is very much possible and those who guide the fans in their choices are evidently relying on it very much indeed despite the neutrality they officially profess.

I am not asking the fans to support Katherine if they are still in doubt. All I am speaking of is being at least neutral, refraining from working for the big anti-Jackson propaganda machine, giving Katherine an equal chance and letting the jurors decide on their own.

If Katherine Jackson loses Michael Jackson’s image will be tarnished and AEG will happily resume their usual practices with a double force. Now they will know that if they could do it to Michael Jackson they will be able to do it to everyone else.

If Katherine Jackson wins Michael’s image may be tarnished but the offenders who turned the last four months of his life into sheer misery will have to pay. They will be taught a lesson and will now think twice before making profits on other people’s tears, misery and humiliation. Winning from AEG will probably restrain even some tabloids which will be reluctant now to undergo the same procedure as AEG.

The outcome of this case depends on Michael’s fans too. Their influence on public opinion now has become so big that it is impossible not to notice it or disregard. And jurors are the same people like us who are also affected by public opinion whether they notice it or not.

Fans should decide for themselves whether corporations like AEG Live will go on with their inhuman policies towards artists and take advantage of people’s vulnerability like they did it with Jackson. Or whether the corporations should give up their bullying ways and develop an ethical approach to people Michael represented and whose future saddened him very much, when he was reflecting on the fate of other artists.

Michael said he did not want to end up like James Brown or Jackie Wilson:

“Not the way James Brown or Jackie Wilson did, where they just killed themselves. I wish James Brown could have slowed down and been more relaxed and enjoyed his hard work.”

Whether Michael Jackson will really become one of these people or will win over the corporation even in his death  may depend on the choice the fans make. And this is why Michael’s fans are so closely monitored, guided and kept an eye on – it is their choice now which may determine the future.

It is you who decide.


Filed under: AEG THE HORRIBLE, The SOCIETY Tagged: AEG, Death of Michael Jackson, Katherine Jackson, Michael Jackson, mjj community forum, Murray

AEG-MICHAEL JACKSON trial, DAY 1 and the FIRST IMPRESSIONS

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Let me provide you with information about the first day of the trial and make some spontaneous notes on the way.

My previous opinion of AEG has now been only enforced – this bulldozer rolls over people’s bodies and then hides all the traces by littering the place with blatant lies. Some of their lies are noticeable even in their attorney’s opening statement.

The Jacksons' attorney Brian Panish

The Jacksons’ attorney Brian Panish

However my resentment with AEG does not mean that I do not have reservations about the Plaintiff’s manner of presenting their case either.

If we assume that the information is adequately reported by the ARC7 Court News people who tweet it from the court premises, the first impression you get is that the Jacksons’ lawyers spring from their own judgment of Michael which may be not often correct. This most probably reflects the preconceived notions of the family too whose worries about Michael always seemed to me over-exaggerated and often misplaced.

Over here I am not surprised as parents often tend to think that their children misbehave when they are not looking, and by assuming the worst alienate their children from themselves, and this is why the fact that Brian Panish is basing his strategy on some of these assumptions does not seem to the best way to handle the case.

A much better one would be to show AEG’s fraudulent manipulations with the contract and their deceit of Michael about the dates, their sabotage of Michael’s decisions and their own slowness in the production process and all the rest of it which turned Michael’s happy anticipation of the concerts into a deep anxiety which lasted for months.

However I also understand that since the matter was reduced by the judge to medical issues only, Brian Panish’s strategy can now be a forced decision, the only one left to him for lack of other possibilities, which makes me suspect that the powers opposing Jacksons counted exactly on this scenario. What they are doing now looks like a ridicule of Katherine: “So you wanted justice? Then we’ll make you feel sorry that you did. The territory chosen for the battle is all ours, so see what we will do…”.

Evil and malice always act that way – they know your vulnerabilities and force you into silence by threatening to hit where it hurts most. This is why many prefer to stay away from the fight even if they crushed your bones and made a feast on your remains. But if you keep silent then it will mean that they will always have their way.

So accepting the “bad points”  from the start of it, with making no bones about it, may not be that bad a strategy after all. It deprives the other side of the pleasure of declaring it first.

The other conclusion I make from the first day is that Brian Panish’s concept of AEG’s intentions and goals is different from my own assessment of it, however I do not object – Jacksons’ attorneys have access to much more information and may know better, and over here I am willing to listen and do not aspire to knowing the whole truth.

AEG's attorney Marvin Putnam: "We're talking about Michael Jackson," Putnam said. "This is a man who would show up in pajamas. This is a man who would stop traffic and get out and dance on top of his car. This is a man who would go to public events with a monkey named Bubbles. This is a man who said he slept in an oxygen chamber." "I don't know how you can't look to Mr. Jackson's responsibility there,"

AEG’s attorney Marvin Putnam: “We’re talking about Michael Jackson,” Putnam said. “This is a man who would show up in pajamas. This is a man who would stop traffic and get out and dance on top of his car. This is a man who would go to public events with a monkey named Bubbles. This is a man who said he slept in an oxygen chamber.”

The first day also made it clear that AEG has given up all pretence now and is showing to the world its true face. Now it is not stopping at nothing in order to drown in the mud the genius whom they previously sang the praises of.

Their expressions like “he had a deepest dark secret no one knew of” immediately paint the picture of some catacombs where the villain must have been burying people alive, while in reality Michael Jackson’s problem was just a total inability to sleep,  sometimes for several days running and this necessitated some medicine in order just to survive. Normal people will look at this problem with sympathy and it is only AEG and people like them who will feign horror at a mere mentioning of it.

Why don’t all these people discuss Liz Taylor or Mick Jagger in the same manner though both of them admitted drug escapades? Probably because they were awarded knighthood, praised for their excellence and are looked upon by the public as awesome stars, idols and even legends? And all this while Michael Jackson the insomniac should be called the most despicable names?

In short all of it is about hypocrisy again.

When they try to trap you into their hypocrisy nets don’t hesitate to pull it away and snatch its ugly mask off the faces of these fake moralizers.  They’d better looked at themselves and revised their whole system of values before throwing mud at Michael Jackson. He was the biggest victim of their hypocrisy and now needs a break.

As to the Jacksons’ lawyers I wish they had a chance to take a different line of resistance. However even if they can’t, I am praying that the winner in the case will still be the truth. And the truth may well turn out to be different from anything both parties are discussing here.

Despite all the mess of it by God’s will the truth may reveal the sparkling beauty of Michael Jackson’s nature, his honorable character, his pure intentions akin to a child and the enormous love he had for people despite the extreme hardship and pain inflicted to him by other humans since the first years of his life to his dying day.

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At the moment the reports of my favorite LA Times are rather decent and well-balanced. The only inaccuracy I noticed in their latest article is that Michael allegedly agreed to 50 shows (he didn’t).

The headline explains the reason why Michael used Demerol at all, and this information should be known to the general public so that they don’t make the mistake of thinking that it was for recreation purposes. In fact it was the excruciating pain of the burn and the scalp surgery that followed it which introduced Demerol into Michael’s life. For those who don’t yet know it let me say that the plastic surgeon was stretching Michael’s scalp and the pain of it had to be dulled by Demerol as the process of it was taking months. This is how it started:

AEG trial- Katherine JacksonJackson‘s drug use started after Pepsi commercial, attorney says

By Corina Knoll and Jeff Gottlieb

April 29, 2013, 11:36 a.m.
With fortunes and reputations at stake, attorneys began opening statements Monday in a downtown Los Angeles courtroom where a powerful entertainment giant stands accused of playing a critical role in the death of entertainer Michael Jackson.

The wrongful-death suit filed by Katherine Jackson and her grandchildren — Prince, Paris and Blanket — accuses AEG of negligently hiring and controlling Dr. Conrad Murray, who administered a fatal dose of the anesthetic propofol to Jackson shortly before he was to begin his “This Is It” comeback concerts in London.

Brian Panish, the attorney representing the pop singer’s mother and children, told jurors in opening statements Monday that Jackson had developed a problem with prescription medication and at times became “dependent” on the drugs.

Jackson, the attorney said, also suffered from anxiety that “became more prevalent when he was going through a rigorous schedule.”

The entertainer’s drug problem, Panish said, took off in 1984 when he suffered second and third-degree burns while filming a Pepsi commercial.

The wrongful-death suit contends the entertainment firm threatened to end Jackson’s career if he failed to come through with the concerts and ordered Murray to keep the performer on track.

Philip Anschutz, owner of AEG

Philip Anschutz, owner of AEG

AEG, which owns Staples Center in addition to other arenas and sports venues, maintains it was Jackson who insisted that Murray come on board as his doctor.

The trial begins after three weeks of jury selection in which potential jurors were vetted to determine whether they were even able to sit on a case that could last up to four months. Six men and six women were impaneled last week, and six alternates were also named.

As in life, Jackson’s eccentric lifestyle is expected to take center stage as attorneys poke though the entertainer’s once-massive fortune, his voluminous medical history and the final days when he was attempting to pull off what was being sold as a series of stunning comeback concerts in London.

While Jackson had only agreed to 50 dates in London, AEG proposed a three-year worldwide tour in which one executive estimated ticket sales could exceed $450 million. Billboard magazine estimated AEG’s profits would hit $115 million for the London shows, with Jackson earning $1 million a night.

According to the contract between them, AEG advanced Jackson close to $30 million, which included a $15-million line of credit, a $5-million advance, $7.5 million to cover production costs to mount the shows and rent for a $100,000-a- month Holmby Hills mansion.

According to the lawsuit, if the singer failed to generate enough money to pay back the loans, AEG could seize his assets, among them a valuable song catalogue that includes songs by the Beatles, Aretha Franklin and the Jackson family.

The lawsuit contends that AEG knew of Jackson’s fragile health but put “its desire for massive profits from the tour over the health and safety of Michael Jackson.”

“Three loving children lost their father, a loving mother and father lost their son, the Jackson siblings lost their brother and the world lost its most celebrated entertainer,” the complaint said.

A central question will be who actually employed Murray: Jackson or AEG?

The Las Vegas doctor, deep in debt himself, was supposed to be paid $150,000 a month. Murray, who worked with Jackson for two months to prepare him for the concerts, signed a contract the night before Jackson’s death but it was never signed by AEG executives nor the singer.

The entertainment firm, along with company executives, argues that it was Jackson who hired Murray and insisted on keeping him as his doctor.

Tim Leiweke, AEG's CEO (now dismissed)

Tim Leiweke, AEG’s CEO (now dismissed)

AEG is an influential political player in Los Angeles, stamping its reputation by building L.A. Live and Staples Center and now working with the city to construct a downtown NFL stadium to help attract a pro football team. But the company has been in upheaval for months, with owner Philip Anschutz putting it on the market and then just as suddenly pulling it off.

The list of potential witnesses in the wrongful-death case is guaranteed to bring out the paparazzi and gossip traffickers. Jackson’s mother and father, sibilings and other relatives — close to 20 Jacksons in all — are expected to testify. So are Michael Jackson’s children.

Also on the witness lists are performers Diana Ross and Prince; Quincy Jones, who produced Michael Jackson’s “Thriller” album; filmmaker Spike Lee; Jackson’s former wives, Debbie Rowe and Lisa Marie Presley; AEG owner Anschutz; and one-time Hulk Lou Ferrigno, who was Jackson’s trainer.

http://www.latimes.com/local/lanow/la-me-ln-michael-jackson-aeg-20130426,0,4057600,full.story

While Michael Jackson was having his problems AEG was having his own.  Brian Panish, the Jacksons’ lawyer says that AEG’s problem was that they weren’t not No.1  in the concert business and evidently could not live a happy life until they took the upper hand over their competitor Live Nation.

Peter Lopez, Michael Jackson's attorney. Committed suicide in April 2010

Peter Lopez, Michael Jackson’s attorney. Committed suicide in April 2010. No weapon was found beside his body

Let me note in this connection that Live Nation was also brought to Michael Jackson. The person who introduced them to each other was Michael’s lawyer Peter Lopez, however Tohme who was managing Michael’s affairs at the time drove the company away as he was “unimpressed”.

Tohme Tohme was Michael Jackson's manager in 2008-2009

Tohme Tohme was Michael Jackson’s manager in 2008-2009

Tohme spoke about it to Randall Sullivan whose book is now quoting Tohme on half of its pages. See how Tohme pretends that it was Lopez who suggested AEG (while in reality AEG was imposed on Michael by Tohme’s friend Tom Barrack who set it as a condition for the Neverland deal) and how Tohme “was unaware” of Randy Phillips courting Michael for almost two years by the time Tohme entered Michael’s life.

Here is an excerpt from Randall Sullivan’s book:

“Lopez first set up a meeting with Live Nation that left Tohme unimpressed. “ I don’t like those guys,” he recalled telling Lopez, who then suggested AEG. Tohme claimed to be unaware of Michael’s previous meeting with Randy Phillips, who had never entirely given up on signing Michael to an AEG Live contract. What really moved things along was a phone conversation between a pair of billionaires, Barrack and Anschutz.”

Immediately after Anschutz got off the phone with Barrack, he called Randy Phillips and asked him to meet with the Colony Capital CEO to talk about what it would take to secure a commitment from Michael Jackson to perform a series of concerts at the O2 in London. Barrack passed Phillips on to Tohme, who suggested that the AEG Live chief meet him for a drink at the Hotel Bel-Air.

AEG's CEO Randy Phillips

AEG’s CEO Randy Phillips

“ So we sat, we talked, I liked him,” Tohme recalled. “ He will do anything to have Michael Jackson. He said that. I said, ‘We need advances, we need this, we need that. Let me think about it and talk to Michael.” Phillips’s stock got a boost when Dennis Hawk, the attorney who had been brought in to assist Tohme in managing Michael’s affairs, told Jackson and Tohme that Phillips was “a classy guy” who could be trusted to help put on a show that would be everything they hoped for.”

It is especially after reading about Randy Phillips being “a classy guy” that the article below looks like a refreshing breeze:

Jackson lawyers paint AEG as ruthless, greedy

By Corina Knoll and Jeff Gottlieb

April 29, 2013, 1:29 p.m.

The attorney for Michael Jackson’s family painted entertainment powerhouse Anschutz Entertainment Group as a gang of ruthless executives concerned only with becoming No. 1 in the concert business and caring nothing about the singer’s well-being.

Attorney Brian Panish began his opening statement Monday in the Jackson-AEG suit by talking about Jackson’s addiction to prescription drugs.

He also mentioned Dr. Conrad Murray, the debt-ridden doctor who administered the fatal dose of propofol to Jackson and was later convicted of involuntary manslaughter.

But it was AEG, Panish said, that completed the puzzle in Jackson’s 2009 death.

“Michael had a problem, Dr. Murray had a problem and AEG had a problem,” Panish told the jury of six men and six women in a downtown Los Angeles courtroom Monday.

AEG's CEO Paul Gongaware

AEG’s CEO Paul Gongaware

“You know what AEG’s problem was? They were not No. 1 in the concert business but they wanted to be.”

The attorney said the company wanted to exploit Jackson to catch up to their competitor in the concert business, Live Nation, at all costs.

“You don’t do that with white gloves,” Panish said. “You do what you gotta do if you want to be No. 1 in this rough business of concert promotions.”

The wrongful-death suit against AEG was filed by the singer’s mother, Katherine — who was in the courtroom Monday along with Michael Jackson’s siblings Rebbie and Randy — and his three children. Jackson died on the eve of what was to be a comeback series of concerts in 2009.

The suit accuses AEG of pushing Jackson beyond his limits and being responsible for hiring and controlling Murray.

“There were no rules,” Panish told the jury, when it came to furthering AEG’s success. “It didn’t matter what it took. … AEG had a problem and they wanted to fix it and they didn’t care who got lost in the wash.”

Using slides and photos, Panish quoted from emails among AEG executives that surfaced last year as evidence of the attitude. In one, AEG Live President and CEO Randy Phillips described screaming at Jackson, whom he called an “emotionally paralyzed mess,” before a news conference.

“Forget about helping Mr. Jackson,” Panish said. “The show must go on.”

Murray’s involvement only created a downward spiral for Jackson because the doctor’s “financial condition made him susceptible to pressure and created a conflict between his patient’ needs and AEG’s needs,” Panish said.

http://www.latimes.com/local/lanow/la-me-ln-jackson-aeg-20130429,0,3881562.story

Here is a link to the page containing all LA Times articles on the trial:

http://www.latimes.com/news/local/lanow/la-me-ln-aeg-jackson-wrongful-death-trial-20130422,0,2325741.storygallery

And here is a link to the tweets sent by the staff of AVC7 Court News during every trial session: https://twitter.com/ABC7Courts

I’ve brought together all the tweets for the first day of the trial and to make them more readable rearranged them in a chronological order. The points that looked most important to me were marked in bold type and some seemed so important that were marked red:

ABC7 Court News ‏@ABC7Courts 

1

Judge Yvette Palazuelos is not allowing live tweets from the courtroom. We’ll bring you all the details of the trial as soon as we can

2

This is a wrongful death lawsuit brought by Katherine Jackson, Prince, Paris and Blanket accusing AEG of negligent hiring of Dr. Murray

3

AEG denies any wrongdoing, saying they haven’t even hired Dr. Conrad Murray. They claim Michael Jackson was the one who hired the doctor

4

Jacksons attorney, Brian Panish and his team, is already in the courtroom. AEG’s attorney Marvin Putnam and his team just entered the room

5

AEG Live CEO, Shawn Trell, is present too. No members of the Jackson family arrived yet.

6

Reporters are lined up outside the courtroom ready to go in. Can’t take pictures inside the courthouse, fyi.

7

Katherine Jackson, Randy and Rebbie just entered the courtroom. Several lawyers, bodyguards and sheriffs escorted the family.

8

When Katherine Jackson walked the hallway, some MJ fans told her: “We love you, Mrs. Jackson” and she replied “We love you more!”

9

Some Michael Jackson fans had tears in their eyes.

10

Courtroom is filled to capacity. Dr. Conrad Murray’s appellate lawyer, Valerie Wass, is also present. She says her client is innocent!

11

Randy and Rebbie walked the front door of the courthouse. You can watch all the coverage on @ABC7 Eyewitness News at 11am, 4, 5, 6, 11pm PT

12

Judge Yvette Palazuelos is on the bench right now. However, I see the jurors in this case are hanging down the hall.

13

Several Michael Jackson’s fans hanging out in the hallway outside the courtroom. One man has a MJ Immortal t-shirt.

14

Brian Panish just exited the courtroom, along with Randy. Bathroom break. Judge is hearing motions still. Opening to begin shortly.

15

Jury walking into the courtroom now. Opening statements to begin shortly.

16

They were escorted by the courtroom assistant. Opening has begun.

17

@TRUTH_ETERNITY We cannot take pictures inside the courthouse and in the hallways. No cameras allowed in the courtroom.

18

Watch @ABC7 Eyewitness News at 11am, 4, 5, 6, 11pm for the latest updates, video of arrivals, news conferences. We’ll post stories online 2

19

We’ll tweet pictures of the outside of the courthouse during lunch break, in about an hour or so.

20

From outside the hallway through a little windows on the courtroom’s door I see presentation of MJ’s video; mention of Pepsi commercial

21

Brian Panish, attorney for the Jacksons, is showing a video presentation to the jury. There was a slide showing drug Demerol.

22

@TrueNewsZone Live tweeting from inside the courtroom is prohibited. We’re tweeting from the hallway. ;)

23

@Lady_Rebel_ No, only Randy and Rebbie are present with mother Katherine Jackson.

24

There’s a slide up now showing the relationship between Michael Jackson & Dr. Conrad Murray. Jury to decide who hired Dr. Murray: AEG or MJ?

25

Panish showing slide of drug Propofol. It says MJ was given the powerful anesthetic almost daily for six months [weeks]

26

Panish showed jurors slide of the agreement between MJ and AEG, that AEG was to provide “producers” for the tour.

27

Morning session over. Plaintiffs halfway through their opening statements. Katherine, Randy and Rebbie out of the courtroom. Jurors out too

28

Dr. Conrad Murray’ appellate attorney, Valerie Wass, tells @abc7 if doc will testify. Watch her on Eyewitness News pic.twitter.com/YD6ySkvJOD

29

Media outside the courthouse in downtown Los Angeles. pic.twitter.com/4U41yln1Ij

30

Another angle pic.twitter.com/nPe14gA8CX

31

Yet another angle outside courthouse. pic.twitter.com/bD0HKnwvbC

32

Here’s what happened in court this morning: prior to the jurors coming in, the parties had housekeeping matters to discuss.

33

AEG’s attorney said Jacksons attorneys handed them 200 slides improperly labeled. It was slides the plaintiffs wanted to use during opening

34

Defense objected to a form of independent contractor that they say was not generated by AEG.

35

Defense challenged plaintiffs slide that’s says “It’s undisputed that Michael Jackson loved his kids.”

36

Defense says it is disputed whether there was a meeting of the minds about a supposed contract with Dr. Murray.

37

Judge said she wants to find out if Dr. Conrad Murray will testify. He’s on both of witnesses list. Defense said they intent to call him

38

Plaintiffs say the claimed Jacksons’ statements of damages, $40 billion, is attorneys calculation, not the assertion by Jackson family

39

Plaintiffs say the amount of $40 billion is only a notification to defendants as to their amount of exposure.

40

The courtroom was sooooo jam packed, it felt like a sardine can! Attorneys had to climb out of their seats to approach the judge!

41

Katherine, Randy and Rebbie sat in the first row. Panish said MJ was an athlete and a dancer and over time there was wear and tear

42

Panish: there’s no dispute MJ went to various doctors for Demerol. He also had problems with sleep and sought Propofol.

43

Panish: Propofol doesn’t provide restful sleep. Many doctors would not give him Propofol at home, since it needed equipment, crash cart

44

Panish: his family believes he had problems w/ prescription meds. The only ones who will say they never heard anything about it is AEG

45

Panish: the evidence will show in April Dr. Murray stockpiled Propofol in anticipation of treating Michael for the tour.

46

Panish: the evidence will show that Conrad Murray had an oral contract with AEG.

47

Panish: MJ would get daily doses of Propofol for six weeks in May and June, leading up to his death

48

Panish: LAPD searched Dr. Murray’s car and found a business card, an envelope and a contract between AEG and Dr. Murray

49

The business card was of Brandon Phillips, the CEO for AEG.

50

We’re on a 15 minute break. Plaintiff finished their opening statements about half an hour ago. Defense has began their presentation

51

It is a short break, so I’ll tweet as much as I can. All the details at the end of the day for sure.

52

Katherine Jackson took a bathroom break. On her way back into the courtroom she interacted with the fans in the hallway again.

53

Panish in his opening: AEG had a problem. They were not number 1 in the concert business. Live Nation was. They wanted to catch up

54

Back in the courtroom. More updates soon and on @ABC7 Eyewitness News at 4, 5 and 6pm, PT.

55

Panish: there was no risk to AEG, since the production (of the tour) would be secured by MJ’s assets, which included the Sony catalog

56

Panish: “he is 50 but he’s going to dance his ass off.”

57

Panish: the mindset of AEG was that the show must go on. He said jury will have to decide on who to believe.

58

Panish described to the jury a series of emails where AEG executives talk about backing off the show would be a disaster.

59

Panish said they wrote to each other that MJ made to the This is It press conference but was locked in his room

60

Panish continues saying the execs wrote that MJ was emotionally paralyzed, mess riddled with self loathing and doubt. He is scared to death

61

Panish: evidence will show MJ requested a doctor… plus opiates. Paul Gongaware talked to Dr. Murray and closes the deal.

62

Panish showed a clip of Gongaware saying they didn’t investigate Dr. Murray and he had no supervision.

63

Panish showed the jury an email from Gongaware: “We want to remind him (Dr. Murray) that AEG, not MJ, who is paying his salary”.

64

Email continues: “We want him (Dr. Murray) to understand what it’s expected of him.”

65

Panish showed email from Kenny Ortega: “MJ didn’t have a good Friday, he’s not in great physical shape, I believe he’s hurting.”

66

Kenny email: “my concern now is that we brought the doctor in the fold and have played tough love… He appeared quite weak and fatigued”

67

Ortega to Phillips: there are strong signs of panic, anxiety and obsessive-like behavior. I think the very best is to hire a psychiatrist

68

Phillips to Ortega: his (MJ) doctor is extremely successful (we checked everyone out) and does not need this gig, he’s unbiased & ethical

69

Phillips to Ortega: you cannot imagine the harm and ramifications of stopping the show now.

70

Panish said AEG executives lied, since they didn’t check Dr. Murray, who was in financial distress. But AEG wanted the show to go on.

71

Phillips email after meeting at MJ’s house: doctor was fantastic and I think Kenny’s hysteria will be in check once MJ was alert/attentive

72

Panish said AEG had $17.5 million in insurance and before MJ does they were trying to secure more insurance.

73

Email when AEG was putting together This is it movie: make sure we take out shots of MJ in red jacket… He looks too thin, skeletal

74

Panish then showed a handwritten letter MJ wrote for Katherine Jackson. It’s called “Mother, My Guardian Angel.”

75

Panish told jurors they are not looking for sympathy, they were looking for the truth and justice.

76

Panish: no 1 will come here and say MJ wasn’t a great father. Atty played a song Michael wrote 2 his kids called “A beautiful thing to see”

77

Panish said MJ made his kids wear masks because he didn’t want his children to be recognized.

78

Panish said defendants made up that the family was trying to recover $40 billion in special damages. He says it’s $1.5 billion economic loss

79

Panish: AEG hired him (Dr. Murray), AEG was going to pay Murray. They didn’t pay him because they stiffed him.

80

Panish said Dr. Murray signed the contract the day before MJ died. AEG had not signed it yet, but said it was not unusual to work without 1

81

Panish: they took advantage of a sick man. No doctor ever gave MJ Propofol at home until Dr. Murray. AEG needs to pay the price.

82

Marvin Putnam, attorney for AEG, did the opening statements for the defendants. He began introducing his team and AEG executives.

83

Putnam told the jury to look at the evidence, what it actually says. “This case is about the choices we make; and the responsibilities”

84

Putnam: evidence is going to show public MJ was very different from private MJ. MJ erected a wall between him and his family, staff

85

Putnam said MJ kept his public and private life separated. He had 40 years to perfect that; he learned very well the cost of being exposed

86

Putnam: we’re going to show you some ugly stuff. Why? AEG Live, Paul Gongaware, Randy Phillips were sued, it’s not going to be pretty

87

Putnam said MJ’s death was a big event, he was a public figure, talented, lived in front of us. It was tragic, he was loved all over

88

Putnam said it took 2 months to find out what caused MJ’s death. MJ had died of overdose of something called Propofol.

89

Putnam: as with MJ’s life, MJ’s death was anything but typical. Death was classified as homicide, Murray found guilty of manslaughter

90

While the world had not heard of Propofol, Putnam said, Mr. Jackson had. Evidence will show he had been using the drug for years.

91

Putnam said MJ had a decade-long Propofol use. AEG didn’t know about it, how could’ve they know? They didn’t make MJ’s medical decisions

92

Putnam said that everyone knew MJ abused painkillers, since Michael announced it in 1993, ended the tour and entered rehab.

93

Even his family wasn’t sure what was going on at time. They tried intervention and failed. Why? Because MJ was an addicted, said Putnam

94

Putnam: MJ fooled everybody. He made sure no one, nobody, knew his deepest dark secret.

95

Putnam showed a clip of This is It movie two days before MJ died. He argued MJ was amazing, attentive, great performance

96

Putnam takes the jury back to the 2000s, when MJ went through a hideous criminal trial accuses of child molestation. He was acquitted

97

In 2007, Putnam says MJ approached AEG with the idea for a come back. But he decided he wasn’t ready.

98

In 2008, MJ approached AEG again. He was now prepared to go forward, Putnam said, even though he hadn’t toured for about a decade.

99

Putnam described MJ’s lavish lifestyle and that he was spending more than he was making. By 2009 he was $400 million in debt

100

He had to bring in some money, Putnam said, so he had to go back Mas do what MJ does best: perform. There was no performer like MJ

101

Putnam described for the jury how a concert happens. The producers advance money so the artist can put the show on the road.

102

Once show is in full swing, the artist pays back the producers and they split the profits. MJ was to get 90% and AEG 10%, Putnam said

103

Putnam then talked about who is Randy Phillips and Paul Gongaware. Phillips deals with the artist, good schmoozer, Gongaware is the techie

104

Putnam said AEG decided 2 tour in London because they didn’t know what kind of response MJ was going to have and he had large fab base there

105

Production advances, to cover mutually-agreed production costs was $7.5 million, Putnam told the jurors, saying it was MJ who Jose the staff

106

In Feb 09, MJ was required to do a physical exam in order to get insurance. It’s called non-appearance insurance, Putnam said

107

MJ was seeing by a doctor chosen by the insurance company and he determined MJ was healthy, no sign if drug use, Putnam said.

108

Putnam says MJ told Gongaware he was going to bring his personal doctor to the tour with him. He was talking about Dr. Murray.

109

Putnam: MJ expected AEG to assume the payment for Dr. Murray just like he did with everyone else.

110

Putnam: it was not AEG’s choice who Mr. Jackson’s doctor is. It’s a personal choice by Mr. Jackson and he chose Dr. Murray

111

Putnam: AEG never paid Dr. Murray anything. They did budget it. He then played audio of Murray’a interview with LAPD, saying MJ hire him

112

In the interview with LAPD, Dr. Murray said he was an employee for Michael Jackson but paid through AEG.

113

Putnam went back to the addiction to painkillers issue again. He said MJ would get minor cosmetic or dental procedures and get the drugs

114

Putnam showed a slide called Doctor Shopping, where he identified 45 different doctors who treated MJ.

115

Putnam said MJ was very secretive even with his own doctors. He wouldn’t tell one doctor about what the other doctor was doing

116

Putnam said MJ resisted all attempts to get help. Family tried interventions, he turned down rehab and denied he had any addiction.

117

Putnam: Mr. Jackson got very good at hiding his addiction. He didn’t let anyone see it, not his staff, not his children. This was private MJ

118

Putnam: sometime in 1990s MJ began using Propofol. This was a big secret, so secret no one knew, not even his doctors.

119

Putnam said a nurse named Debbie Rowe knew about it; saw doctor give MJ Propofol on tour. She wanted to make sure she was there & MJ woke up

120

Putnam then showed the floor plan of MJ’s house. He said no one was allowed in MJ’s bedroom, not even the housekeepers. Only Dr. Murray

121

Putnam said that at night MJ would lock his bedroom’s door so no one had access to the room. He said it wasn’t for AEG to look into Murray

122

At the end, Putnam asked the jurors to wait until they hear all the evidence from both sides before making a judgement.

123

Putnam said he didn’t talk about their claim for money damages because he thinks there weren’t any.

124

Putnam: this case is about personal choices. There’s no question MJ’s death was horrible, but evidence will show you it was not AEG’s making

125

Session ended 40 minutes after the regular schedule. Jurors are ordered to return tomorrow at 10 am PT

126

Judge ordered attorneys to be there earlier to discuss two notes sent but jurors. Don’t know the content of them.

127

First plaintiffs witness is LAPD detective Orlando Martinez. He’s going to testify about his interview with Dr. Murray and who hired him

128

We’ll be in court again tomorrow and will tweet as soon as we can. Catch all the latest developments on @ABC7 Eyewitness News

129

Thank you!
https://twitter.com/ABC7Courts

Here are some short notes on the above:

25

Panish showing slide of drug Propofol. It says MJ was given the powerful anesthetic almost daily for six months [weeks]- – -

Just a typo

38

Plaintiffs say the claimed Jacksons’ statements of damages, $40 billion, is attorneys calculation, not the assertion by Jackson family.- – - 

So the sum is not what the Jacksons calculated. This lie was spread by ASG to portray Katherine as greedy. They say that this sum is only a “notification to defendants as to their amount of exposure.” Okay.

42

Panish: there’s no dispute MJ went to various doctors for Demerol. He also had problems with sleep and sought Propofol.- – -

And Arnold Klein said that Michael never asked for Demerol himself. NEVER. I hope he will tell them about it at the trial.

53

Panish in his opening: AEG had a problem. They were not number 1 in the concert business. Live Nation was. They wanted to catch up- – -

Randy Phillips explained the AEG difference from Live Nation to Forbes:

Randy Phillips: We are, at heart, a real estate company. StaplesCenter was a real estate play. We realized early on that we can’t have a third party like a Live Nation holding a gun to our head in terms of programming our buildings. That was the genesis of AEG Live, so that we could have control over the programming of our buildings.Forbes: Is that a driver for Live Nation going into the other areas, to build a future revenue stream?Randy Phillips: That’s what we use our festivals for in terms of promoting younger acts. This is a very hard industry to be a public company in. If you look at my margins with standalone programming, we’re a 6% to 8% business. If you combine it with real estate, it’s an 18% to 22% business.Forbes: At an investor conference in January, Live Nation announced that they lost about 4% on tickets, made about 15% of their revenues on ticket fees, about 40% on ancillaries, about 20% on sponsorships and about 20% on other areas. Does AEG Live have a similar revenue breakdown?

Randy Phillips: We don’t lose money on anything. We’re a business. We’re not a publicly traded company; we’re not about press releases or manipulating the stock price. We’re about making money.

http://www.forbes.com/2009/02/09/aeg-live-nation-ticketmaster-business-media-0209_aeg.htmlive

55

Panish: there was no risk to AEG, since the production (of the tour) would be secured by MJ’s assets, which included the Sony catalog - – - 

AT LAST we have the lawyers talking about it! So the lawyers also think that AEG could get the Sony catalog among Michael’s other assets!

61

Panish: evidence will show MJ requested a doctor… plus opiates. Paul Gongaware talked to Dr. Murray and closes the deal.- – -

What an incredible way to “defend” Michael.

62

Panish showed a clip of Gongaware saying they didn’t investigate Dr. Murray and he had no supervision.- – -

So they hired a doctor for Michael not giving a damn what kind of a quack he is. And Randy Phillips said that they checked him up. Phillips to Ortega: His (MJ) doctor is extremely successful (we checked everyone out) and does not need this gig, he’s unbiased & ethical”

63

Panish showed the jury an email from Gongaware: “We want to remind him (Dr. Murray) that AEG, not MJ, who is paying his salary”.- – -

Just a reminder about who the boss is.

64

Email continues: “We want him (Dr. Murray) to understand what it’s expected of him.”- – -

Another reminder to Murray that he should do as he is told.

94

Putnam: MJ fooled everybody. He made sure no one, nobody, knew his deepest dark secret.- – -

This contradicts the above. If Michael spoke about his addiction himself and everyone knew how could it be his “dark secret”?

97

In 2007, Putnam says MJ approached AEG with the idea for a come back. But he decided he wasn’t ready. - – -

What a blatant lie! Things were exactly the opposite:

“In late November [2008], Randy Phillips, President and CEO of AEG Live, said that the company — which books and runs the O2 — has been chasing Jackson for two years looking for a multi-night engagement. Though no deal was signed at the time, Phillips said AEG has had a “standing offer” to Jackson since 2006 to re-create his landmark Thriller album in its entirety at the O2 but had struggled to nail down a firm deal with the elusive singer” http://www.mtv.com/news/articles/1606272/michael-jackson-expected-announce-london-concerts.jhtml

98

In 2008, MJ approached AEG again. He was now prepared to go forward, Putnam said, even though he hadn’t toured for about a decade.- – -

I can’t believe it. They are saying that it was MJ who approached them again? Do they think that all of us suffer from amnesia?

99

Putnam described MJ’s lavish lifestyle and that he was spending more than he was making. By 2009 he was $400 million in debt- – -

The money mostly went into paying lawyers in more than 1000 suits made against Michael during his lifetime.

109

Putnam: MJ expected AEG to assume the payment for Dr. Murray just like he did with everyone else.- – -

Oh, so Michael wanted AEG to pay Murray! Just as we expected! This means that the point about Michael’s responsibility for paying to Murray in his contract could be added by AEG even after Michael’s death. Michael probably died never knowing that it was his responsibility to pay Murray.

113

Putnam went back to the addiction to painkillers issue again. He said MJ would get minor cosmetic or dental procedures and get the drugs- – -

Let me also go over it again. Arnold Klein said on several occasions that Michael never asked for Demerol. As to the procedures – yes, they were very painful:

Levin: … you prescribed Demerol numerous times…

Klein: I never prescribed Demerol.

Levin: You administered.

Klein: I administered Demerol because you have to understand that the procedures I do are painful injections and I would give him…I would say I would take an hour-and-a-half to inject him and I would do somewhere around… oh, well over a hundred facial injections on him and unless I sedated him… He was very, believe it or not, needle-phobic when you got to needles on his face  ..It’s really a painful procedure, so, I mean, you had to stop him from squirming.

Levin: Did he ever ask you for Demerol?

Klein: No.

(TMZ Live – November 5, 2009)

114

Putnam showed a slide called Doctor Shopping, where he identified 45 different doctors who treated MJ.- – -

So what. Michael had a broken nose, acne, vitiligo, lupus, a head burn, had the skin on this head stretched to cover the baldness, had problems with his back when the bridge under him fell, had a disjoined hip as Murray said, and had problems with his sleep, and was determined to fight his 1993 Demerol addiction, all of which required medical attention.

118

Putnam: sometime in 1990s MJ began using Propofol. This was a big secret, so secret no one knew, not even his doctors.- – -

Klein: I knew Michael had a problem with propofol. But let’s go way back, okay? He was under the hands of a plastic surgeon. Can we talk about which plastic surgeon? Will you say his name? (TMZ Live – November 5, 2009)

119

Putnam said a nurse named Debbie Rowe knew about it; saw doctor give MJ Propofol on tour. She wanted to make sure she was there & MJ woke up- – -

Klein: There was one time when he was on tour and getting propofol, that I went on tour specifically myself. I stood guard over his room with my nurse and with two of my assistants, two bodyguards I brought with me, to make sure the doctor who was giving him propofol on that point of the tour, wouldn’t give it to him. (TMZ Live – November 5, 2009)

121

Putnam said that at night MJ would lock his bedroom’s door so no one had access to the room. He said it wasn’t for AEG to look into Murray- – -

It was, if it were them who hired him and pay to him. Their own contract said that they would.

86

Putnam: we’re going to show you some ugly stuff. Why? AEG Live, Paul Gongaware, Randy Phillips were sued, it’s not going to be pretty- – -

Well, at least now we know their style and the way they talked to Michael while no one was looking. A gentleman is always a gentleman – if he is a gentleman.

Well guys, it is only starting and we need to steel ourselves for what comes next.

The benefit of it is that now we at least know how nasty they could be to Michael Jackson when in private, and what it must have been like when Randy Phillips had several “arguments” with Michael and “screamed at him so loud the walls were shaking”.

I hope that by the end of the trial everyone will know how they treated the best performer in the world.

* * *

April 30, 2013

ABC7 Court News April 30, 2013

1

Randy Jackson just arrived in the courthouse. He’s inside the courtroom with his mother.

2

Hallway is filled with reporters again. Everyone is lined up waiting to get in. Our reporter Miriam Hernandez is the number one in the list

3

Jurors are again at the end of the hallway. No one is allowed to interact with them. We can’t even say hello.

4

Katherine Jackson in hanging out in the cafeteria at the courthouse. She’s walking around the outside area with bodyguards and sheriff

5

No one seems to be bothering Katherine Jackson. Everyone giving her the space she needs.

6

There was last minute change in the order of the witnesses. First one was Richard Senneff, paramedic/firefighter who tried to resuscitate MJ

7

Senneff explained what a paramedic does and the different machines in a rescue ambulance which are related to trauma and cardiac arrest

8

Senneff detailed the coverage area of the LA city department, what areas they serve and difference between city and county of LA

9

Senneff: “You learn so much about the community” He said there are about 1100 paramedics in the city of LA, about 1050 are firefighters too

10

Katherine and Randy Jackson left the courtroom when Senneff began testifying. They didn’t want to hear/see what happened in the house

11

Senneff: I responded to a patient not breathing

12

Q: June 25, 2009, do you remember responding to a location with a potential fatality?

13

Senneff said he arrived at Jackson’s house at 12:25 pm PT and  got out of the ambulance with their equipment, EKG monitor, needles, meds

14

Senneff: I came in to that front door and saw what later I found out was Dr. Murray and a patient on the bed

15

Senneff: He was leaning over the patient, patient laying on the bed, dr Murray standing there and they were moving the patient to the floor

16

When I first walked in, I asked dr Murray is the patient had a DNR, Senneff recalled.. DNR= Don Not Ressuscitate

17

Senneff: I saw a patient wearing pajama pants and shirt, and some surgical cover over the head. He looked very pale, very weak.

18

Afternoon session about to start. More details soon.

19

Senneff: “To me he looked at the end stage”

20

Panish: How was the patient?

21

Senneff: “Patient looked underweight to me.” He also said he “appeared to be chronically ill.”

22

Senneff said he saw an IV pole and an IV bag on the pole, along with an oxygen tank. There were medicine bottles on the nightstand.

23

Panish showed pic with IV pole, IV bag and oxygen tank. Another picture showed bedside table with pill bottles, water bottle, juice bottle

24

Senneff said initially he was not able to identify the patient, but as it progressed someone said his name was Michael Jackson

25

Senneff: “Once someone said his name, I looked at the patient’s face and saw it was Michael Jackson.”

26

Back in session. More soon.

27

Senneff: “I asked what his underlying condition was…. the doctor said nothing, that he was just treating him for dehydration & exhaustion”

28

But Senneff said the patient did not look like one suffering from dehydration exhaustion, which are relatively mild conditions.

29

Senneff asked what kind of medication patient was taking. Sennef said that according to Dr. Murray, “he was not” (taking any medication)

30

Senneff said when he moved MJ, he felt he did not have a pulse. His pupils were fixed and dilated, eyes were quite dried

31

Senneff: “When I picked him up and moved him, he was cool to the touch. I would say less than an hour… Body doesn’t get cold that fast”

32

Senneff said MJ’s chest was pale white, his hands and feet turned blue from not getting enough ventilation/oxygen.

33

Senneff said he contacted UCLA hospital. He also said Dr. Murray then indicated he gave MJ a little bit of lorazepam to help him sleep

34

13:13 – hospital

35

13:07 – transported

36

12:25- on scene

37

12:23- rolling down the street

38

12:22p – dispatched

39

Timeline of paramedics’ response, PT

40

Court done for the day. Tomorrow it will be only one hour. A juror has a funeral to go to. Still on second witness, LAPD Orlando Martinez

41

Senneff: “I notified the hospital and was told to continue resuscitation efforts.”

42

Senneff: a paramedic was using the ambu bag to breath for the patient, another connecting the EKG machine and was giving him drugs

43

As for Dr. Murray, he was trying to help the best he could, Senneff said, and that the doctor “was looking for things in the box”

44

Senneff: “Dr Murray reached in our box, he gave additional injection of epinephrine”

45

Senneff: Dr Murray said he felt femoral artery pulse. However, Senneff said no one else, other than Dr. Murray, was able to find a pulse

46

Senneff: MJ’s condition hadn’t changed on the way to the hospital. “The hospital asked me about calling (time of death). Dr Murray said no.”

47

Senneff: Dr Murray had a white plastic bag in one hand. When I came to the door he froze, he was actually surprised to see me (in MJ’s room)

48

Senneff: Dr. Murray rode in the ambulance together. He was standing in the ambulance, holding the top rail, talking on the cell phone

49

Senneff said it was chaotic outside the house, very difficult to get out. People trying to take pix, unbelievable amount of commotion

50

Senneff said everybody was following the ambulance. He was shown a picture of MJ inside the ambulance and confirmed it was legit.

51

Upon arrival at UCLA, Senneff explained to the ER doctor what he had done, like a quick recap, no changes in patient’s status.

52

Senneff described a situation with a Russian woman at UCLA who passed out when she heard MJ had died. “I helped her out,” he said.

53

No one on your team detected pulse? No

54

Was he dead for a period of time? Yes

55

Defense atty Kathryn Cahan did Senneff’s cross examination:

56

Q: Did dr Murray lied to you?Senneff: I’m not even going there. I was worried about the patient and all the info I can get

57

Senneff said it is not unusual for family members, people around the patient not know whether they are taking drugs

58

Senneff said he let Dr. Murray go through his medical bag since what he was doing was reasonable.

59

Cahan went through the emergency medical service report again. It asks the weight of the patient, Senneff estimated 150lbs, 5’09-ish

60

Senneff answers 120 calls per month average. He said he got very good at estimating people’s weight.

61

He said nothing, nothing, I’m just treating him 4 dehydration, exhaustion.

62

When Senneff asked Dr. Murray about MJ’s underlying condition:

63

As to Propofol, Senneff said all he knew it was an anesthetic used in surgeries. He learned through the media that was MJ’s cause of death

64

Then it was back to Panish for re-direct. Senneff told the court he did not see Dr. Murray actually performing CPR.

65

Senneff said the American Heart Association indicates CPR is performed on a bed it’s less desirable. One must place patient on hard surface

66

Panish said Dr. Murray performed CPR with Michael Jackson on the bed:  “That’s not how you’re supposed to do it,” Senneff opined.

68

Panish: Did you think Dr. Murray was fit to perform CPR?Senneff: I did not believe he was

69

As to Dr. Murray, Senneff said: “I did not believe he was telling me the full story at the time.”

70

Panish: What did Michael Jackson tell you?Senneff: Nothing, sir

Panish: Because he was dead when you arrived?

Senneff: Yes, sir

71

Senneff agreed that it is expected that a competent, fit physician be able to revive a patient in respiratory arrest. No re-cross by defense

72

Second witness was LAPD Detective Orlando Martinez. He took the stand and explained his background and training he has had.

73

Martinez learned from his lieutenant that Michael Jackson was the victim. He went to UCLA to begin his investigation.

74

Panish: Did you see anyone at the hospital affiliated with AEG?Martinez: I saw Mr. DiLeo and Randy Phillips

75

Martinez said he also I saw Mrs. Jackson, Randy and the children but it was from a distance. He couldn’t characterize their demeanor

76

Panish: Were you able to speak with Dr. Murray at the UCLA?Martinez: No

Panish: Why not?

Martinez: He had left

77

Martinez: We decided to fly him from UCLA to the Coroner’s office to avoid repeat from messes we had before

78

Panish showed Martinez photos Martinez took at the house. Martinez didn’t search Dr. Murray’s vehicle because he wanted a search warrant

79

Martinez didn’t leave Dr. Murray’s car at the residence, wanted a reason for the doc to go talk to him. Car was impounded to a police yard

80

Seeing pix of MJ’s room, Martinez said he saw IV bag, pill bottles, vials, ambu bag. “It looked like the room had been cleaned up,” he said.

81

Martinez: “Things had been removed from the room prior to police’s arrival.” He took several pictures to document the scene

82

Martinez said at that time the investigation was leading to natural or accidental death, no real signs of foul play, but it was odd.

83

Martinez says he learned from Dr. Murray that there were 3 bags total of medicine in the closet. He went back to the house to retrieve them.

84

Panish showed pictures of the cabinet w/ the bags inside. Martinez described what was inside the bags: several vials of Propofol, drugs

85

Martinez took fingerprints off the bags and found Dr. Murray’s prints on the bottles. Panish showed picture of lidocaine and oximeter

86

Another pix shows empty Propofol bottle and empty saline bag with a slit on it. Martinez said Dr. Murray was the 1 who sliced the saline bag

87

Next picture: Eye drops, bottles of Propofol, lidocaine, benoquin, caffeine/ephedrine energy pills and business card of Dr. Murray

88

Next picture: 4 bottles of Propofol, one bottle of Lorazepam, one bottle of Midazolam, 2 bottles of Flumazenil.

89

Another picture shows inside the security trailer with several oxygen tanks. Next picture: MJ’s closet with his clothes hung

90

Martinez: BMW was registered to Susan Rush, Texas address. It was registered to her name, but it was her brother’s car, Dr. Conrad Murray

91

Dr. Murray was living in Santa Monica and in Las Vegas. “He stayed in Santa Monica with his girlfriend/mistress,” Martinez said.

92

Katherine and Randy Jackson never went back to the courtroom in the afternoon. Rebbie was also at the courthouse with her mother.

93

Search of Dr. Murray’s vehicle was conducted at the official police garage in West L.A. Martinez said he found 3 items he thought important

94

In Murray’s car: handwriten note with 24 hour pharmacies names/numbers; Randy Phillips’ business card; contract between Dr. Murray and AEG

95

Martinez had already interviewed Dr. Murray prior to the car’s search. He attempted to interview him again, but doc wasn’t talking anymore

96

Martinez said he was looking for a motive for MJ’s death, and the contract could be important financial aspect to investigate.

97

When Martinez interviewed Dr. Murray, along with two of his attorneys: “he was not being honest and forthright”

98

When he Martinez interviewed Dr. Murray, along with two of his attorneys, Martinez thought “he was not being honest and forthright”

99

Martinez said he needed to investigate if case was for Dr. Murray’s own financial gain. Martinez ran the doctor’s name in computer databases

100

Martinez said Dr. Murray has 8 children by 7 women. He classified Dr. Murray’s financial condition in May/June 09 as “severely distressed”

101

Martinez checked Dr. Murray’s credit report. “There was a notice up that his house was either on a lien or being foreclosed on.”

102

Panish showed a document from a title company that said Dr. Murray owed $ 1,644,644.25 for the loan of his house (unpaid principal balance)

103

As of January 2009, Dr. Murray had not been paying his mortgage and was behind $ 15,165.11. Late charges accruing at rate of $3,477.95

104

Panish: Is there any question in your mind that Dr. Murray was in dire financial straits?Martinez: No, no question

105

Panish displayed to the jury several documents showing Dr. Murray had many liens and owed lots of money in child support in various counties

106

Trial session ended at this point. Panish to resume questioning Det. Martinez tomorrow. It’ll be 1 hour session, since a juror has a funeral

107

Defense made a motion to exclude Randy Jackson from the courtroom, since he’s on the witness list. Panish said he’s here w/ mom. Judge okay

108

More to come tomorrow. You can follow our coverage on @ABC7 Eyewitness News as well and http://www.abc7.com . Good night everyone.

So the very first check of the database showed all Murray’s problems.
Why didn’t AEG do the same?
Or probably they did and liked what they saw? After all Randy Phillips said that “they checked everyone out” and told Kenny Ortega not to worry?

And after that AEG speaks of Michael’s “dark secrets”?
And what about theirs?

*  *  *

I said it too soon about the LA Times – now they have also stepped on the slippery road of biased reporting. First a certain “fan” said to them that the case “is not about justice but about who is going to make money” and now they happily report her words in each of their articles.

Never knew that the dubious opinion of some “fans” was so valuable to the LA Times that they would make so much fuss over it.  This makes me feel proud that I am no “fan” but Michael Jackson’s supporter.


Filed under: AEG THE HORRIBLE, The SOCIETY Tagged: AEG, Brian Panish, Katherine Jackson, Michael Jackson

AEG-Jackson wrongful death trial, DAY 4, TRUE witnesses and the MEDIA SPIN

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Here are the tweets of ABC7 Court News reporting Day 4 of the AEG trial:

DAY 4 of AEG trial

1 Hello from the courthouse in downtown LA. Before trial resumed, AEG atty asked judge to excuse Rebbie from courtroom; she may be a witness
2 Judge Yvette Palazuelos had ordered that only one Jackson family member accompany Katherine Jackson. AEG wanted it to be Randy every day
3 Judge Yvette Palazuelos: “Mrs. Jackson should have one person in support with her in the courtroom.” Rebbie was allowed to stay.
4 LAPD Detective Orlando Martinez back on the stand. Panish went over Dr. Murray’s credit report. It shows doctor was behind in his mortgage
5 Martinez said he got Dr. Murray’s credit reports from Experian and Equifax, but not Transunion, since they didn’t accept the subpoena.
6 Panish played a voicemail Frank DiLeo left to Dr. Murray on June 20, 2009: “I’m sure you’re aware he had an episode last night. He’s sick”
7 Also in the voicemail, left on June 20, 09 DiLeo told Dr. Murray he thought MJ needed to get a blood test done to see what was wrong
8 Next Panish showed some documents Martinez retrieved describing that Dr. Murray had lost his privilege at some hospitals.
9 Panish finish direct examination by getting Martinez to say, one more time, that he thought Dr. Murray was in dire financial straits in 09
10 AEG attorney, Marvin Putnam, is cross examining Detective Martinez. There will be no time for coroner to testify today.
11 Lunch break almost over. Katherine Jackson and Rebbie in the courtroom all morning.
12 Detectives Dan Meyers and Scott Smith partnered with Martinez. They investigate Dr. Murray in connection with the criminal matter.
13 Martinez said his unit at LAPD investigates sexual assault, robbery, murder. The detective entered MJ’s house pursuant to the investigation.
14 As a police officer, Putnam asked Martinez if he had special privileges to do searches. Martinez said private investigators can do it too
15 Putnam: If I wanted to look up your credit, will I need your permission?
16 Martinez: I think so
17 Putnam: there are limits as to what civilians can do in terms of search, like DMV search?
18 Martinez: I believe so
19 Putnam asked Martinez if searching someone’s credit without consent is a crime
20 Putnam: it would be a crime?
21 Martinez: It’s a misdemeanor
22 As to looking for Dr. Conrad Murray at UCLA, Martinez said: “when I sent the other two detectives to go find him, he was gone.”
23 Putnam asked why Martinez wanted to talk to Dr. Murray: “To get straight from the horses’s mouth what happened.”
24 Martinez said they knew where Dr. Murray was, but he was not answering police calls. “We knew where he was, we were tracking his cell phone”
25 Panish: Were you suspicious of Dr. Murray?
26 Martinez: Yes, if it was medical emergency/natural death why would he be refusing to speak w/ us
27 Dr. Murray was not interviewed until two days after MJ’s death. The doctor told Martinez he had spoken with AEG’s people while at UCLA.
28 Putnam asked about all the times Martinez went to MJ’s house over the months after MJ’s death. Martinez confirmed he was there several times
29 Judge Palazuelos asked Martinez if the police had secured MJ’s property. He said yes, up until about midnight on the day MJ died.
30 After midnight, Martinez said, MJ’s house was only secured by MJ’s security team and family members could come and go freely.
31 Putnam showed Martinez pix of the front door of MJ’s house. The detective identified the entrance as the one he used to enters the property.
32 Martinez said the house has 3 levels: 1st, 2nd, basement w/ movie theater, exercise room, wine cellar; all very clean and organized
33 Next picture showed the second floor’s master bedroom — it was MJ’s master bedroom, but not the one he received treatment.
34 There were a lot of papers on the floor, master bedroom was very messy. Martinez said curtains were pulled and fireplace was on.
35 Pics of master bedroom showed papers on the floor, clothes hung, books piled, moving boxes. Hall to the closet covered with clothes.
36 One of the many closets in the master bedroom was very disorganized, clothes and boxes all over the place, on the floor. Complete mess.
37 Martinez said the room seemed messy but it didn’t seem out of the ordinary. It was night and day compared to the rooms downstairs, he opined
38 Pictures showed the master bathroom also messy, clothes everywhere, boxes with stuff, shopping bags.
39 Martinez said MJ’s house was secured from 2:30 pm PT until about midnight on the day MJ died. After midnight, the scene was not secured.
40 On the 26th, Martinez got a search warrant to search the house since he had obtained more information in the investigation.
41 Search warrant: …his staff was allowed to be present on the ground floor. No staff was allowed on the top floors.
42 A chef, Kai Chase, was allowed to go upstairs to drop food off outside the door.
43 Search warrant: During the course of the investigation, family members notified coroner that they had located luggage on the second floor
44 Dr. Murray’s attys called police for interview; lasted 2 1/2 hrs. Martinez said he learned facts that led him to believe this was criminal
45 Martinez said he first noticed the drug Propofol when he found a vial in Jackson’s room. Martinez’ neighbor is a doctor, he asked for help
46 Martinez said he believes Dr. Murray’s first orders of Propofol were in March 2009. They were shipped from Las Vegas to Santa Monica.
47 Putnam asked Martinez about the medical equipments found at MJ’s house: oxygen tanks, IV stand, ambu bag. “It was rented by Dr. Murray”
48 Dr. Murray was the person who paid for the items, Martinez said. Dr. Murray also paid for all the Propofol orders.
49 Martinez said LAPD doesn’t name people as suspects, but “It was common knowledge he (Dr. Murray) was a suspect.”
50 Martinez interviewed Mrs. Jackson in Dec 09. He wanted to clear up some stuff regarding family meetings, addiction, intervention
51 Martinez: Family had attempted several interventions, spoken with other sons about his possible problems with drugs.
52 Martinez said he wrote that the family tried numerous interventions, but didn’t know exactly how many.
53 Putnam: Do you remember what Mrs. Jackson told you MJ said?
54 Martinez: That he denied having a problem
55 Martinez said Mrs. Jackson thought MJ was taking drugs for back pain. The Detective thought his addition was to painkillers.
56 Martinez wrote in a doc that Mrs. Jackson saw Dr. Murray at UCLA for the 1st time. She said she didn’t know who he was until Michael’s death
57 Martinez: “Mrs. Jackson stated the family attempted several times to help Michael, however he would have nothing to do with it.”
58 Martinez did not interview Michael’s children. Another detective did, but they chose not to get into the drug abuse line of questioning.
59 Putnam countered plaintiffs several documents highlighting Dr. Murray’s financial distress by saying all the liens belonged to one house
60 Panish said Dr. Murray’s hospital privileges were suspended because he was late returning phone call while on duty & lack of record keeping
61 Putnam asked if Martinez knew if Dr. Murray’s license to practice medicine had been suspended before June 25, 2009? He said no.
62 Putnam: Did Dr. Murray’s debts excuse him in anyway for what he did? Martinez: No
63 Putnam asked Martinez if Dr. Murray being in financial trouble made him a suspect? He said no, it was the totality of the evidence
64 Panish accused AEG of implying Murray was a great doctor. “But that’s not true, you found out that he had killed someone else” Panish asked
65 Putnam objected and Panish rephrased the statement, saying Martinez found out Dr. Murray was sued for wrongful death of another patient
66 About seeing Mrs. Jackson and the kids at UCLA:
67 Martinez: distraught
68 Panish: Upset?
69 Martinez: Very
70 Martinez said Katherine Jackson did not have attorneys present when he interviewed her. She was cooperative and forthcoming.
71 Panish asked if having messy room is against the law according to the penal code? Martinez laughed and said no.
72 As to the moving boxes, Panish asked Martinez if he knew MJ was planning to go to England the first week of July. He said yes.
73 Panish: have you changed your mind?
74 Martinez: Did not change my mind that Dr. Murray’s financial distress was the reason for his actions.
75 Putnam asked if anyone at AEG ever refused to speak with police or produce documents, and Martinez said no. They gave police one email
76 Putnam noted that the person who died under Dr. Murray’s care died of natural causes and no lawsuit was filed. Marinez said he was wrong.
77 Putnam asked Martinez what was his suspicion. For that amount of money he wondered if Murray would bend rules to be the one getting the money
78 Putnam: the suspicion wasn’t about the source of that money, AEG Live?
79 Martinez: It didn’t matter to our investigation
80 Did you change your mind that his financial problems were the motive for what he did to bend the rules? Panish asked. “No,” Martinez replied
81 Martinez was excused subject to recall in case defendants want to put him on the stand again. No court tomorrow, trial resumes on Monday
82 Plaintiffs’ attorney told the judge toxicologist Mr. Anderson and coroner Dr. Rogers are expected to testify on Monday.
83 That completes Day 4 of Jackson Family vs AEG trial for the wrongful death of Michael Jackson.
84 ABC7 Court News

*  *  *

Believe it or not but out of the above I was mostly impressed by the different way the ABC news and the LA Times presented the small piece on who would stay in the courtroom to support Mrs. Jackson.

ABC7 Court News said the following about it:

  • “Judge Yvette Palazuelos: “Mrs. Jackson should have one person in support with her in the courtroom.” Rebbie was allowed to stay.

And the LA Times turned it into an impressive statement to effectively end their article with:

  • “I think Mrs. Jackson should have at least one support person in the courtroom,” the judge said”.

I checked my reaction several times and each time it sounded to me like there was no one else but one person support Mrs. Jackson in that courtroom. The same phrase in the ABC variant did not convey anything of the kind – there was no “at least” there and this was not how their text ended.

I recently guessed that when you read the article you need to go immediately to the end of it. The ending is the essence of it all, it leaves the lasting impression on the reader and though may fully contradict the text prior to it will imprint on the memory its most important conclusion. This way a mere couple of words or a question mark at the end may doubt or even erase everything said prior to that.

So it is absolutely no chance occurrence that the LA Times is turning that “only one person in support of Mrs. Jackson” phrase into an effective ending – this way they are sending a hint that the case is frivolous and if even no one in the courtroom is supporting it (as the judge said) no one beyond the walls of the courtroom should do it either:

Family tried to get Jackson to stop taking drugs, detective says

By Corina Knoll

May 2, 2013, 4:00 p.m.

Michael Jackson’s family tried over and over to talk with the pop singer about his drug abuse and attempted one intervention at his Neverland retreat, a Los Angeles police detective who interviewed Michael Jackson’s mother testified Thursday.

Det. Orlando Martinez said that when he interviewed Katherine Jackson on Dec. 9, 2009 — months after Jackson’s death — she told him  she had never met nor known about Dr. Conrad Murray until her son died. Murray, who gave the singer a lethal dose of propofol,  is now serving a jail sentence for involuntary manslaughter.

“Mrs. Jackson stated that she last spoke with Michael at his residence on Carolwood approximately one and a half weeks prior to his death. When asked if Mrs. Jackson had ever met Dr. Murray she stated that she had not and didn’t even know who he was until after Michael’s death.

“Mrs. Jackson was asked if she or any other family members ever attempted to do an intervention with Michael as it relates to painkillers or any other drugs. She stated that there had been one attempted intervention at Neverland on behalf of Janet, however Michael didn’t want to participate.

“Mrs. Jackson stated that she had been informed Michael had been taking drugs, however she had no idea which drugs, and she had never seen Michael take any drugs. Mrs. Jackson stated that the family attempted several times to help Michael however he would have nothing to do with it. She further stated that she had asked Michael if he was taking any drugs and Michael denied it.

“When asked if Michael had any chronic medical conditions that she was aware of, Mrs. Jackson stated that he had problems sleeping and that his back frequently bothered him. She stated she thought the back pain was a result of falling off of a stage during a performance.”

Katherine Jackson has been present at the trial since it began Monday, stepping out of the courtroom only when a paramedic described finding the singer on his bed.

Jackson’s mother and the singer’s three children are accusing the entertainment company of pushing the singer beyond his physical abilities and of negligently hiring and controlling Murray, who gave Jackson a fatal dose of propofol.

On Thursday, defense attorneys objected to Katherine Jackson being accompanied by her daughter Rebbie, who, like many of her siblings, is on the witness list.

Judge Yvette Palazuelos overruled the objection. “I think Mrs. Jackson should have at least one support person in the courtroom,” the judge said.

http://www.latimes.com/local/lanow/la-me-ln-jackson-drugs-20130502,0,1402767.story

An impressive  ending indeed. And you asked about the ways they do it to us.

As to the essence of the “drug problem” let me repeat what I already posted in the comments on the article.

The problem of Michael’s drug addiction is highly exaggerated and since his mother and siblings knew nothing of the true state of affairs they were the first to fall for the media gossip.

Michael Jackson is celebrating  Paris's birthday in Las Vegas. People Magazine, April 2007

Michael Jackson is celebrating Paris’s birthday in Las Vegas. People Magazine, April 2007

When Michael returned from Ireland in December 2006 he was healthy, invigorated and clean of any drugs, but the media thought otherwise, and unfortunately the family believed the media and not Michael. They attempted an intervention though there was no other reason for it except the nasty media gossip. The intervention was all the more insulting to Michael because all this mistrust was coming from his own family.

At the time he was seen in a wheelchair, but this could have been a flare of lupus from which he suffered all his life and which is an incurable disease. It flares up in time of stress and trouble and goes into remission when everything is quiet. The family had no idea about Michael’s lupus as this information was uncovered only recently and confused by all those  wild guesses assumed the drug version as the media conveniently suggested it.

Wheelchair

Las Vegas again

However neither the media reports, nor the family’s interventions prompted by the media “information” are proof enough that Michael was indeed taking any drugs, at least at that time.

It was Michael’s biggest problem and even a tragedy that no matter what he did everyone thought only the worst of him, family included.

Let me remind everyone of Michael’s promoter Jack Wishna who also complained about the family’s unreasonable behavior, especially Joe Jackson, but never saw any drugs around Michael and never saw or heard him to take any when he was in Las Vegas in 2007 and 2008:

January 8, 2010

Jack Wisha and MJ“It was December 23rd 2006, it was the day before Christmas Eve and we arranged it where a private jet would pick Michael Jackson up in Dublin, Ireland, and take him directly to Las Vegas,” Wishna said in an interview for Access Hollywood and Las Vegas television station KVBC with correspondent Alicia Jacobs.

And Wishna revealed the vision he shared with Jackson.

When he came off that plane, it was the old Michael Jackson of the ‘Bad Tour,’ type thing, it was the Michael Jackson that I grew up with,” he said.

And although Jackson’s use of prescription drugs became big news after his death, Wishna said he never saw any of that kind of stuff around.

“Never saw any drugs,” Wishna said. “Never saw any intravenous, or needles or anything like that. Never met any doctors around Michael.”

Naming their project “RockCity,” Jackson was going to be required to perform just three days a month.

But once he was settled into his new home with his children and the comeback collaboration was underway, Wishna said Jackson’s behavior turned erratic.

“As he stayed in Las Vegas, he started to get debilitated while he was here and debilitated from a mental health standpoint, debilitated from a physical standpoint,” Wishna said.

“The family started to, you know, bother him again… His father Joe. It just started – a lot of the weirdness started to come back,” he continued.

Wishna said he often had to conduct damage control, especially after one night when Jackson watched a fight, incognito in a wheelchair.

“My phone rings… It’s The Associated Press and the person on the other end of the phone says Jack, ‘What do you know about Michael being in a wheelchair last night with a coat over his head and sunglasses over his coat,” Wishna recounted. “If you say, ‘Michael, why did you do that?’ That’s the way he wanted to go out and if he wanted to go out that way, that’s the way he wanted to go out.”

Eventually, Wishna came to the decision that the negative publicity surrounding Jackson’s antics were detrimental to the success of “RockCity.”

“This was probably about June of 2007 and I said, ‘Michael, I think we should shelve it. I think we should put it on the shelf, come back to it when you are’ — these are the words that I used – ‘mentally, physically, and vocally capable of being a part of this project,’” he explained.

Wishna was both right and wrong. As the world discovered from “This Is It,” Michael’s vocals and dance moves were at the top of his game, but his drug abuse tragically sabotaged it all.

“I believe Michael was troubled every single day of his life,” Wishna said. “I believe that contributed to his untimely death.”

http://www.accesshollywood.com/jackson-confidant-jack-wishna-opens-up-about-michael-and-the-tour-that-never-was_article_27503

Jack Wishna’s explanations of the wheelchair prove to me only one thing – he had no idea about Michael’s lupus and its flares, or otherwise he would not have so easily brushed it off.

However the essential fact in his story is that he did not see any drugs. Michael’s health must have been indeed frail as otherwise he would not have used the wheelchair but the reason for it was evidently not drugs, but something else.

My personal opinion is that it was the stress of coming back home and seeing all the usual media spin that did not change a bit since the time he left the US. After the the 2005 trial his nervous system was completely ruined and all the worry and fear of seeing people judging him again was sending him into a state of a nervous wreck.

In this connection I’m tempted to quote some of Karen Faye’s Facebook messages:

  • Michael was afraid to be judged again. I have answered this over and over. The trial devastated his self esteem in which he never recovered. Some people think “super stars” are ‘super human” … they are NOT. They hurt and bleed just like you. How would you be after the trial?????
  • Yes LOOK tabloids… look what you have done. Display what you have done to Michael in your trashy magazines. Print your guilt!!!!

TRASH ABOUT THE MESS

Day 4 of the AEG trial started for me with a shock of having to read miles and miles about Michael’s “messy” room.

bedroom24In one more LA Times article Corina Knoll described the mess with so much relish that I very much regretted my earlier good opinion of the paper – the speed with which the LA Times is turning into a tabloid is amazing.

More than half of the article is devoted to what they call a “peek into Michael Jackson’s private life” describing his premises as “messy”, “strewn all over with clothes”, full of “cardboard boxes lined up”, “books piled up on the floor”, “more cardboard boxes overflowing with clothes” and a “rumpled bed”.

In their opinion the bed where a man just died should necessarily be a tidy and pretty sight.

And not a word – not a single word –  is said about the fact that in the days before his death Michael Jackson was simply packing for his long stay in London which was to start a few days later, around July 3.

One does not have to be a genius to recall this simple fact. All the LA Times had to do was report the news from the courtroom as it was, without overlooking anything said there. And Brian Panish did ask there if the witness remembered that Michael Jackson was packing for a move to London and the witness acknowledged that he did.

ABC7 CourtNews tweeted his questions to Detective Martinez and his laughing answer about it being no crime:

  • “Panish asked if having messy room is against the law according to the penal code? Martinez laughed and said no.
  • As to the moving boxes, Panish asked Martinez if he knew MJ was planning to go to England the first week of July. He said yes.

But this is what the ABC7 CourtNew said and the LA Times absolutely failed to report, and the fact that they didn’t say a single word to explain the reason for the mess, but devoted six full paragraphs to its description, is turning their story  into a piece of valuable evidence about them.

They called it a peek into Michael’s private life, but instead gave us a peek into the kitchen where the media is baking its news about Jackson.

Now they themselves showed us how they are doing it and what a deep and dark agenda they have against Michael. They demonstrated it by cutting off anything that might explain Michael’s actions and using the rest of it for exaggerating it out of all proportion and allowing your fantasy to do the rest of their misinterpretation.

Example of a possible collage

Collages are made not only by the LA Times

This is no objective reporting. This is a cut-and-paste job where you take a photo of a man, cut off anything that might be pleasing to the sight, photoshop it  by attaching some garbage to it, and then say – “This is the real him”, while what you actually see is a nasty collage only.

Why they are doing it – for ratings, money or out of their big and selfless love for guys like AEG, does not really matter. What matters is the fact itself – they are eager to cover Jackson with dirt and paint a picture of him that will be suitable for  AEG only. And AEG is interested in Michael Jackson’s character assassination because they have nothing else to say in their defense, and this is why they are now making these dirty but irrelevant statements.

Indeed how can the packing process on the second floor of Michael’s home be relevant for the case accusing AEG of negligent hiring Murray? In the opinion of the LA Times it evidently can:

 Photos of Jackson’s messy, clothes-strewn bedroom shown to jurors

By Corina Knoll

May 2, 2013, 1:39 p.m.

In a case that attorneys promised would dive into Michael Jackson’s personal life, jurors were shown photographs Thursday of the eccentric music legend’s messy, clothes-strewn second-floor bedroom in the rented mansion where he died.

Although the foyer of the Holmby Hills home was pristine — a lavish, open space with ornate gold frames — and the dining room boasted flowing white curtains around giant windows that allowed in streaming sunlight, the second floor presented a scene that was radically different, jurors were told in the wrongful-death case brought by the singer’s family against entertainment firm AEG.

On June 25, 2009, the day of Jackson’s death, the master bedroom on the second floor was in disarray, Los Angeles Police Det. Orlando Martinez testified. The curtains were pulled and the fireplace was on.

A portable rack was jammed with hangers of clothing. More clothes were strewn about the room, including on the rumpled bedspread. On a desk were stacks of what appeared to be DVDs and papers. Books lay in piles on the floor. Lining the hallway floor that led from the bedroom to the master closet and a bathroom were piles of clothes.

Inside the closet was a globe, shopping bags, a dress form with a red coat trimmed in black, and cardboard boxes that overflowed with even more clothes.

Papers were strewn about the star’s bathroom, which had another cardboard box stuffed with clothing. Bags and towels lay scattered about. Inside the inlaid marble bathtub were additional towels. Nearby sat fancy glass bottles filled with liquids.

Although merely a peek into Jackson’s private life, the photos presented during the fourth day of the case could foreshadow what’s to come in a trial expected to last four months.

The suit filed by Jackson’s mother, Katherine, and his three children accuses concert promoter AEG of pushing the singer beyond his physical abilities and of negligently hiring and controlling Dr.Conrad Murray, who gave Jackson a fatal dose of propofol and is now serving a jail term for involuntary manslaughter.

On Thursday, the family’s attorney played a phone message to Murray left by Jackson’s manager Frank DiLeo on June 20, 2009.

“I’m sure you’re aware he had an episode last night. He’s sick. Today’s Saturday, tomorrow I’m on my way back. I’m not gonna continue my trip. Uh, I think you need — I think you need to get a blood test on him today. I — I — we gotta see what he’s doing. All right. Thank you.”

Brian Panish, the plaintiffs’ attorney, said he believed that DiLeo had spoken with an AEG executive just prior to making the phone call.

Five days later, Jackson was dead.

Martinez testified that on the day of the singer’s death, he went to Jackson’s home, which boasted a movie theater, workout room, dance area and a wine cellar.

Although the entryway was immaculate, the second floor — where Jackson had been found by paramedics earlier that morning — was a deep contrast.

A search warrant and affidavit said that no adults besides Jackson were known to live at the location and that the staff was only allowed to be present on the ground floor. Martinez testified that the chef was allowed to leave food outside a door upstairs.

Martinez said that when he arrived, Jackson’s children and his brother Randy were at the home. He also saw three cars, including Murray’s BMW.

Investigators attempted to reach Murray but the doctor did not answer his phone or return calls, which seemed suspicious, Martinez said.

“If it was a medical emergency or a natural death, why would he be refusing to speak with us? Why would he leave the hospital after he was asked to stay? Why would he not go back to pick up his car?” Martinez said.

Murray was tracked through his cellphone and found in Santa Monica. Detectives interviewed him two days after Jackson’s death.

http://www.latimes.com/local/lanow/la-me-ln-michael-jackson-bedroom-aeg-20130502,0,3325050.story

I remember one of Michael’s friends saying that Michael had so little help at that time that he had to pack his things himself. Moving house is a difficult job as it is, as each of us knows, but when you have to rehearse in the daytime, struggle with insomnia the whole night through and have to pack things during the little time left, it is simply mean, indecent, vulgar, foolish and absurd to derive pleasure from trashing the person for the clothes lying about his room waiting to be packed.

June 21st was Sunday, and the next day June 22nd the show was moving from the Forum to Staples Center. Michael had two spare days and must have used them for packing his things for London. On June 23d he told his chef Kai Chase that he had packed and was ready to go. The boxes with luggage were indeed lining up the premises as those “messy” photos confirmed.

Michael said to Kai Chase:

She said she had already filled out paperwork and submitted a copy of her passport to the Jackson staff and expected to leave for London on July 3.

On June 23, she said Jackson told her: “I’m packed and I’m ready to go.” Two days later, he was dead.

http://www.michaeljackson.com/it/node/103968

The process was far from finished of course and the reader who answered my comment in the LA Times added to it that Michael was known to be having a clear-out at that time and giving away his clothes and personal items to other people which was another reason to hang them out and look:

Pen-dragon57 at 12:52 AM May 3, 2013

Good point  -  Jackson was to stay in England for around 9 months – anyone who has ever moved home will know how chaotic a time that is… boxes everywhere.  Jackson was also known to be having a clear-out at the same time, and gave away many clothes and personal items in preparation for the move.  I see nothing sinister in his private quarters being in a muddle at this time.

In this house Michael Jackson lived from end of December 2006 to beginning of 2008

The house Michael Jackson lived in from end of December 2006 to beginning of 2008

If this packing problem is still a sore point with those who listen to AEG’s trashy stories repeated by their media collaborators, let me inform you that the realtor who rented a mansion to Michael Jackson in Las Vegas said that he left the house in an impeccable condition, professionally cleaned. The realtor called Michael a complete gentleman.

I wish the same could be said about the AEG people and journalists dancing to their tunes. Here is the story about Michael’s house in Las Vegas and the realtor who disproved the media lies:

Inside Michael Jackson’s Bedroom

by Whitney English and Natalie FinnTue., Jul. 14, 2009 9:03 PM PDT

So this is what it looks like.

E! News scored an exclusive tour of the Las Vegas mansion the King of Pop rented while negotiating a possible comeback gig—and though any personal items belonging to the eccentric artist are long gone, it’s still fascinating to put a place to the increasingly odd face.

Here’s the scoop we got from realtor Zar Zanganeh, who leased the 10-bedroom house to Jackson in 2006 and 2007 and is now showing it for seller Carolyn Mullany Coldwell Banker Premiere Realty:

Jackson obviously wanted to keep his kids close to home—that’s where they played and went to school, and a security team was on hand at all times to keep them safe.

Vegas businessman Jack Wishna, who was trying to get a Sin City concert residency rolling for the Thriller artist, told E! News this week that Jackson and his three children all slept in one room.

Zanganeh maintained that Prince Michael, Paris and wee Prince Michael II (aka Blanket) had their own bedroom next to their dad’s 2,000-square-foot suite—and that’s where they slept, on three separate beds.

Albeit three separate beds squished together in a room meant for one bed.

“Michael slept in his bed every night as far as I know,” the realtor said. “There were plenty of times I came over and he was still in bed. He always came out of this room,” he added, motioning to the master bedroom. “The kids were right next door.”

Zanganeh did not dispute, however, Wishna’s story about Jackson leaving his Christmas ’06 tree up until the day his family vacated the home the following summer—but he put a much sweeter spin on it.

“He liked it so much he left it up for his entire stay,” he said simply, adding that rumors of Jackson leaving a mess behind when he moved out were totally false.

“He left the property in great condition, professionally cleaned up. He was a complete gentleman,” Zanganeh said.

The gated residence—replete with tennis and basketball courts, a  playroom, three office suites, au pair quarters and an impressive yet eerie backstory—has remained empty since the most storied branch of the Jackson family called it home.

http://uk.eonline.com/news/134156/inside-michael-jackson-s-bedroom

The article corrected the media spin about Michael’s housekeeiping ways, however introduced us to another spin concerning the“sleeping in one room” issue. With these people it never stops – you put out one fire but they immediately ignite another one for you.

JACK WISHNA’S TESTIMONY

No, Jack Wishna did not mean anything like that. He just said that he saw several mattresses brought together into Michael’s master bedroom so that he and his children could jump and play there. And as if knowing what would start after these words Jack Wishna quickly added that all of it was quite innocent:

“I’m looking around the house for him and I go into the master bedroom and there’s no mattress on the bed. I go into another bedroom, there’s no mattresses on the bed. I finally open up a room that was kind of like an empty room and all the mattresses are on the floor lined up so Michael can sleep there with the three kids,” Wisha said.

However, Wishna was quick to note the impression left by the unusual sleeping arrangement was purely an innocent one.

“They can play. They can jump up and down. That’s Michael,” he added. “He was very comfortable in that Romper Room-type environment.”

Wishna also insisted Jackson tried his hardest to be a good dad.

http://uk.eonline.com/news/134025/m-j-slumber-partied-with-his-kids-kept-joe-out

Jack Wishna spoke about Michael’s life-style with a smile and understanding, adding that that one part of Michael was a creative genius while the other was that of a 13-year old and that he was a child at heart.

Though the article is actually nasty it has a good video called “Michael’s former Vegas promoter, Jack Wishna, lets us in on the private, family-oriented style of the King of Pop”, where free from any media embellishments made around his words Jacks Wishna says what he really says:

  • “He loved those children more than anything else in the world. He was a great father. In the 22 thousand square foot mansion there were beds in every room. The master bedroom was probably bigger than the size of my house and he took all the mattresses off all the beds in all the rooms, put them into one room so that he can sleep, play, jump up and down on the mattresses with his three kids, and they all will be together in one room.
  • I always said that Michael was very creative, tremendously creative on one side of his brain. On the other side he was always thirteen, he was just a child at heart, he was always a child, he acted like a child. If he was in a room and part of the room had adults and part of the room had children he would gravitate towards the side with the children. He loved children, he loved his children, he would be most comfortable in that environment”.

And it was due to Michael’s trust of a “thirteen-year old” and belief in the good of others that he let “wrong people come into his life”. As we know Jack Wishna regretted very much that he had brought Michael back to the US:

Wishna was working with Jackson on a permanent Las Vegas show, but during the seven months he lived here, it became clear Jackson was in no physical shape to take on such a project.

“The wrong people came into his life and ultimately caused his demise,” says Wishna.  “One part of his brain was tremendously talented in terms of music and creativity, the other side of his brain was very trusting like a twelve year old”

“Over the years I always thought that maybe if I didn’t move Michael from Ireland back to America, back to Las Vegas, that maybe Michael would be alive today,” says entertainment power broker Jack Wishna, president of Rockrena, Inc.  http://www.ktnv.com/news/local/133419218.html

It would be wrong to assume that Jack Wishna was speaking only of Conrad Murray. No, he referred to all those who came into Michael’s life also in 2008 – Tohme, Barrack and AEG Live. They “whooed” Michael into their deal and it was due to that that Wishna had to withdraw.

Wishna was very apprehensive of the upcoming concerts and shared some of his concerns with the media. A thing or two of his very cautious statements leaked into the press after Michael’s death. I’m very grateful to Wishna that upon realizing that Michael was not fit for a series of concerts he thought of other projects which did not involve Michael’s direct participation (the Cirque du Soleil project and others).

This way he did exactly the opposite to what was done by AEG. They also saw Michael unfit for the shows but decided to make use of it instead of helping Michael. So when you read Tohme (in Sullivan’s book) and he throws there Jack Wishna into a pile of some “parasites” please don’t believe them – Wishna was a very decent man.

And Wishna was clearly resentful of what AEG was doing to Michael. If  he had lived to be a witness at the current trial he would have spoken up in support of Katherine Jackson against AEG. Unfortunately Jackson Wishna committed suicide – he was found in his car in his garage intoxicated by carbon monoxide as the autopsy determined.

But if he were alive he would repeat to the jury the following words and would probably tell them much more:

 ”It’s Going to Be a Disaster”: Associate Says Jackson Was Too Weak for Major Comeback

by Whitney English and Natalie FinnFri., Jul. 10, 2009 8:16 PM PDT

One of the dreamers who tried to reboot Michael Jackson’s career says the late King of Pop wasn’t fit enough to hit the stage for the “greatest comeback show ever” two years ago, let alone this summer.

“It would have happened had I assessed that Michael was capable mentally, emotionally, vocally to do it. At the end of it, we decided no, he wasn’t,” Jack Wishna, president of consultancy CPAmerica and the orchestrator of Jackson’s return to the U.S. after a year spent living abroad, exclusively tells E! News.

The idea that they danced around from mid-2006 to mid-2007, and again earlier this year, was to have Jackson in residence at a Las Vegas hotel, where he’d star in a concert spectacular called Michael Jackson Presents that would also feature guest appearances by the latest R&B hitmakers.

…But though concert promoter AEG Live said that Jackson passed a physical with flying colors earlier this year, Wishna maintains that the 50-year-old artist had been in a “weakened state” and wasn’t able to do three shows a month in 2007, much less maintain a more rigorous schedule now.

“He would get hurt if he had to do a regimen of performances,” Wishna said. “You really have to be fit to go up on stage to do that.”

So, earlier this year, he and Jackson instead discussed creating a show in the guise of LOVE, Cirque du Soleil’s ode to the Beatles, that the King of Pop would not actually be in.

But then, Wishna said, he found out Jackson had hooked up with AEG for his London engagement.

“He said it should be fine,” Wishna recalled. “In my heart I knew he didn’t get better from the time I was with him. He was thin and weak. It’s going to be a disaster. I would never put him into a show that way. I don’t know who the doctor is that certified him for it. I didn’t think [Jackson] was capable of doing it.”

…”Michael has a lot of people around him that cut deals and sometimes Michael doesn’t even know what those deals are,” he added. “So many people have been around him. At every turn it’s like he’s his worst enemy because of the people that are around him.”

Full story: http://uk.eonline.com/news/133691/it-s-going-to-be-a-disaster-associate-says-jackson-was-too-weak-for-major-comeback

As Jack Wishna will no longer be able to testify let us remember his last words as his evidence in the case of Katherine Jackson against AEG:

  • “Michael would get hurt if he had to do a regimen of performances,” (this is a reference to  50 shows and their impossible regimen)
  • “I would never put him into a show that way” (his opinion of AEG – only they were capable of a ruthless thing like that)
  • “Michael has a lot of people around him that cut deals and sometimes Michael doesn’t even know what those deals are,”  (this may be true for all the three of them – due to Tohme Michael did not know his deal either with Tom Barrack or AEG Live).

I wish Jack Wishna could testify at this trial. His voice would have been a strong one.

ANOTHER WITNESS

Another person who can tell us a lot about Michael and the way he was treated by AEG Live is Karen Faye. Reading her messages (in muzikfactory blog here) I am amazed to see how much of what Karen Faye said then is fitting into our own understanding of the situation now.

Now we know that it was a must for Michael to have enough rest between the shows as he had grave sleeping issues which aggravated during the concerts. He would not sleep for a day or two after the show and there is no way AEG could not know about it when they were setting the schedule. Karen Faye says:

  • Yes… he had sleeping issues for a long time. He had a difficult and complicated life. His sleeping issues were even worse during performing live concerts. His adrenaline would surge through his body during the performance. Sometimes it would take a day or two for him to fall asleep after the performance.

Like all the rest of them Karen Faye was hired in May only, though some preliminary discussion took place in March. Then they seemed to ignore her for weeks, so what she says about the dancers starting in April may not be necessarily true. Like many others she may simply not know and may be repeating the AEG official version. She joined them in May  so what was happening in April must have been told to her by Kenny Ortega or Randy Phillips. The dancers could be saying the same too – all of them had confidentiality agreements and were obliged to follow AEG’s orders.

And they are talking of some confidentiality agreements signed for MJ? They have not seen the AEG concentration camp security!

Like all the rest of them she is thinking the worst of Michael in terms of drugs. “She began to see the signs of drugs” though how long had she not associated with Michael before that ? Twelve years or more? So how could she really know? Her talk about drugs is a mere guess:

  • My first call from Michael was on March 15th. M.Bush’s first contract was April 11th. I was not put on staff until May 14th. I feel like I was being ignored for weeks. There were many meetings with other staff. Dancers, musicians and back up singers began at Center Stagin in April. Michael began to rehearse and work out at home in April. When Michael was younger and working, this would have been enough time for him. Michael did not get on stage and start working with his performers until mid June. Michael seems reluctant to begin. I began to see warning signs of drugs and continued weight loss. The rehearsals on the 23 and 24 were the most productive up to that point.

Michael invited Kenny Ortega to do the show. Karen is telling us news that it was Ortega who was responsible for the great damage caused to Michael’s back during the concert in Munich. At least Michael held Ortega responsible for the fall of the bridge there. Ortega left the scene not to confront the tragedy and didn’t apologize for the drop which was evidently the result of his negligence. Michael regularly spoke about it hoping that Ortega would apologize to him one day and when Ortega finally did sometime in 2009 it was one of the first things Michael told Karen about.

So Ortega is no angel but has an advantage over AEG as he is human and not a machine like them:

  • I was in shock as I saw the bridge in free fall with Michael on it. I was just outside his quick change room. I ran screaming towards the stage and security grabbed me and held me back as the bridge disappeared down past the edge of the front of the stage, I saw the horror on the other performers, but the music kept going. The audience was still transfixed. I saw one arm… then a leg, then his body climb back on stage… he finished the song. He made it back to the dressing room. His heart was beating, he seemed in a trance. We need to get you to the hospital, I said. “NO, I can’t, I can’t”… he ran back out and finished the show. When he returned to the dressing room after the last note.. he collapsed. Security picked him and up and got him to the hospital. I couldn’t sleep that night I couldn’t get any response to how he was. The next day, he called me from the hospital. I asked “why didn’t you stop?” he replied, “Turkle, I couldn’t… all I could hear was my father’s voice… DON’T DISAPPOINT THE AUDIENCE”.
  • Actually, Michael held Kenny Ortega responsible and Kenny left the Munich very quickly without confronting the tragedy. Michael told me Kenny finally apologized when Michael asked him to help him with the O2 shows. This was always something Michael would bring up on a regular basis… ‘you know Turkle, Kenny has never mentioned or apologized for dropping me”. And when I came back to work with Michael again this year, one of the first things he said to me was “Kenny finally apologized.”

Kenny Ortega was to do the show in London and then leave the production. After that Michael would perfect the show and fine tune it, fixing the choreography. To us it means that the promoters needed even more time than we initially thought: 

  • Michael asked Kenny to do this. Michael didn’t like his choreographic style (thought it was too “VEGAS”) but Kenny has great skill in bringing people and productions together. Michael said he could always change, and fix the choreography. Michael usually would fine tune the shows after Kenny left the production. Kenny would stay a week or so, and leave and go on to his next project. Then Michael would streamline the show.
  • The show would be in place before Kenny would leave, of course. Michael didn’t need to “assume” anything … he would just perfect things.

The only big difference from the way I see the situation is that Karen, like Jack Wishna earlier in 2007, says that Michael’s condition was too frail. I explain it by the fact that she started seeing Michael only in April 2009 and this was already the time when things were growing worse with each new day. I am more than sure that the process started with the shock Michael experienced in March over setting the dates and this became the reason for his incessant and never-ending worry.

  • Yes. It was difficult to find the “old Michael” after I reunited with him in April 2009. I only saw glimmers. That is what kept me believing there was a chance he could do these shows. I believed once he felt the stage and his fans cheering him … we would get Michael back. It was my prayer.

Like everyone else – Kenny Ortega, Frank Dileo and the family – she also assumed that he “began taking drugs”. It was nothing different from the media reports of the time, and it seems that only AEG were not (officially) noticing that something was indeed wrong:   

  • The week before Michael’s death, the crew was starting to ask questions.. about Michael not showing up and not rehearsing as he should be, not taking off his sun glasses. The excuses WE gave was “he was tired”… only half the truth. I personally could not tell strangers (dancers) that I thought he started taking drugs.. that I was worried sick about his weight. I told Kenny and Frank Dileo. I was hoping he would improve in the next two weeks before we left for London, and then the week and a half in London before the first show. I thought we had time to get on track. He showed marked improvement the 23 and 24th. We had hope. Then he died.

Karen Faye -Murray told us to give MJ tough loveThe next message from Karen Faye is amazing. It says that Doctor Murray told them to give Michael “tough love”. Whose words can Murray be repeating here and is it possible to assume that he could say so callous a thing about his employer? And after that people are doubting that Murray was actually working for AEG and not for Michael? And is it typical of a doctor to talk about his patient that way at all?

No, all I can think of in this connection is that Murray was fulfilling another of those requests from his AEG bosses.

Since this message comes before the rehearsal when Kenny Ortega massaged Michael’s feet and eventually sent him home (on June 19th), it means that Murray told everyone to play tough love on Jackson even before that rehearsal.  This is why Ortega referred to “tough love” in his email to Randy Phillips that night and “bringing the doctor in the fold”. At Murray’s trial Phillips put a blank expression on his face and said he heard about it for the first time.

Karen Faye wrote about it:

  • Kenny told me that Doctor Murray told us to give Michael “tough love”.
  • While Kenny was cutting his chicken and massaging his feet, I was infuriated that I was getting so many mixed messages. In my opinion, this was not a healthy situation.

Everything Karen Faye is describing in her messaged testifies to the fact that Michael’s nerves were terribly on edge. He was angry and upset with his partners for their treatment of him as if they were his masters – though they did not have a single right to talk or behave to him like that .

They were not facing any risk and all their worry was sheer pretense. However the pressure on Michael was real and demanded some medication. The propofol or whatever Murray was feeding him was having a terrible physical effect and was making things only worse. Karen did not know a thing about what was happening, but assumed that “Michael was taking drugs” – though these drugs were given to him by the very doctor who told them to play tough love on Jackson.

Well, Murray was not in her employment, so how could she know? However if we only imagine for a moment a hypothetical situation that Michael was, you will  immediately realize that for the one who manages the doctor it is simply impossible not to know. The very least AEG could have done was just pay attention to the state Michael was in, but they never did:

I was begging for a physiologist [psychologist], because of Michael’s state of mind was not right. He could not sleep, he was angry (for not having any control), he was showing signs of taking drugs, OCD [obsessive-compulsive disorder] and his body was always ice cold, and loosing weight rapidly. It was a matter of six days from the time I was sending emails, sounding the alert and when Michael was dead. Four of the six days, he was not at rehearsals, and I hadn’t seen him.

AEG preferred not to notice or react though Karen was writing them emails:

..”It is very clear to me by the responses here that people who do not “really” know Michael, think he looks fine. Maybe to corporate businessmen who weren’t sensitive to Michael, never even bothered to notice his condition. BUT, I wrote the emails and had discussions (not with Randy Phillips, because he wasn’t available to me. He just recently told me, he was ‘shown’ my emails, and was aware of my concerns, before Michael died) with others who were responsible for Michael and the O2 shows”

This is it movie was made by AEG to absolve themselves of the guilt and create an idyllic picture of the events. Frankly, they did not manage to do it anyway as all the disturbing signs of distress are still there. Though we are happy to see Michael on stage in the final moments of his life, the movie is still a very painful document of lies, mistreatment and Michael’s suffering visible even to the naked eye (remember the episode of his complaining about a fist in his ear and Ortega’s rude answer to him – something like “you’ll have to”). At the time of Karen’s message there was no wrongful death lawsuit filed yet:

  • If there was evidence of abuse, they would be liable for a wrongful death lawsuit. In my opinion, that is what this movie is really about … to absolve the guilty. The ones speaking the loudest and most about Michael being healthy are the guilty ones.

Karen confirms our understanding that all this talk about the rehearsal footage being for Michael’s home is sheer crap. Michael never gave permission for that footage and was probably even suspicious why they were shooting him with two high-definition cameras. But his opinion wasn’t  respected and he had no power to object. Imagine how Michael must have been humiliated by all that neglect for his wishes:

  • Camera crew was hired by AEG. Michael asked Michael Bush where they came from. All other projects that Michael ever did, the camera crews were hired and payed by MJJ Productions. Michael did not have the control over ‘This Is It’ like he did with other projects. He did not have the money to do it himself and he didn’t have the power to object.

It seems that their recording the footage was no small matter for Michael. From Michael’s questions we see that he was worried about it and hurt him because they were again doing it without his approval. This was how their cooperation started (when they set those 50 shows without asking him) and this is how it was going on with it – it was the same non-stop humiliation at every stage of it:

  • MB told me that MJ asked him who gave the permission to film the rehearsals. I believe MB answered that AEG was doing it. Usually, Michael has his own documentary crew shooting. This way Michael owns it and can edit and show what he wants the world to see. He often released his footage for “the making of” projects, behind the scene footage but he was in complete control of the footage. I thought that the crew that was shooting rehearsals was doing it FOR Michael when I saw them. It wasn’t till Michael was gone, MB [Michael Bush] told me, the film crew was AEG, and MJ didn’t approve of it.

It is painful to read how angry and upset Michael was about the way he was treated by AEG – they looked at him as if he was nobody, though the whole success of the tour depended on him and him alone:

  • It only further shows me that Michael had very little control of the situation… which why he was so angry in the last days… He kept saying “Why can’t I choose?”

Karen is the second person (the first was Frank Dileo) who says that the fateful “contract” with which everything started was read to Michael and not studied by him. Besides the fact that understanding it by the ear is impossible even in principle, this also makes me sure that they read out to him a preliminary version only. Without reading the final version he would not have signed it – no one would:

  • AEG was even paying his rent, food and children’s schooling. All the expenses would have been reimbursed out of Michael’s share of the concerts. He signed a contract that was admittedly READ to him.

Karen says AEG showed little concern for Michael and used him as a commodity. Indeed, it manifested itself already in January, when they included all those highway robbery terms into their contract, and was repeated again in March when Randy Phillips and Tohme sold the shows.

And of course he was a commodity to them.This type of a schedule is not created for human beings to fulfill them. This type of a schedule is for machines only (“They treat me like I’m a machine”) or for those whom you do NOT want to succeed. Everything they had heard about Michael’s health before must have told them that they should not even bother about the actual concerts. And Karen says they knew or thought that he was unable to do the shows.

What Karen Faye does not know, however,  is that had it not been for that fraud and the stress of it Michael would have made those concerts. I am absolutely positive of it:

  • ..The movie is not the entire truth… Please know there was a very dark side. A side that showed little concern for Michael the person. It was about Michael the commodity. He was trapped by circumstances, to do this shows, a show he was mentally, and physically unable to do… and they knew it.
  • I don’t want you not see the movie. Everyone was robbed of Michael from ever creating again. These are his final days… but they do not tell the entire story. There is a very dark truth that you are not seeing. The head of AEG said it in his own words… this will clear us of any wrong doing. Why would anyone say that …. If no wrong doing ever occurred?

And the next message shows that Karen knows what kind of people she is dealing with. This places all those strange suicides of Jack Wishna, Peter Lopez and Frank Dileo’s coma and death (following an accidental overdose of anesthetic) just into the right context which is now almost impossible to overlook: 

  • If something happens to me… it will not be an accident.
  • Look at all these liars… these vultures. It is getting harder and harder to get the truth out there. I am only one small girl. They have the money and power to CRUSH the truth.

After Michael’ s death these people did their best for no one to ever know the truth about their everyday bullying of Michael. They tied everyone with confidentiality clauses which prevent people from using the right to free speech, tell the truth and stand up for it. Instead they coerced people into telling lies. AEG calls it  “business” while the right word for it would be an oath of silence taken by some criminals so that no one ever knows of their common crime. 

  • I have some Legal issues. Randy Phillips is getting very angry with me and is emailing me I must stop. I need to remain on a “private” page”. I have a confidentiality clause in my AEG contract. 
  • No… not closing. I guess the truth is making him nervous. He (Phillips) says my comments are “defamatory, damaging, and not factual”.
  • I have been asked to stop posting some of my opinions here by Randy Phillips. I have a confidentiality contract with AEG. I am being accused by Randy Phillips of creating this site. They are asking me to remove it from my FB pages.
  • They have been addressing me with emails, their lawyers and Frank Dileo.
  • I am not removing this page. Nor am I going to remove anyone’s opinion about INI. Everyone is entitled to their point of view and opinion.

In fact Karen Faye did have to remove the page. As I  said now all her messages are quoted by the muzikfactory blog.

I hope she will repeat all this and much more when she testifies at the trial.  And we will probably even hear it  - of course if the media is so kind as to report it corectly, please.

Suppositions like Karen Faye’s (drugs, etc.) are probably the ugliest of the facts you will hear from AEG’s lawyers during the current trial. Now that you have heard them are you still afraid that anyone will know ?

Or would you like to make AEG answer for turning Michael Jackson’s last months and days into a complete nightmare? If they had not squeezed him and his life like others squeeze a lemon into their tea before sending it into a garbage bin he would be alive now.

All they had to do was to keep their promise and arrange 10 shows only, set for him at a comfortable pace of two shows or even one show a week, sell tickets at a level worthy of Michael’s name at a market price which in terms of money would have brought  the same (official) revenue for 50 concerts, and arrange for those who can’t afford it a chance to see the concerts live on the Internet on a pay-per-view basis. And if these conditions were fulfilled Michael would be perfectly alive now. Moreover once he had had a taste for it he would have even agreed to more concerts, in other cities of the world following the same comfortable pattern. He would have made much money, the show would have turned into a great movie, the debts would have been paid and life in general would have taken a totally different course.

And I am more than sure that he would have made it it. I am also sure that they (AEG Live) could also have made it happen if they had really wanted to. The only thing they needed to do was give a little damn for a human being like Michael Jackson.

WHAT TO EXPECT NOW

AEG's lawyer, Marvin Put

AEG’s lawyer, Marvin Putnam

AEG’s lawyer Marvin Putnam constantly repeats that Michael was a grown-up man and had to take responsibility for his decisions.

This we heard a hundred times already, so I suggest Mr. Putnam explains to us instead why the sharks going after trusting people like Michael always demand that he should answer for whatever was done to them, while the sharks themselves are totally unwilling to take responsibility for any of their actions?

It is simply not clear why those who were deceived and betrayed are responsible for their actions, and why those who betray and deceive are not.

Considering Mr. Putnam’s one-sided manner of thinking it is no wonder that AEG hired this particular lawyer for this particular case. However there was one more reason for it – the primary focus of Marvin Putnam’s legal practice turns out to be nothing but the “media in defense of their First Amendment rights,” according to his own official biography:

“Marvin Putnam is the lead lawyer for AEG Live, defending against the wrongful death suit. The primary focus of his legal practice is “media in defense of their FirstAmendment rights,” according to his official biography”. http://edition.cnn.com/2013/04/29/showbiz/jackson-death-trial-opens/

And since the First Amendment is all about freedom of expression Putnam’s official motto should be read as follows:

  • “Media in defense of their right to express themselves”.

This makes it clearer why the media is holding its breath in wait for the ugly facts promised by Mr. Putnam. These facts will enable the media to express its beautiful self, after which Mr. Putnam as their attorney will defend them in their right to tell the lies and dirt about Jackson.

Isn’t it a marvelous match for all the three of them – the press, AEG and their lawyer?

But even despite so much love and understanding between all the parties I am still not ready to be intimidated by the ‘ugly facts” they are doing to tell us about Michael Jackson. By now we know Michael too well not to be afraid of any of their facts about him – as long as they are true of course.

However it is exactly their ability to tell the truth which I question very much indeed now. The unfortunate experience with those photos has taught me to look with grave mistrust at everything they will be saying and doing now.

Well, has it changed anything for me personally?

No, it hasn’t.

Will it make me retract my support for Katherine Jackson and go over to the AEG side?

No, absolutely not.

If they don’t tell the truth we will.


Filed under: AEG THE HORRIBLE, Jacksons vs. AEG, The SOCIETY Tagged: AEG, Brian Panish, Katherine Jackson, Martinez, Marvin Putnam, Michael Jackson, Murray

What does the AEG trial have to do with Wade Robson and Blanca Francia?

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On May 8 a phenomenal thing happened at the AEG trial. Alif Sankey, the co-producer of the This is it show was giving her testimony and one of her statements came as an answer to the shock of Wade Robson’s accusations which were raging all over the tabloid press the same day. 

She mentioned Michael saying that he heard God speaking to him and those words were so disturbing and were evidently said in such a way that she and Kenny Ortega cried after hearing that: 

Michael Jackson: ‘God keeps talking to me’
By Alan Duke CNN
May 08 2013

… Michael Jackson told his tour director days before he died he was hearing God’s voice, a producer testified Wednesday.
“God keeps talking to me,”Jackson said.
Those words spoken to Kenny Ortega and Jackson’s frail appearance were so disturbing that it caused Ortega and associate producer Alif Sankey to burst into tears at a rehearsal.
Sankey testified that she and Ortega cried together after Jackson left. On her way home, Sankey stopped her car to call Ortega “because I had a very strong feeling that Michael was dying.”

http://www.clickondetroit.com/entertainment/Michael-Jackson-God-keeps-talking-to-me/-/1718940/20068188/-/view/print/-/aqarjl/-/index.html

In fact Michael said that he could not understand why God was talking to him, so his words were devoid of any exaltation or elation on his part:

Jackson believed God was talking to him, producer testifies

May 8, 2013, 

Michael Jackson’s behavior and gaunt figure were so troublesome to a producer that she told the director of the “This Is It” concert series that she believed the singer was dying and should be immediately taken to a hospital.

Alif Sankey also testified Wednesday that the director for the concerts told her Jackson believed God was talking with him.

Sankey recalled that on her way home from rehearsal one night, she pulled her car over and called Kenny Ortega, who was directing what was to be Jackson’s comeback tour. It was only days before Jackson’s first concert was to take place.

 “I said, ‘He needs to be put in the hospital now,’ ” Sankey said. “He kept listening to me because I kept going. I kept saying, ‘Michael’s dying, he’s dying.’”

Sankey, who was emotional and paused during her testimony, said she begged Ortega to do something.

“Please, please. I kept saying that. I asked him, ‘Why is no one seeing what I’m seeing?’ ”

Sankey testified that the previous night, Jackson had been at rehearsal for a costume fitting but was sent home because he “was not looking good or feeling good.”

Afterward, Sankey said that Ortega was worried about Jackson, who mentioned God was speaking to him. Both became emotional after discussing their concern for Jackson.

“[Michael] didn’t understand why God was speaking to him. We were both crying. We were crying because he seemed — he was not speaking normally to Kenny.”

A few Jackson fans in the courtroom sniffled throughout Sankey’s testimony.

The civil suit was filed by Jackson’s family who allege that concert promoter AEG was responsible for hiring and controlling Dr. Conrad Murray, who administered the fatal dose of propofol to Jackson in 2009.

Sankey said after being copied on an email from an AEG executive about Murray that she had believed the doctor was paid by AEG.

http://www.latimes.com/local/lanow/la-me-ln-jackson-god-20130508,0,5711980.story

So Michael said he didn’t understand why God was speaking to him…….

At that moment of immense trouble over Wade Robson’s sudden claims this news from the AEG trial immediately set my mind at peace. Who else but Him could arrange things in such a miraculous way that exactly at the time when so much dirt was streaming from every tabloid we suddenly heard a word from a producer about God speaking to Michael and him being incredulous that he was hearing him? 

With so much craziness around Robson now  it is like hearing a calm and peaceful voice which says to all of us – stay quiet. They are doing their best to distract attention from themselves. They want you to get stuck in all this dirt while the real truth is here, at this trial which will be neglected if you stray and don’t pay attention. This is actually the sole purpose of it all and what they want most.

They have thrown a huge stink bomb into the crowd and are making us terribly busy with it. I myself spent full several days looking through the dirty news and rereading all those testimonies, and I am really sorry that I lost so much valuable time and now have to catch up with the news from the trial.

However since Wade Robson’s and Blanca Francia’s testimonies were re-examined I still need to turn them into a post just to remind you of what Robson and Francia said in 2005 adding a couple of my thoughts on the way. 

But this will be it. The AEG trial is going on and it is the main thing we need to focus our attention on without any further distraction. It is there that the truth is being told and since they so terribly don’t want us to hear it, it is all the more reason to go there and listen to it. 

WADE ROBSON’S CLAIMS

I am not sure that I like the expression on his face

For some reason I never liked the expression of his face

Wade Robson’s “molestation” story came as a big shock but on the other hand there was also a feeling that something of the kind could be on the way.

Since the AEG trial started they have already thrown the first few heavy stones into Michael Jackson, and even warned us that the trial would be about “ugly stuff”, so we could expect much dirt and and it was only the extent to which they were ready to go that we didn’t know of.

Now we realize that they can go really far. What was done to Wade Robson and how much money already exchanged hands we can only guess at but by the way his story is developing it looks like Robson is indeed …hmm….doing a big favor to the party opposing the Jacksons family.

The timing is telling it all. Wade Robson waited for full eight years after he testified at the 2005 trial and suddenly broke his claim for money to the Estate when all time limits for making any claims had already expired and did it just a couple of days after the first testimonies in court (the first witnesses in the AEG case testified on April 29 and Robson’s lawyers filed their claim on May 1).

To say that it is suspicious is to say nothing at all – the timing is blatantly clear and transparent. The idea of it was to make a preemtory nuclear attack against those who had the gall to raise their feeble voices against a powerful corporation, ask them questions and make them answer some of these questions in court.

The lawyers for the Estate as well as Thomas Mesereau, Michael’s attorney at the 2005 trial, had the following to say about Wade Robson’s “case”:

Wade Robson SLAMMED By Michael Jackson Attorneys Over Molestation Claims

by Free Britney at May 8, 2013 9:35 am.  Updated at May 8, 2013 9:38 am.

Wade Robson is blatantly lying in claiming Michael Jackson molested him as a child, according to past and present attorneys for the late King of Pop.

Robson, a 30-year-old choreographer, knew Jackson well as a young boy, and says in a just-filed legal claim that the King of Pop sexually abused him.

In response, Howard Weitzman, the attorney for Jackson’s estate, hit back hard, telling TMZ that “Mr. Robson’s claim is outrageous and pathetic.”

“This is a young man who has testified at least twice under oath and said in numerous interviews that Michael never did anything inappropriate to him or with him.”

Wade Robson did in fact testify in Jackson’s 2005 molestation trial that Michael did not abuse him. The singer was famously acquitted of all charges.

“Only now, nearly four years after Michael has passed away, this sad and less than credible claim has been made,” Weitzman added, incredulously.

“We are confident that the court will see this for what it is.”

Wade is asking a judge for the green light to seek compensation from Jackson’s estate, even though the time frame for filing such grievances has expired.

Sources say Robson is claiming he suffered from “repressed memory” and that’s why he didn’t file his creditor’s claim against the estate on time.

Tom Mesereau, the attorney who successfully defended MJ in the 2005 trial, also criticized Robson, saying such a belated claim “must be just about money.”

Mesereau says Robson was strong and unwavering in his testimony that Jackson never touched him, and never cracked during intense cross-examination.

Robson admitted he slept in Michael’s bed as a child, when he was a frequent Neverland Ranch guest from age 7-14. However, he defended the singer.

Michael was affectionate and would often kiss him on the cheek, Wade said, but never touched him in a sexual manner or behaved suggestively.

In fact, while Robson was on the stand describing this, he passionately told the court more than once, “I’m telling you that nothing ever happened.”

Mesereau reiterated, “Michael never touched Robson inappropriately in any way” and scoffed at the notion that he suffers from any repressed memory.

http://www.thehollywoodgossip.com/2013/05/wade-robson-slammed-by-michael-jackson-attorneys-over-child-mole/

In fact Thomas Mesereau used even some stronger expressions:

MJ MOLESTATION LAWYER
AEG Might Be Behind
New Molestation Claims

Thomas Mesereau calls TMZ

“AEG might be behind new molestation claims” Thomas Mesereau calls TMZ

Tom called in to “TMZ Live” moments ago, claiming the timing of Wade’s accusations is extremely suspicious — considering the legal battle currently raging between Katherine and AEG … the concert promoters behind MJ’s 2009 “This Is It Tour.”

Katherine and Michael’s children are suing AEG, claiming the company is responsible for MJ’s death by negligently hiring Conrad Murray to care for the singer … and potentially BILLIONS of dollars are at stake.

Mesereau insinuates Wade’s accusations are motivated by money … specifically a payoff from AEG, which is currently on a mission to trash Michael’s reputation.

We reached out to AEG for comment — so far no word back.

http://www.tmz.com/2013/05/08/michael-jackson-wade-robson-aeg-tom-mesereau-katherine-jackson/

The AEG lawyers sort of feigned surprise that Robson’s allegations are tied to their case. Indeed what can they have in common?

What I found very interesting is that on the one hand Robson wanted the documents sealed, but on the other hand his lawyer Gradstein suddenly started going about spreading horrendous rumors about Michael. He called him a “monster” and said that every “normal person” knows that this is the case. This is not the way respectable lawyers behave even if they have to speak for their clients. Generally such loud statements require proof and lawyers usually keep themselves within civil limits and even adhere to the principle of “innocent until proven guilty” unless the opposite is proven.  

On Michael Jackson Podcast where Thomas Mesereau gave a 40 minutes long interview to the “Positively Michael” team  http://www.blubrry.com/positivelymichael/1753102/michael-jackson-podcast-by-positivelymichael-tom-mesereau-interview-about-wade-robson-claims/ and said that Robson’s lawyer made a “ridiculous” statement.

No matter how “sure” this lawyer is of his case, I personally will believe nothing but the photographs (if they have them) as after so many years of allegations against Michael Jackson and their research all other “proof” can be taken from the Internet now, up to the most intimate details unfortunately – so no more stories or fake descriptions, please.

In the Positively Michael interview Thomas Mesereau once again emphasized that the time for filing a creditor’s note had expired so the judge may very well refuse Robson to proceed. Mesereau says that the Estate has tremendous evidence to defeat the case and this evidence includes Robson’s depositions in 1994 and his adamant testimony at the 2005 trial, as well as his numerous public statements.

In this article Thomas Mesereau also notes that the case will most probably go nowhere:

The details of the new allegation are sealed by the Los Angeles probate court where Robson’s lawyer filed the claim last week, according to a court document obtained Tuesday by CNN. The deadline has long passed for creditors to file claims against Jackson’s estate, but Robson is asking the probate court to allow him to file a late creditor’s claim. The sealed documents include an affidavit from Dr. David Arrendondo, a San Francisco-based child psychiatrist, the filing said.

“It’s absurd,” Tom Mesereau told CNN Tuesday. “He was one of the strongest witnesses for the defense at Michael Jackson’s criminal trial in 2005. He was adamant under oath that he had never been molested at any time. He withstood very aggressive cross-examination by the prosecutor. He stood his ground and never wavered in saying Michael Jackson had done absolutely nothing improper to him.”

In fact, while Robson was on the stand he passionately told the court:

“I’m telling you that nothing ever happened.”

Mesereau said Robson was strong and unwavering in his testimony – adamant that Michael Jackson never touched him.

Mesereau added that it was “suspicious timing” for the claim to be filed at the start of the trial of the Michael Jackson wrongful death case, in which Jackson’s mother and children are suing concert promoter AEG Live for a lot of money. He thinks such a belated claim “must be just about money”. And Mesereau scoffs at any notion that Robson suffered from repressed memory and is only coming forward now.

Back in 2005 Joy Robson, the mother of Wade Robson, testified when called as a prosecution witness.

“I’ve known Michael for a long time. I’ve spent many hours talking to him about everything. I trust him. I trust him with my children.”

A spokesman for the Jackson estate said the executors may issue a statement later.

Source: MJFC / CNN / TMZ http://www.mjfanclub.net/home/index.php?view=article&catid=85%3Alatest-news&id=5962%3Amesereau-comments-on-robson-changing-his-story&tmpl=component&layout=default&page=&option=com_content&Itemid=82

So the evidence against Robson’s current statements is ample and the claim practically has no chance – but if there is little chance to win the case what is the point of filing any creditor’s claim at all then?

My understanding of it is that winning it is probably absolutely not the purpose of this horrendous campaign. Its main idea from the start of it was most probably to hit and run leaving a long and dirty trail of innuendoes behind it.

The goal is to trash Jackson’s name, guarantee to the public an ugly spectacle for all the time while AEG is on trial, distract people’s attention from the truth being  told there, set the public and the jury against Jackson and – of course – force everyone into thinking that if he was indeed a “child molester” no matter how terribly AEG treated him it only served him right and the corporation actually did us a big favor by ridding the world of this man. The task will be accomplished.

But if this is a big favor done to AEG then it most probably means that some money has already exchanged hands. People seldom go for hopeless projects unless they know that it will repay them in some way, so I will not be surprised  if Robson received or was promised a generous present for keeping attention away from the AEG trial. The word for the phenomenon is bribery and this bribery may be blatant or stealthy – both in the form of money, big money or very big money, or  in the form of lucrative contracts, new interesting projects, promise of a great job and rejuvenating his career.

Think whatever you like of me but if I were in the place of Michael Jackson’s fans I would follow Wade Robson’s spending habits now. His situation prior to the scandal was already known to us – Robson was broke and going through a messy divorce, so if he suddenly buys a yacht we will immediately know when, why and what kind of a wonderful fairy made him the generous present.

In fact the family has already started talking about the “substantial savings” he has though they admit he is not making any money now and there were lots of reports that he failed several jobs:

As for his motivation … Robson family sources tell TMZ … although he’s not making any money, he has “substantial savings.”
http://www.tmz.com/2013/05/09/wade-robson-nervous-breakdown-triggered-molestation-memories-michael-jackson-child-sexual-abuse-lawsuit-choreographer/#ixzz2Snu4v7oK 

Why do I consider Robson’s case a horrendous LIE? Because claiming that he had “repressed memories” for 20 years does not only go against everything we know about science and psychology but it is simply complete crap which may pass solely in some comedy or horror movies. If we resort to Robson’s own lawyer’s terminology no normal person will ever believe that someone can forget of “molestation” while he has been constantly talking about its total absence for the past 20 years. 

“REPRESSED MEMORIES”

If you want to know how this type of “evidence” is obtained by some “therapists” or, to be more exact, is actually implanted into people’s minds, please look up this source:  http://innocencelegalteam.com/criminal-accusations/molestation/false-memory-syndrome-2/#

You will learn that the process goes through several stages and is very much like brainwashing, controlling people’s minds and manipulating them into a zombie-like state.

It isn’t that the repressed memories are totally impossible – no they are, but in absolutely different cases. This may be the case of very small children who didn’t understand what was being done to them by criminal adults (they realize it only when they understand what’s what when they are grown-ups themselves) or it may be the case when children were assaulted and their brain dulled the shock of it by blocking the painful memories and this way helped them to survive. But what Robson is saying is complete crap.

The theory of repressed memories simply cannot apply to someone who constantly volunteered information about Michael’s innocence, gave depositions and testimonies under oath and even underwent the harshest possible cross-examination at the 2005 trial.

Over there Robson actually not only refuted all the accusations but was unwavering, confident, relaxed and even funny when he made a joke when leafing through adult magazines, “I never thought I’d have a room of people watching me do this”. This type of behavior is not typical of the guy “intimidated” into giving evidence in favor of someone or doing it for money for the person he is speaking up for.

If you reread Robson’s testimony at the trial you will indeed be impressed. He was forthright, adamant and insisting and this is indeed the way people speak the truth. This type of manner is also typical of a confident man whose career is flourishing (at the time when Michael’s absolutely wasn’t) and pointing to someone who is actually the master of the situation and absolutely no slave to it.

However later Robson’s fortunes changed, he experienced several setbacks and was reduced to a state when the only job he had was for the Cirque du Soleil Michael Jackson show which I hear he also lost. He spoke about that project in 2011 and looked decidedly different from his previous former self. Though he did mention his 20 years of friendship with Michael this time his words sounded reserved and not quite sincere. 

Does it mean anything bad for MJ? No, absolutely not. All it means is that Robson grew nervous, uncomfortable, began experiencing problems, envying Michael’s fame and money, and already in 2011 was most probably already making plans to extort the Estate for money which he so badly needed.

In short the sight of him speaking about Michael in 2011 is actually a picture of him lying about his true attitude to Michael.

But if this is how he looks when he knows that he is harboring ill intentions towards Michael and is actually lying, it means that back in 2005 when his manner was totally different – confident, adamant and even slightly arrogant or condescending – he was telling the truth and did not have a single doubt of what he was saying.

If he had lied then he would have looked exactly like he is looking now – in this video of July 2011 (see below). The opening of the video shows him nervous and unsure of himself, the end is all about Cirque du Soleil job being his only hope now, and at 2:50 you see his strained looks when he is talking about MJ.

Why strained? Because he already knows what he is going to do quite soon and is already feeling uncomfortable about it, or is probably feeling sort of resentment towards his former mentor (people generally tend to blame others for their own problems in life): 

Thomas Mesereau was right when he said to “Positively Michael” that at the 2005 trial that Robson was telling the truth. Robson’s confident manner at the trial is the best proof of it. Now his confidence is gone but the amnesia version is absolutely no explanation for it. The real reason is that he is broke, unsure of himself, envious of Michael’s posthmous success and is resentful of the fact that Michael’s estate is on a sure road to full recovery while he is not. His personal life also crashed and moments like these are not easy for any of us either.

DOES THE GOOD PAY?

Robson may also be tired of the stigma he had to carry his whole life due to a mere friendship with Michael. Though Michael did him no harm for Robson all this talk about various allegations is still a big sore point. His whole life – same as the life of other Michael’s friends – was indeed ruined by the accusations thrown at Michael and left their ruthless stigma on their careers and ugly scars on their souls.

It was none of Michael’s doing but the damage is still there, only it was inflicted not by Michael, but the media, prosecution and the public. What looked like a fairy-tale when they were children turned into a lifelong horror story with a trail of mockery following them throughout their whole life. No matter where they go everyone points a finger at them – “Here goes another of Michael Jackson’s boys”.

I am sorry but even in the face of the current Robson/MJ tragedy I can’t help sympathizing with Michael’s younger friends. His misfortunes turned into their misfortunes, and despite all the good Michael was teaching them their own personal experience taught them that good and honesty do not pay. It is dishonesty and wickedness which make you rich, successful and carefree. It is lies and foul play which are expected of you and applauded to, leaving you with pockets full of millions and no need to work for the rest of your life as the example of Jordan Chandler shows it.

And the Arvizos’ case is no different. They cooperated with the authorities, told convenient lies and see how well they are taken care of now – the prosecutors whose job is to stand on the guard of law and the media whose job is to keep people informed are absolutely not minding their own business but are taking care of the former accusers as if they were their own children. They support and help them, proudly speak of their success and are the accusers’ best friends though technically these people were proven in court to be liars and con artists and do not deserve even a fraction of the all the attention and support they are receiving now.

Is this justice? 

I am abhorred by what Wade Robson is doing now but am also perfectly aware of why this is happening. He and the others were indeed living under too much strain of all this injustice and I am every much surprised that these boys did not go insane much much earlier. This is what is probably happening to Robson now and in the place of the Estate I would send him to a good sanatorium for several months to recover. However the Estate may disagree and probably think that suing Robson for slander will be more effective. 

Indeed, no matter what hard circumstances people find themselves in they still have a choice between the truth and its opposite. And everything in our life depends on the choices we make. It seems that Wade Robson has made his and now the terrible lie told will forever after determine his fate.

WADE ROBSON’S TESTIMONY AT THE 2005 TRIAL

As Thomas Mesereau said Wade Robson’s testimony was one of the strongest at the trial, and after rereading it I fully agree. Robson refuted every single prosecutor’s attack with the ease and calmness which come only with the truth.  Here are the highlights of Robson’s testimony, so if now he says something different you will know where he is lying:

ZONEN: 18 Q. Mr. Robson, did Michael Jackson ever molest

19 you at any time?

20 A. Absolutely not.

21 Q. Mr. Robson, did Michael Jackson ever touch

22 you in a sexual way?

23 A. Never, no.

24 Q. Mr. Robson, has Mr. Jackson ever

25 inappropriately touched any part of your body at any

26 time?

27 A. No 

He stayed in Michael’s room approximately 15-20 times including times when Michael was not there. When he was they spent their time the way teenagers do it:

3 A. Yeah. We’d watch — same thing. We’d watch

4 movies, we’d play video games, you know, we’d have a

5 pillow fight every now and then. We’d talk. Hang

6 out.

7 Q. How many times do you think you’ve stayed in

8 Mr. Jackson’s room at Neverland?

9 A. Same amount of times as I’ve been there.

10 Well, no, that’s not true, I’m sorry. I’ve been

11 there a bunch of times without Michael, just with

12 other friends and family traveling there. But, I

13 don’t know, maybe 15 to 20.

14 Q. And at no time has any sexual contact ever

15 occurred between you and Mr. Jackson, right?

16 A. Never.

17 Q. Have you ever taken a shower with Mr.

18 Jackson?

19 A. No.

So he NEVER took a shower with Michael Jackson, and let us make a mental note of it. He and his sister went into Jacuzzi with MJ but MJ was wearing swimming shorts. Zonen again raises the shower point but Robson is unperturbed and does not allow him to lead him astray:

3 Q. Do you recall what Mr. Jackson was wearing

4 in the Jacuzzi?

5 A. From my recollection, he was wearing shorts.

6 You know, like swimming shorts. And that was it.

7 Q. Did anything inappropriate ever happen in

8 that Jacuzzi?

9 A. No.

10 Q. Has anything inappropriate ever happened in

11 any shower with you and Mr. Jackson?

12 A. No. Never been in a shower with him.

He says a word about June Chandler which I cannot resist mentioning:

23 THE WITNESS: I remember her, you know,

24 ordering food, that sort of thing, from maids or

25 chefs, or whatever.

26 And, you know, the thing I sort of noticed

27 was she was always sort of — you know, she would

28 sort of act like the place was hers, you know. Sort 9103

1 of order people around a bit.

2 And, you know, I guess I noticed it because

3 my mother, when we went there, she always made it

4 really clear that this was Michael Jackson’s house.

They insinuate that he is telling lies and he firmly says that he is telling the truth:

13 Q. Is everything you’ve said the complete and

14 honest truth?

15 A. Yes.

16 Q. Did Mr. Jackson ever do anything wrong with

17 you?

18 A. No.

His sister slept in the same bed with Michael during the first time they stayed in Neverland:

13 Q. And in fact, you continued to sleep with Mr.

14 Jackson through the balance of that week during your

15 seventh year; is that right?

16 A. Yes.

17 Q. Was your sister there the entire time during

18 that week as well?

19 A. Yes.

20 Q. Was she in that bed with you as well?

21 A. Yes. 

Robson explains why those slumber parties took place at all. When you are small you always want to stay with your best friend:

20 When it was time to go bed, I asked Michael

21 if I could stay with him in his room. And then

22 Michael and I went to — mom was staying in a guest

23 room. We went to her room and I asked her. Michael

24 asked her if that was okay. And she said yes.

2 A. Well, it’s the same way with any child.

3 When you — you know, when you have a best friend or

4 a new friend that you found, you always want to stay

5 in the same room with them.

They danced together but there was never any crotch grabbing:

18 A…. we would mess around and dance

19 a little bit in the studio every now and then, yes.

20 Q. Was there ever an occasion where you were on

21 the dance floor with Mr. Jackson and he was showing

22 you a routine and he grabbed your crotch in a manner

23 similar to how he would grab his own crotch while

24 doing those performances?

25 A. No, that’s not true.

26 Q. You have no recollection of that?

27 A. No.

28 Q. That didn’t happen? 9112

1 A. No.

He gave his first deposition when he was 11 (in 1993), gave it under oath and it was  attended and observed by two prosecutors and one attorney:

11 Q. All right. By age 11, you were asked to

12 give a deposition, were you not?

13 A. Yes.

14 Q. And you actually did give testimony under

15 oath in the presence of two prosecutors from Los

16 Angeles; is that right?

17 A. Yes.

18 Q. There was also an attorney present who

19 represented you; is that correct?

20 A. Yes.

Zonen is pressing Robson “to come clean”, but Robson is brushing off his pressure with easiness, confidence and even slight irony:

16 Q. You’re telling us nothing happened; is that

17 right?

18 A. Yes.

19 Q. All right. What you’re really telling us is

20 nothing happened while you were awake; isn’t that

21 true?

22 A. I’m telling you that nothing ever happened.

23 Q. Mr. Robson, when you were asleep, you

24 wouldn’t have known what had happened, particularly

25 at age seven, would you have?

26 A. I would think something like that would wake

27 me up.

Their days with Jackson were busy as there was a lot to do at Neverland:

4 Q. All right. There was a lot to do at

5 Neverland; is that right?

6 A. Yes.

7 Q. And on some days you were actually working

8 out heavily with the defendant, engaged in dance

9 routines, weren’t you?

10 A. Yeah.

11 Q. And on other occasions you would be playing

12 very actively. There’s just a host of things that a

13 seven-year-old can do and have fun with; is that

14 right?

15 A. Yes.

16 Q. And you can play — all manner of video

17 games that exist anywhere in the world can be found

18 at Neverland; is that right?

19 A. Yeah.

20 Q. And there’s video games, there’s movies,

21 there’s a zoo, there’s all kinds of parks, and the

22 trains. You’re very active during the entire day;

23 is that right?

24 A. Yes.

25 Q. And at night you’d go back to his room and

26 you’d play more video games or you’d watch

27 television; is that right?

28 A. Yes. 9117

1 Q. And there’s movies of any kind that you can

2 see with Mr. Jackson?

3 A. Yes.

Robson did shower in Michael’s suite but did it only by himself:

12 Q. Was there, in fact, a shower at Neverland in

13 the suite, the bedroom suite?

14 A. Yes.

15 Q. But you didn’t use it?

16 A. I used it by myself.

17 Q. Was he in the room while you were using it?

18 A. In the bedroom, not in the shower room,

19 which had its own door.

20 Q. You were seven years old when you started

21 using that shower; is that correct?

22 A. Yes.

Robson did not change the manner of his dress when he met Michael, he always dressed like him:

24 Q. Did you start to dress like him?

25 A. I always did before I met him.

7 Q. Did he ever give you hats similar to the

8 type of hats that he wears?

9 A. Because I would ask for them.

Sometimes there were other kids in his room. They all stayed in one room and slept wherever they were:

11 Q. Now, were there other boys that you knew

12 about who were sleeping with Michael Jackson during

13 that time?

14 A. No, not that I knew of. I mean, the only

15 other time I was around other boys, other kids at

16 the ranch, I think once or twice, and, you know,

17 we’d all stay in the room and we’d kind of fall

18 asleep on couches, beds, cots, wherever they were.

12 Q. And did you spend the night with Jordie?

13 A. Yeah, we all stayed in Michael’s room.

14 Q. You say “we all stayed.” Were there other

15 people there besides Jordie?

16 A. Yeah, Macaulay Culkin was there and his

17 brother Kieran Culkin.

16 Q. Now, did either one of you actually spend

17 the night in Mr. Jackson’s bed with Mr. Jackson?

18 A. No. I think — from I can remember — I can

19 only remember one night in particular, and I

20 remember myself and Kieran Culkin, I think, slept on

21 Michael’s bed, and Michael slept on a cot, or

22 something, on the side of us, and I don’t know,

23 Macaulay fell asleep on a couch or something.

Michael talked about trust, but he talked about trusting people in general (Michael was right in always giving people the benefit of the doubt,  but what does trust do to people in this world of vultures?):

14 A. Yeah, we’d talk about trust in, you know,

15 other people, and that sort of thing.

16 Q. But he encouraged you particularly to trust

17 in him, did he not?

18 A. No, there was no particular emphasis on it 

Michael never touched him, just hugged like everyone else. There were no kisses except on the cheek:

5 Q. Mr. Jackson would periodically kiss you,

6 would he not?

7 A. No.

8 Q. Periodically hug you?

9 A. Yes.

10 Q. Touch you?

11 A. Hug me. That would be –

12 Q. Put his hands through your hair?

13 A. No.

14 Q. Touch you about the head and the face?

15 A. Yeah.

16 Q. Did he ever kiss you on the cheek?

17 A. Yeah.

18 Q. Did he ever kiss you on the lips?

19 A. No.

Michael regarded the Robsons as his family:

12 Q. Were there occasions that Mr. Jackson would

13 summon you to Neverland Ranch?

14 A. Summon me?

15 Q. Yes. Call you up and ask you to come and be

16 there; invite you to Neverland Ranch?

17 A. Invite us, yeah.

3 Did you consider yourself to be part of Mr.

4 Jackson’s family?

5 A. Yeah, I mean, in a friendship sort of way.

6 Because we were that close. It was like family.

Other children:

6 Q. Have you seen Mr. Jackson kiss children at

7 Neverland?

8 A. On the cheek, yes. Or on the head, or on

9 the top of the head, something like that.

10 Q. Ever seen kids kiss Mr. Jackson?

11 A. Yes.

12 Q. Any of that ever look inappropriate to you?

13 A. No.

14 Q. Have you seen lots of children visit

15 Neverland on occasion?

16 A. Yes.

17 Q. And what do you mean?

18 A. I think we were there once when he had one

19 of his gatherings, like a Heal the World Foundation

20 thing where he had a bunch of kids come up there

21 and — you know, and have the day there.

22 Q. And how many kids are you talking about, do

23 you think?

24 A. Probably about 100 or 50. 75 to 100,

25 something like that.

26 Q. Were there adults with those children?

27 A. Yes.

9 Q. Did you see Mr. Jackson do anything

10 inappropriate at any of these locations?

11 A. No.

12 Q. Ever seen Mr. Jackson touch any child in a

13 sexual way at any of these locations?

14 A. Never.

15 Q. Did Mr. Jackson ever touch you

16 inappropriately in any of these locations?

17 A. No.

About books and magazines:

14 Jackson had ten years’ worth of Hustler, Playboy,

15 Penthouse – okay? – magazines, heterosexual-type

16 magazines, and let’s assume that — have you ever

17 seen Mr. Jackson’s library?

18 A. Yes.

19 Q. How many books do you think are in there?

20 A. Thousands.

21 Q. And let’s suppose in the middle of all those

22 books you found, “A Sexual Study of Man, Illustrated

23 With Photographs and Art Prints,” okay?

24 A. Yes.

25 Q. Putting all this together, would being in

26 bed with Mr. Jackson concern you?

27 A. No.

Robson knew that Michael had a sexual interest in women:

3 Mr. Robson, are you concerned about a man

4 possessing these seven books being in bed with a

5 12-year-old boy?

6 A. If it was a man I didn’t know, maybe. But

7 not Michael.

8 Q. Is that because you view Mr. Jackson as

9 being, for the most part, asexual?

10 A. No.

11 Q. Because you believe that he doesn’t really

12 have a sexual interest?

13 A. I believe that he has a sexual interest in

14 women.

23 THE WITNESS: I believe that he has a sexual

24 interest in women.

25 Q. BY MR. ZONEN: In women?

26 A. Yes.

27 Q. These books don’t suggest otherwise?

28 A. Not necessarily.

Among all this crap there were some fun moments too:

20 A. I never thought I’d have a room of people

21 watching me do this.

No sexual material was ever shown to him:

1 When you were a young child, did Michael

2 Jackson ever show you any sexually explicit

3 material?

4 A. No.

5 Q. Did you ever see Michael Jackson show

6 sexually explicit material to any child?

7 A. No.

In fact Robson looked surprised when he saw some magazines which is the best proof that it was the first time he heard and saw that Michael possessed them. He had never shown them anything of the kind:

23 Q. Mr. Robson, when did you first learn that

24 Michael Jackson possessed material of the nature

25 that’s before you right now?

26 A. Right now I did.

4 A. Assuming it does, this is the first I know.

5 Q. All right. And you had never, ever known

6 that Mr. Jackson collected sexually explicit

7 material?

8 A. No.

9 Q. This is something new that you’re learning

10 just today; is that right?

11 A. Yes.

Never, God forbid, was there any child pornography there and nothing suggesting ped-lia:

24 Q. Okay. Have you seen one book that depicts

25 child pornography in that group?

26 A. No.

13 Q. When you were at Neverland, did you ever see

14 anything that suggested pedophilia?

15 A. No.

16 Q. Ever see any magazine or poster that

17 suggested pedophilia?

18 A. Never.

Mesereau sums it up:

11 Q. You actually saw kids sleeping in his room

12 from time to time, correct?

13 A. Yeah. When he was present as well, yeah.

14 Q. And Macaulay Culkin was there as well,

15 correct?

16 A. Yeah.

17 Q. Never saw anything inappropriate happen,

18 right?

19 A. No.

20 Q. Has anything this prosecutor for the

21 government has said to you changed your opinion of

22 Michael Jackson?

23 A. Not at all.

24 Q. Does it change your opinion as to whether or

25 not he ever did anything inappropriate with a child?

26 A. Not at all.

Now you more or less have the idea of Robson’s testimony but it cannot be left alone without comparing it with the testimony of Michael’s maid Blanca Franca. This woman alleged that she saw a shadow in Michael’s shower and  assumed that 1) it was a boy and 2) this boy was Wade Robson.

You’ve seen Robson saying that he had never been in a shower with MJ.

BLANCA FRANCIA’S TESTIMONY

From Mary Fischer’s article “Was Michael Jackson framed?” we learn that the program that changed a lot in Michael’s life was the TV Hard Copy by Diane Dimond where she extracted from Blanca an incredible amount of lies for $20,000. It was probably because of all those lies that Blanca herself never watched the program as she said at the trial. The interview aired on December 15, 1993 which was a month prior to Blanca Francia’s official depositionin January 1994 when she spoke to Michael’s lawyers Johnny Cochran and Howard Weitzman in the presence of Larry Feldman. 

Mary Fischer says:

On December 15, Hard Copy presented “The Bedroom Maid’s Painful Secret.” Blanca Francia told Dimond and other reporters that she had seen a naked Jackson taking showers and Jacuzzi baths with young boys. She also told Dimond that she had witnessed her own son in compromising positions with Jackson — an allegation that the grand juries apparently never found credible.

A copy of Francia’s sworn testimony reveals that Hard Copy paid her $20,000, and had Dimond checked out the woman’s claims, she would have found them to be false. Under deposition by a Jackson attorney, Francia admitted she had never actually see Jackson shower with anyone nor had she seen him naked with boys in his Jacuzzi. They always had their swimming trunks on, she acknowledged.

The coverage, says Michael Levine, a Jackson press representative, “followed a proctologist’s view of the world. Hard Copy was loathsome. The vicious and vile treatment of this man in the media was for selfish reasons. [Even] if you have never bought a Michael Jackson record in your life, you should be very concerned. Society is built on very few pillars. One of them is truth. When you abandon that, it’s a slippery slope.”

Unfortunately we do not have a transcript of the program but we know that it turned into the main source of “classical” lies told about Jackson– by asking leading questions Diana Dimond created the impression that he took baths naked with boys (though they simply bathed in jacuzzi and always in bathing trunks), that Blanca allegedly saw Wade Robson naked in the shower (though all she saw was the silhouette of MJ and assumed there was someone else there), that Blanca had to quit “in disgust” (though she was fired for stealing) and that he rubbed himself against children and this is how Rubba came into being, and many more similar lies.

This is how the story about Rubba looked in the press:

MORE revealing and disturbing was the “special name” he now gave his young friends. To Michael they were all “Rubba”. Why Rubba? From “rubbing boy against his body”, Francia surmised. “He had boys sitting in his lap, rubbing them.” Quindoy reached the same conclusion: “He called them Rubba because he was always rubbing up against them.” http://www.plussizedresses.com.au/plus-size-dresses-articles/1995/1/22/jacko-sad-mad-or-bad/

Let me explain what Rubba means. Roger Friedman talked to the sources and found the way the word was coined in a most innocent way. Actually it did not mean anything :

Jacko Pal: TV’s Webster Coined ‘Rubbaheads’
Monday, May 03, 2004
By Roger Friedman

Yesterday’s news reports about Michael Jackson’s unearthed personal belongings were long on innuendo and short on fact. They’d also been reported earlier in People and The National Enquirer, but that’s another story.

Much has been made of some kind of secret club Jackson may have had called the “Rubbaheads,” which had typed rules and regulations. A note to other Rubbaheads was found in the Jackson family storage bin purchased by a man in New Jersey. There’s an implication that because Jackson called some boys “Rubbas,” it connotes any number of unseemly things.

So I asked one of the boys, now grown, about the alleged Rubbahead Club of 10 years ago, when all this happened. He says when he heard about all this a few weeks ago and again yesterday, he was stymied.

“First of all, there was no Rubbahead Club. Rubba was a name Emmanuel Lewis, who played Webster, came up with,” he explained. “Everyone called everyone Rubba. It didn’t mean anything. What we did have was the Applehead Club, and that was from ‘The Three Stooges.’ Everyone was an Applehead because Michael loved ‘The Three Stooges.’”

This was 10 years ago, when a number of well-known 13-year-old boys were coming and going from Neverland. They included Macaulay Culkin, Wade Robson, Lewis, the young man I spoke with and the young man from the Jackson case 10 years ago.

“It’s nothing sexual,” my source continued. “Michael even called one of the younger kids Baby Rubba. It didn’t mean anything.”

So what about the typed list of rules found in the storage bin? They included requiring members to be “idiots and act crazy at all times”; be vegetarians who fast on Sundays and avoid drugs; watch two episodes of “The Three Stooges” daily; know the Peter Pan story by heart; and when seeing another member, “give the peace sign, and then half of it.”

In fact, insists my source, “there were no rules at Neverland. The whole thing was about not having rules and having a good time. It was all from Peter Pan. There was no club, no initiation, and I never heard of a ‘club kit’ or anything else.”

What’s clear about all this is that, when witnesses are called in the Jackson trial next winter, many things will be left to interpretation. What may seem prurient to the public on first impression may turn out to be completely innocent. It will be up to Jackson’s lawyers to help a jury understand that.

Ironically, there was a serious misinterpretation in yesterday’s reports about the meaning of a poem by Henry Wadsworth Longfellow called “The Children’s Hour.” In the poem, the narrator addresses three little girls, not little boys, which was the impression given in the reports.

I say “ironically” because a play called “The Children’s Hour” by Lillian Hellman, inspired by the poem, was about two female teachers whose lives are ruined because of unfounded gossip that they are secretly lovers.

http://www.foxnews.com/story/0,2933,118795,00.html

Though this is not the subject of the present post let me take the opportunity and say that the real rules of the Applehead club had nothing to do with those cited  by Michael’s haters. They were funny and innocent:

1) “idiots and act crazy at all times”;
2 ) be vegetarians who fast on Sundays
3) avoid drugs;
4) watch two episodes of “The Three Stooges” daily;
5) know the Peter Pan story by heart;
6) when seeing another member, “give the peace sign, and then half of it”

The same six rules were retold by Gutierrez in his book in his own inimitable pedophilia-oriented manner:

1) no to wenches, bitches, heifers or hoes (whores).
2) never give up your “bliss” (sex acts).
3) live with me in Neverland forever.
4) no conditioning.
5) never grow up.
6) be better than best friends forever (lovers)

I had to mention Rubba in much detail because when Blanca Francia took a deposition on January 11, 1994,  which was a month after the Hard Copy interview,  the lawyers from both sides Howard Wietzman, Jonny Cochran and Larry Feldman seemed to use Dimond’s TV program as a road map for their questions. They went over all the main points of it so this alone shows how deeply the program gripped the minds of people and what huge damage it did.

In fact the Hard Copy story is a story of its own. On the right side of this post you will find some clips from the papers of that period quoting the horrendous lies told by Blanca Francia and Diane Dimond for the $20,000 that exchanged hands between them.

These lies survived for the next ten years and at the 2005 trial one of these lies concerning “Rubba” was discussed in full earnest. The result of the discussion was that Rubba, Doo-doo and Appleheads were nothing but nicknames used by Michael for almost everyone in the house. The quote from Francia’s deposition (on the right) will tell you that he called Doo-doo even Francia herself:

An excerpt from Blanca Francia’s deposition published in July/August 1994 issue of the Spy magazine:  Feldman: Did he (Jackson) ever call himself “doo-doo head”? Francia: Yeah. An dhe will tell me sometimes “doo-doo head” too. He’d call you “doo-doo head”? Yeah. How about “apple head”? No, I never hear that. Was it a term – do you know aht, like, a term, an endearment is? Would be affectionaly use that term “doo-doo head,” or would be use it to criticize somebody? I’m trying to get a sense of …

An excerpt from Blanca Francia’s deposition published in July/August 1994 issue of the Spy magazine:
Feldman: Did he (Jackson) ever call himself “doo-doo head”?
Francia: Yeah. An he will tell me sometimes “doo-doo head” too.
He’d call you “doo-doo head”?
Yeah.
How about “apple head”?
No, I never hear that.
Was it a term – do you know what, like, a term, an endearment is? Would be affectionaly use that term “doo-doo head,” or would be use it to criticize somebody?
I’m trying to get a sense of …. (for continuation see the next clip)

13 Q. BY MR. ZONEN: Did you ever hear Mr. Jackson

14 call your son by a name other than Jason, his real

15 name?

16 A. Yes.

17 Q. What name was that?

18 A. “Rubba.”

19 Q. “Rubba,” R-u-b-b-a, do you think?

20 A. I think.

21 Q. Is that what it sounds like?

22 A. Yeah.

23 Q. Did you ever hear him call other kids

24 “Rubba”?

25 A. Yes.

26 Q. Did he call Wade Robeson “Rubba”?

27 A. Yes.

28 Q. Did he call Macaulay Culkin “Rubba”? 5047

1 A. Yeah.

20 Q. BY MR. MESEREAU: Okay. Now, the prosecutor

21 asked you about the nickname “Rubba,” okay?

22 A. Yes.

23 Q. “Rubba” is short for “Rubber Head,” right?

24 A. I don’t know.

25 Q. You never heard that?

26 A. I don’t know.

27 Q. Okay.

28 A. I never hear that before. 5122

1 Q. And Mr. Jackson used to call his cousins,

2 Levon and Elijah, “Rubba,” right?

3 A. He call the kids “Rubba,” yeah.

4 Q. He also called kids “Rubber Head,” or

5 “Rubba,” right?

6 A. Yeah.

7 Q. He’d also use “Apple Head,” right?

...how you would use the term “doo-doo head”. Yeah, like – like he will say, “Oh, I’m hungry and I don’t know what to eat. Maybe some doo-doo”. He will say that and – or he said to me, “This is doo-doo”. Feldman: When you’d see them (Jackson and an unnamed boy) together – forget what you’ve already told us about seeing them in bed in stuff, but when you’d see them together , would you see (the boy) on Michael Jackson’s lap? Francia: No. Would you see them hugging or holding hands? Francia: Holding hands. Were you uncomfortable wth that when you’d see it? Cochran: I don’t think that’s relevant material, but go ahead. Go ahead." [So Michael called even Francia "a doo-doo head" and it didn't really mean anything. Even something to eat could also be "doo-doo"]

…how you would use the term “doo-doo head”.
Yeah, like – like he will say, “Oh, I’m hungry and I don’t know what to eat. Maybe some doo-doo”. He will say that and – or he said to me, “This is doo-doo”.
Feldman: When you’d see them (Jackson and an unnamed boy) together – forget what you’ve already told us about seeing them in bed in stuff, but when you’d see them together , would you see (the boy) on Michael Jackson’s lap?
Francia: No.
Would you see them hugging or holding hands?
Francia: Holding hands.
Were you uncomfortable wth that when you’d see it?
Cochran: I don’t think that’s relevant material, but go ahead. Go ahead.”
[So Michael called even Francia "a doo-doo head" and it didn't really mean anything. Even something to eat could also be "doo-doo"]

8 A. I don’t know.

9 Q. He’d use “Doo-Doo Head,” right?

10 A. Yeah. I think I hear that one time.

11 Q. Okay. But it’s certainly a term that he

12 used quite often, isn’t it?

13 A. “Rubba,” yeah.

14 Q. He used it on lots — he used it for lots of

15 children, including his own cousins, didn’t he?

16 A. Yeah.

As you know now the Hard Copy came a month before the deposition (and actually determined all the questions there this way). We can imagine what harm was done to Michael during that month and even after it – the deposition was not disclosed to anyone while the Hard Copy lies have been living a successful life of their own ever since the public was smitten by them:

28 Q. So the interview with Hard Copy was before 5085

1 the deposition –

2 A. Yes.

I was especially impressed by Blanca Francia saying that Hard Copy was NOT HONEST with her. So Diane Dimond managed to deceive Francia too:  

28 Q. How much money did they represent from Hard 5044

1 Copy — how much money did they represent that they

2 would give you for an interview?

3 A. How much money they gave me?

4 Q. Yes.

5 A. $20,000.

24 Q. In your deposition, you said the people from

25 Hard Copy are not honest, right?

26 A. Yeah.

She says she was upset with Dimond’s questions. She thought she would be asking her about her work, but instead she was asked about “boys”:

ZONEN: 17 Q. Did you know in advance what the questions

18 were going to be?

19 A. No.

20 Q. Were you surprised by what the questions

21 were?

22 A. Yeah. Yes.

23 Q. Did you know it was going to be about

24 Michael Jackson?

25 A. No. I thought it was going to be about me

26 working there.

HERE IS DIANE DIMOND'S STORY reflected in the paper dated December 14, 1994 and spreading the Hard Copy LIES (click to enlarge). According to Francia's own deposition in 1994 she NEVER SAW what they are claiming here. It is also strange that though the TV program would air only on December 15 all papers were already retelling Diane Dimond's lies about Jackson the day prior to that. Looks like a scheme.

HERE IS DIANE DIMOND’S STORY reflected in the paper dated December 14, 1994 and spreading the Hard Copy LIES (click to enlarge).
According to Francia’s own deposition in 1994 she NEVER SAW what they are claiming here. It is also strange that though the TV program would air only on December 15 all papers were already retelling Diane Dimond’s lies about Jackson the day prior to that. Looks like a scheme.

27 Q. All right. That was the part that surprised

28 you?

1 A. Yeah.

2 Q. Were you upset about it?

3 A. Yeah, because then I start to answer, and I

4 felt like I was just there, you know, answering

5 questions that I didn’t know they were going to ask

6 me.

7 Q. Okay. Did it upset you?

8 A. Yeah.

9 Q. Did you tell them you were upset about that?

10 A. No.

11 Q. Were you truthful in your answers?

12 A. Yeah.

We find that Blanca never mentioned either Wade Robson or Macauley Culkin in that Hard Copy interview. She says she spoke only of the children and MJ playing in Jacuzzi and in the bathtub:

THIS IS DIANE DIMOND'S STORY. An excerpt from Milliwaukee Sentinel, December 14, 1993 tells another of their LIES. Blanca Francia had to leave because she was found stealing and she NEVER saw any "naked boys" with MJ. But the fact that she lied for $20,000 paid to her by Hard Copy will be established only in a deposition a month later from this news - in January 1994. There was a gag order on depositions, so even when the truth was out the public still did not know it and kept to Diane Dimond's false version voiced on Hard Copy.

THIS IS DIANE DIMOND’S STORY. An excerpt from Milliwaukee Sentinel, December 14, 1993 tells another of their LIES. Blanca Francia had to leave because she was found stealing and she NEVER saw any “naked boys” with MJ. But the fact that she lied for $20,000 paid to her by Hard Copy will be established only in a deposition a month later from this news – in January 1994. There was a gag order on depositions, so even when the truth was out the public still did not know it and kept to Diane Dimond’s false version voiced on Hard Copy.

13 Q. Mr. Mesereau asked you if it was true that

14 you told Diane Dimond in this interview that you

15 never saw Michael Jackson molest a child; is that

16 correct?

17 A. Yeah.

18 Q. What else did you tell Diane Dimond in the

19 interview?

20 A. I don’t remember.

21 Q. Did you tell Diane Dimond about seeing him

22 sleeping with boys?

23 A. Yeah.

4 Q. Was there any conversation with Diane Dimond

5 regarding the testimony you’ve given today about any

6 of those boys? You testified about Wade Robeson.

7 You testified about Macaulay Culkin. Did you

8 discuss either of those boys with Diane Dimond?

9 A. No, I said — I think the only — that I say

10 that I see him is sleeping with the kids and being

11 in the bathtub with them, playing.

12 Q. And you told Diane Dimond that?

13 A. Yeah, I think I did

14 Q. Now, this is the bathtub or this is the

15 shower?

16 A. I don’t remember if I told her about the

17 shower. But I remember that I told him about the

18 bathtub and the Jacuzzi, I think.

19 Q. I’m sorry?

20 A. I told her about the Jacuzzi and the

21 bathtub, I think.

22 Q. And being there with boys?

23 A. Being with boys. Yeah, that I will clean up

24 their — you know, their toys in the bathtub.

After the interview Blanca called Diana Dimond several times as Dimond had lied to her, but she did not return her calls. Blanca explains that the lie concerned some pictures though it could easily be something different too:

Prescott Courier also repeats Francia's false story. It says that "as a matter of policy, “Hard Copy” producer Cheir Browalce would not disclose how much money Francia was paid for the interview". Indeed it the lie itself and how much was paid for it was established only during Blanca Francia’s deposition. The article also quotes a man who worked as a security guard at Jackson’s ranch for six months in 1989.  He was so outraged by all those lies that he called a news conference in Olympia, Washington and said that Jackson would never abuse children. “This man did nothing but help those children,” Lary Glenn Anderson said, explaining the singer acted like a doting older brother. “He’s shy, he doesn’t undress in front of boys,” Anderson said. Anderson said he turned down money from tabloid newspapers to give a negative account of his time at the ranch. [December 16, 1993]

THIS IS DIANE DIMOND’S STORY repeated by Prescott Courier on December 16, 1993. It says that “as a matter of policy, “Hard Copy” producer Cheir Browalce would not disclose how much money Francia was paid for the interview”. Indeed the lie itself and how much was paid for it was established only during Blanca Francia’s deposition or otherwise we would never know. 
The article also quotes a man who worked as a security guard at Jackson’s ranch for six months in 1989. He was so outraged by all those lies that he called a news conference in Olympia, Washington and said that Jackson would never abuse children.
“This man did nothing but help those children,” Lary Glenn Anderson said, explaining the singer acted like a doting older brother.
“He’s shy, he doesn’t undress in front of boys,” Anderson said.
Anderson said he turned down money from tabloid newspapers to give a negative account of his time at the ranch.

2 Q. Okay. Now, at some point, you called Diane

3 Dimond and she didn’t return your calls, right?

4 A. Yeah.

5 Q. You called her because you thought she had

6 lied, right?

7 A. She had lied?

8 Q. Yes.

9 A. I didn’t like — I thought that — that Hard

10 Copy interview thing was going to be shown on Hard

11 Copy, and then I see my pictures everywhere, and

12 even in The National Enquirer, and that’s what I

13 thought that it was. You know, I didn’t know that

14 they can sell the story to someone else. That’s how

15 I felt.

There were NEVER any naked boys in the jacuzzi. And he never touched anyone inappropriately. And she never saw anything suggestive of inappropriate contacts in Michael’s behavior:

8 Q. You’ve seen him playing in his Jacuzzi,

9 correct?

10 A. Yeah.

11 Q. You’ve never seen him molesting anyone in

12 his Jacuzzi, right?

13 A. No.

14 Q. Let me just make sure that’s phrased

15 properly. You’ve never seen Mr. Jackson improperly

16 touch anyone in his Jacuzzi?

17 A. No.

18 Q. Never saw that, right?

19 A. No.

4 Q. BY MR. MESEREAU: Okay. Okay. Do you

5 remember in your deposition saying you had never

6 seen Mr. Jackson touch anyone improperly?

7 A. Yeah, I –

8 Q. Do you remember saying you never saw him

9 touch anyone?

10 A. Yeah.

11 Q. You did say that, didn’t you?

12 A. Yes.

13 Q. Okay. And in that deposition, you told the

14 truth, right?

15 A. As — as I recall it at that time, yeah.

16 Q. You told the truth at that time, right?

17 A. As I remember it.

18 Q. Yes. And you were under oath, right?

19 A. Yes.

20 Q. Okay. And you said that you had never seen

21 Michael Jackson touch anyone in a sexual way, right?

22 A. Yeah.

23 Q. Okay. And you said at no time while you

24 worked for Michael Jackson did you ever see him have

25 sexual contact with anyone, right?

26 A. When I say “sexual,” I mean sexual.

27 Q. But you did say under oath that you had

28 never saw Mr. Jackson have sexual contact with 5072

1 anyone, right?

2 A. No. No.

And here finally comes the SHOWER POINT. To Zonen the maid says that “they were in the shower” and MJ was there “with little Wade”, and that she saw some underwear on the floor.

However what she says now is totally unimportant – what is important is what she said in her DEPOSITION back in January 1994. And here we find out interesting things. First of all we learn that she saw ONLY ONE SHADOW. To this she adds that she heard two people:

MESEREAU:

23 Q. Okay. Okay. Now, the prosecutor asked you

24 questions about what you said in the deposition

25 about what you could see in the shower, right?

26 A. Yeah.

27 Q. And in the deposition you said under oath

28 that all you could see was a shadow, right? 5123

1 A. Yeah.

2 Q. Was that the truth?

3 A. A shadow, an image, yeah.

4 Q. That’s all you could see –

5 A. Yeah.

6 Q. — in the shower, correct?

7 A. I hear two voices.

8 Q. You heard giggling and laughing, right?

9 A. Yeah.

10 Q. And all you could see was a shadow through

11 the glass?

12 A. The glass, yes.

13 Q. And that’s because the glass was fogged up,

14 right?

15 A. Yeah.

16 Q. Okay. You only saw one person in the

17 shower, right?

18 A. I saw him in the shower and the little kid.

19 Q. But in your deposition you said you could

20 only see one person, but you heard giggling, right?

21 A. Yeah, but I hear two people –

22 Q. You heard two people. You could only see

23 one through the glass, right?

24 A. Mostly, yeah. Mostly.

 Then we learn from her earlier deposition that she actually heard NO ONE ELSE BUT MICHAEL giggling, as the question “Did you hear anything else other than Michael laughing? she gave a “NO” reply.  

Let me remind you that we are talking of the first Francia’s deposition taken in 1994:

25 Q. Do you remember you were asked in your

26 deposition, “Did you hear anything else other than

27 Michael laughing?” And you said, “No”?

28 A. Yeah.

1 Q. Was that the truth?

2 A. Yes.

In her earlier deposition she repeats that SHE SAW NO ONE ELSE BUT JACKSON. Now she thinks different and it is very interesting  to see how her memory improves and becomes clearer ten years later, though with all other people it is always the other way about.

After refreshing her memory she recalls that there was indeed only one person in the shower:

3 Q. Do you remember in the deposition saying you

4 never saw anyone else in the shower but Mr. Jackson?

5 A. I don’t think I say that.

6 Q. Would it refresh your recollection if I show

7 you the transcript?

8 A. Okay.

9 MR. MESEREAU: May I approach, Your Honor?

10 THE COURT: Yes.

11 MR. ZONEN: Page?

12 MR. MESEREAU: 401.

13 Q. Have you had a chance to look at that page

14 of the deposition?

15 A. Yes.

16 Q. Does it refresh your memory about what you

17 said about the shower?

18 A. Yeah.

19 Q. You saw one person, Mr. Jackson, right?

20 A. Yes.

21 Q. Or it looked like him through the glass,

22 right?

23 A. Yes.

However on the matter of laughter she says she heard two voices. Only a minute ago she said that she heard only Jackson’s laugher, and it was fixed in her own deposition of that time, but now – ten years later – her memory is working wonders and is recalling what she could not recall ten years earlier:

24 Q. And the only voice you really heard was Mr.

25 Jackson, correct?

26 A. No.

27 Q. That wasn’t correct?

28 A. I hear two — two. 5125

1 Q. You heard laughter?

2 A. Laughing and –

3 Q. And that was at Neverland, right?

4 A. Yes.

Now it is Zonen’s time to get nervous because now Blanca is no longer sure that she saw two persons, but says she only BELIEVES that there was a second image:

12 Q. At the time that you looked through the

13 glass into the shower, were you able to see a second

14 person in there?

15 A. I want to say yeah, but I don’t — you know,

16 I hear the laughing and the talking and, you know,

17 playing, and I — I didn’t see the actual person,

18 but it was moving, you know, with him.

19 Q. Do you believe that you saw the image of a

20 second person?

21 A. Yeah.

22 Q. But not as clearly as Mr. Jackson?

23 A. Not as clearly, no.

24 Q. Did you hear one voice or two?

25 A. Two.

26 Q. And were you clear about that?

27 A. Yes.

Mesereau reminds her that in the earlier deposition they specifically asked her about Wade Robson and she said that she DID NOT SEE Wade Robson in the shower. The only thing she said was that she BELIEVED that he was there – in other words she THOUGHT it that way.

She thought so because she heard laughter and assumed that they were playing (in that 1994 deposition she also said she heard only Michael’s laughter) :

23 Q. All right. Did they ask you about Wade

24 Robeson?

25 A. Yes.

26 Q. Did they ask you if in fact you had seen

27 them in the shower together?

28 A. Yes.

1 Q. Do you remember the answers that you gave to

2 those questions?

3 A. Kind of.

4 Q. Did you tell one of the attorneys that you

5 did not see Wade Robeson in the shower?

6 A. Yeah, I probably did.

7 Q. All right. Was that accurate?

8 A. Well, at that time I guess I was tired and

9 nervous, I guess.

10 Q. Did you tell them that you believed Wade

11 Robeson was in the shower?

12 A. Yes, I told them that.

26 Q. And you think you saw Mr. Jackson in a

27 shower with Mr. Robeson one time, right?

28 A. Yes.

1 Q. But you said the shower was fogged up and

2 you couldn’t really see, right?

3 A. I saw the figure.

4 Q. You saw the figure. And you heard a lot of

5 laughing, right?

6 A. Yeah.

7 Q. And you thought they were playing, right?

8 A. Yes.

Well, if you thought that the groundbreaking news was still coming, let me disappoint you – this is pretty all there is to it.

So the story of “Wade Robson’s shower” actually boils down to the following – the maid saw the fogged image of ONE person only (MJ) , she heard HIS LAUGHTER ONLY, she did not see the second person but she ASSUMES that this person was there.

Let me note that in the earlier deposition she said that she heard ONLY ONE LAUGHER – that of Michael Jackson, but ten years later she suddenly began to think that she had heard two voices.

The testimony finishes with Zonen asking her to explain where the shower and Jacuzzi are on the pictures.We find that they were right across from each other. As to the shower what we can see is the door frame only:

15 A. That’s the Jacuzzi.

16 Q. I’m sorry?

17 A. The Jacuzzi.

18 Q. First floor?

19 A. In the bathroom.

20 Q. Okay. And can you see where the shower is

21 in that photograph?

22 A. I can just see the — right here, the frame,

23 the door frame.

18 But in this photograph, which is No. 788,

19 can you see both the Jacuzzi and the room that has

20 the shower in it?

21 A. Yes. Right across from each other.

22 And this, I think, is 787. And what is

23 that?

24 A. That’s the shower.

25 Q. All right. Is that the same door that you

26 recall?

27 A. Yes.

28 Q. All right. And that’s the shower that you

1 gave testimony to.

2 And the last one, please. Two more.

3 788. And this is 788. Is that the same

4 bathroom downstairs?

5 A. Yes.

6 Q. All right. Do you have a better view of the

7 room that has the shower?

8 A. Yes.

9 Q. Show us where that is, with the laser.

10 A. Right here.

11 Q. Okay. That’s the toilet that you can see?

12 A. Yes.

13 Q. And on the other side of the toilet is the

14 shower?

15 A. Uh-huh. Right next to it.

16 Q. All right. Can you show us now where you

17 were standing? Can you put the laser on where your

18 feet were at the time you were standing?

19 A. Probably right here. Right here on this

20 corner.

Jacuzzi was to the right of the big bathroom just outside Michael's suite

Jacuzzi was to the right of the big bathroom just outside Michael’s suite. The doors are opening into the garden.

Okay, so after we heard all of it let us look at the pictures too.

The Jacuzzi is at one end of the huge bathroom, with the glass doors opening into to the garden. This is where she said she was going to when she came out of the bedroom proper.

It was “on the way there” to the right that she “peeked” into what was actually on the left of her.

The shower room is to the left of jacuzzi

The shower room was to the left of the Jacuzzi. Sorry for the mess (it was made by the police during the raid of Michael’s home)

And on the left side of this hall we see the mess left by the police after raiding Michael’s house. The mess leads us to the door into the shower and toilet room which is almost wide open here. Behind the door we see the glass door frame of the shower.

To our surprise we notice that even though the door is wide open all we can see is a small fragment of the shower. So even if she stood at the every door this narrow piece of glass would be all she could see – all the rest of the shower is behind the wall to the left of the door and is actually even closed from view by it.

Frankly I doubt that the door was even THAT wide open. Why I doubt it is that in some earlier stories I read that it was half open only, and if it was half open NO shower at all could have been seen.

Another reason why I think her story is extremely contradictory and possibly even fictional is because she says that the glass of it was FOGGED. But it can be fogged only in case the door is closed, or has a very narrow opening. This is sheer physics – fog accumulates only if there is no fresh air coming into the shower as otherwise there is no fog.

If the door is wide open the glass door will remain transparent  - this I’ve checked up in my own bathroom when taking a shower with the door wide open. The mirror in my bathroom did not fog though when the door is closed it usually does (you can make this experiment yourself).

So if the glass was fogged as Blanca says, then the door should have been closed, but if it was closed Francia could not see anything at all.

The alternative to it is that the glass door was not fogged and it means that the door was open, and then she should have seen everyone and everything there very clearly (which she didn’t).

So both variants don’t corroborate Blanca’s story.

In general it would have been very strange for Michael to take a shower with the door wide open. Anyone could enter the bathroom from the bedroom or the garden, so discarding all privacy and even security was not in his character. However I do not rule out that some kids did not indeed open the door and talked to him while he was taking a shower. Anything is possible.

But I really doubt that Francia saw anything at all. What she heard we will never know – it could easily be Michael’s laughter from behind the closed or half-closed door him singing to the music playing and what not. And it was probably after hearing all that that her wild imagination must have painted her some wild pictures.

But wild or not wild the simple thing is that the actual picture she described to the police was hardly possible at all.

*  *  *

SUPPLEMENT

Here is information about the way “repressed memories” are actually implanted into people’s minds. It comes from a legal team which says that this “method” is a latest fad among therapists.  It is putting the blame for things never done on countless of innocent people:

Should the Estate contact the Innocence legal team? Or should it be Chernoff again? Or both?

The information is coming from here: http://innocencelegalteam.com/criminal-accusations/molestation/false-memory-syndrome-2/ . Should the Estate contact the Innocence Legal Team? Or should it be Chernoff again? Or both?

Question: Is there research supporting that an entire memory of molestation can be implanted?  

Repressed memories are the latest fad among therapists?

Their unorthodox methodology is used to revive memories of childhood incest in order to explain away adult problems. Thousands of women who have made allegations of sexual abuse against their parents as a result of recovered memory therapy may have been victims of a dangerous fad. Their memories may have been created through suggestion and invasive therapy techniques. Especially if there is no corroborating evidence of abuse. The results are often devastating to the patient’s family who may not only lose contact with their child, but can be civilly sued and criminally charged for acts that they did not commit.

Starting in the late 1980′s the mental health profession embraced a new miracle cure called “repressed memory therapy”. These less than well trained therapists claim that the majority of American women have been molested as children and that most of them have repressed the memories of these acts.

They believe that it is the molestation and it’s repression that is a key to the emotional and physical ills of these patients. They recommend that when the therapist enables a patient to recover these memories of abuse the patient can then overcome her problems. Advocates of these ideas have written books and articles and speak at self help conferences and actively encourage these questionable and unprofessional techniques for the recovery of childhood memories of sexual abuse.

As a result of this repressed memory therapy thousands of women, women who previously had no memories or suspicions of abuse before, came to believe that they were victims of molestation. The abusers are the patient’s own fathers, mothers, brothers, uncles or other relatives and friends. Almost 20% of these women have also recovered memories of satanic ritual abuse and all of its horrors, baby sacrifices, murder, multi-generational abuse and mutilation.

Some have even reported memories of abuse in past lives and during alien space abductions. This is true!

Writers and therapists who advocate repressed memory therapy cloak themselves in scientific rhetoric and misuse legitimate psychological concerns in order to give their beliefs credibility. Repression, disassociation, post traumatic stress disorder, multiple personality disorder and a pseudo-scientific phenomena called body memories, are all part of the grab bag of terms that they use to convince patients that they show symptoms of abuse even if they have no memory of such acts.

Proponents of repressed memory therapy claim that memory acts like a video camera. It records a persons experience even those in the womb so indelibly that later experience or interpretation cannot change these images. They consider these internal video memories factual and pristine. This is the basis for the movement and any technique used in therapy to gain access to these pictures is seen as justifiable. Advocates ignore the possibility that their techniques not only distort memories, but actually create pseudo-memories as well.

Typically, repressed memory therapy encompasses several stages. In the first stage the therapist employ a list of symptoms that are used as proof that there are repressed memories of childhood sexual abuse.These symptoms number in the hundreds and include headaches, vaginal infections, sleep disturbance, stomach aches, dizziness, eating disorders, fear of eating foods, such as banana or tapioca pudding. Problems in maintaining stable relationships, a pennant for wearing baggy clothes, obesity, depression or low self esteem.

It is a rare individual who hasn’t displayed or experienced of these symptoms during his or her life. Yet proponents of repressed memory movement acknowledge only one cause, repressed memories of childhood sexual abuse.

The next phase of therapy is designed to convince the patient that she was abused whether or not she can remember it. She is told that only by believing in the sexual abuse and recovering the memories of abuse can she heal. Most patients who enter therapy are emotionally vulnerable and so the therapist, in a position of authority and trust, can easily accomplish indoctrination.

Should the client be reluctant to believe in the abuse the therapist explains that she is in denial and can use pop-psychology books like the Courage to Heal, a guide for women survivors of childhood sexual abuse, to support their theories of repressed memories. Authors of this book Ellen Bass and Laura Davis write “if you think you were abused and your life shows the symptoms, then you were and if you don’t remember your abuse, you’re not alone, many don’t have memories, this doesn’t mean they weren’t abused”.

In another such book, Secret Survivors, uncovering incest and its after effects in women, E. Sue Bloom supports Bass and Davis when she states that “incest is easily the greatest single underlying reason why women seek therapy or other treatment.” She goes on to say “many if not most incest survivors do not know that the abuse has even occurred.”

It is important to keep in mind that there is no scientifically proven list of typical symptoms of sexual abuse. Symptoms displayed by actual abuse victims are the kinds of symptoms that also result from other emotional or physical trauma, such as a divorce, moving, illness in the family, accidents, loss of family members, new marriages, even changes of employment. But it seems that the repressed memory folks don’t understand this.

Once the patient is convinced that her problems can be cured by remembering the childhood sexual abuse, the third phase begins. The patient is encouraged to uncover molestation experience by imagination or hypnotic trance. Some repressed memory therapists even use Sodium Penethal as a truth serum in an effort to verify memories recovered during hypnosis.

Other highly questionable methods incorporated into this therapy are guided imagery, age regression, inter child work, relaxation therapy, channeling, trance writing, re-birthing and even crystal reading. Therapists often place patients in incest survivor support groups where new victims are surrounded by other women who have either recovered their own abuse memories or in the process of recovering them. There the patient is encouraged and sometimes even pressured by group members to remember and verbally describe incidents of sexual abuse.

The final step in repressed memory healing is designed to enable the patient to believe in any and all recovered memories. Again, if patients are reluctant or doubt the details of their memories, therapists can call on publication likes the Courage to Heal, the Courage to Heal Workbook, or Secret Survivors, where incest survivors are taught how to believe their flashbacks, body memories, recollections of abuse, no matter how bizarre the details may be.

These patients are told that there is no need for corroboration or proof because what is recalled is historically accurate and unalterable. Their memory they are told acts as a video tape of their lives. These therapists remove themselves from the professional responsibility of examining statements or looking for corroboration by explaining they are neither police nor investigators. They say they are merely facilitators to help women become whole and healthy.

Once patients believe in these recovered memories they are told that it is then possible to begin the healing process. Patients are encouraged to severe their relationship with the abuser and any family member or friend who does not believe in the allegation. There are other support groups to attend that often incorporate primal scream therapy or physical violence to help work out the anger that patients feel about their recovered memories. These patients are often told that they may sue the alleged abuser in order to gain control of their lives and with the act become survivors.

How do other members of the mental health community and law enforcement regard this new method.

First of all many point to the troubling disregard for scientific research that is available to all mental health professionals. Dr. Richard Ofshe, professor at the University of California at Berkeley and a nationally recognized expert in suggestibility and brainwashing techniques writes “even if well intentioned the therapist in this movement are like the physicians who once bled patients in order to cure them, but unlike those physicians who are limited by the primitive state of medical knowledge of their time, the promoters of repressed memory therapy ignore reliable research, misuse their authority and techniques and damage the lives of their clients and their client’s families.”

The best example of the movements unwillingness to use scientific and verifiable findings is it’s perception of memory, the cornerstone of their philosophy and therapy techniques.While proponents believe that memory records experiences accurately and cannot be corrupted or changed later in life, the overwhelming fact is that memory is indeed malleable and false memories it can easily implanted. That conclusion came from over 100 years of research and experience.

Perhaps the best proof of how memory can be manipulated is revealed in a study done by Elizabeth Loftus, pre-eminent scholar on the subject. She points to over 20 years of research that clearly shows that ones recall of events can be easily influenced by fictitious descriptive details inserted characters and fictitious plot elaborations.

To prove this Dr. Loftus’ researchers enlisted the brother of a 14 year old boy named Chris. The other brother wrote a short account of Chris having been lost in a nearby mall when he was 5 and then being found by an older man. It was an event that never happened. Within two days of reading the brief narrative, Chris said that he remembered being afraid that he would never see his family again. Two days after that he remembered the man’s flannel shirt, a conversation with him and eventually remembered that the man was bald and wore glasses. Even after being told that the event never happened Chris clung to his beliefs. He was so positive that he had been lost in the mall that he even remembered his mother coming up and telling him never to do that again.

Dr. Loftus has replicated this kind of study again and again on adolescents, adults and senior citizens. All easily induced to believe in false memory. This body of research has been borne out repeatedly in other studies and countless hours of scientific research.

This research into the malleability of human memory is accepted by the leading mental health practitioners and professional organizations throughout the United States. The California therapist, a magazine for the association of marriage, family and child counselors has stated “some therapists contribute to the problem of recovered memories by among other things inappropriately helping patients remember sexual and other abuse, sometimes satanic ritual abuse when it may never have happened. One must exercise caution when utilizing hypnosis and repressed memory and related cases because of the power of suggestion under hypnosis”.

The board of trustees of the American psychiatric association has warned that “it is not known how to distinguish with complete accuracy memories based upon true events from those derived from other sources. Memories also can be significantly influenced by a trusted person, i.e. therapist or parent involved in a child custody dispute, who suggest abuse as an explanation for symptoms, problems, despite initial lack of memory of such abuse. It has been shown that repeated questioning may lead individuals to report memories of events that never occurred.”

The board continues by saying that corroborating evidence is necessary for an accurate assessment of sexual abuse and that psychiatrists should maintain a neutral stance towards reported memories of such abuse. In light of reputable research and the admonitions of nationally recognized scholars, researchers and professional organizations it is difficult to understand the reason that some mental health processionals continue to believe in a highly suspect kind of therapy and use techniques that have been described as damaging.

One answer is suggested by Kenneth Laning at the behavioral science unit at the FBI academy in Quantico. He wrote“therapists are probably in the best position to influence the allegations of adult survivors. The accuracy and reliability of the account of adult survivors who have been hypnotized during therapy is certainly open to question. Satanic and occult crime and ritual abuse of children has become a growth industry, speaking fees, books, video and audio tapes, prevention materials, television and radio appearances, all bring egotistic and financial reward.

The implication of repressed memory therapy is frightening. Left in it’s wake are thousands of family members who have been and who are currently being sued for alleged molestation of daughters, sisters, nieces, grandchildren. This movement has divided families and in some cases has even led to criminal prosecution.

For those children who actually are abused, this therapy diverts time, attention and money from legitimate programs and projects. True incidents of abuse are being diluted by a course of insecure adults who claim they too are victims. As a result each year thousands of children die from neglect or abuse or suffer from molestation.

For mental health practitioners as a whole such therapy brings into question the ethical duty and integrity of the entire profession. Dr. Paul McHugh, chair of the psychiatry department Johns Hopkins university summed up such implications for his field when he wrote, “to treat for repressed memories without any effort at external validation is malpractice, pure and simple, malpractice on the basis of the standard of care that has developed out of our history of psychiatric service and malpractice because of misdirection of therapy will injure the patient and the family.”

Then why does this type of therapy continue.

It is because mental health professionals do not appropriately sanction their members. They do not hold these repressed memory therapists accountable for their actions. Margaret Singer who is now deceased is a nationally known research psychologist who urged patients to exercise their own rights when therapists practice suggestive and invasive techniques of recovered memory therapy. Only when irresponsible therapists are sued for the abuse of their patients and the patients family will this dangerous fad end. Margaret Singer has written that“perhaps the most serious danger is that true accusations of child sexual abuse will be trivialized or discredited”.

As the nationally known social psychologist Carol Tavers puts it, “the reality of victimization of children is diluted by a course of insecure adults clambering that they are victims too.”

In our office we see countless numbers of innocent families falsely accused because of repressed memory therapy. For this reason we are grateful for our professional relationships with Dr. Loftus, Professor Singer, Dr. Tavers and other scientifically based mental health professionals in our work to help our clients.

http://innocencelegalteam.com/criminal-accusations/molestation/false-memory-syndrome-2/


Filed under: AEG THE HORRIBLE, Jacksons vs. AEG, The SOCIETY Tagged: AEG, Blanca Francia, Diane Dimond, Kenny Ortega, Michael, Michael Jackson, Wade Robson

The sworn testimony that will come back to haunt Wade Robson, by CHARLES THOMSON

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Charles Thomson is a multi-award winning court reporter, feature writer and investigative journalist. His stories have appeared in the Sun, the Mirror, the Daily Star, the Guardian, MOJO, Wax Poetics, Orchard Times, the Huffington Post and various other publications. For more, visit http://www.charles-thomson.net

Charles Thomson is a multi-award winning court reporter, feature writer and investigative journalist. His stories have appeared in the Sun, the Mirror, the Daily Star, the Guardian, MOJO, Wax Poetics, Orchard Times, the Huffington Post and various other publications. For more, visit http://www.charles-thomson.net

There is nothing better than a good laugh at Wade Robson’s current insanity and there is no one who can do it better than the British journalist Charles Thomson.  

Four years ago his truthful articles about Michael Jackson already helped us to survive during the days and months following Michael’s death. And now he has written an absolutely hilarious article sorting out this Wade Robson’s mess and disclosing some very interesting details on the way.

Just look at this point,  for example:

  • “Wade Robson has repeatedly worked for AEG and apparently already has future work lined up with the corporation, but his lawyer has denied any connection between the court cases.”

Oh, so Robson repeatedly worked for AEG and now even has some future work lined up with them? Well, this is exactly what we anticipated after hearing Robson’s story miraculously coinciding with the first testimonies at the AEG trial. And of course his lawyer is denying it…

I hope Charles Thomson does not mind my reposting at least part of his article as I absolutely cannot resist it – the article is truly unforgettable experience. The full of it can be  found in Charles Thomson’s blog:  http://charlesthomsonjournalist.blogspot.co.uk/2013/05/the-sworn-testimony-that-will-come-back.html

And please let me precede it with a quote from Karl Marx:

  • “History repeats itself, first as tragedy, second as farce” .

The sworn testimony that will come back to haunt Wade Robson

When you’ve been covering Michael Jackson for any significant period of time, you come to believe that nothing can shock you anymore.

…For many years, Michael Jackson’s life (and after-life) has been a quagmire of scandal, controversy and legal wrangling. Presently, entertainment company AEG – which promoted Jackson’s ‘This Is It’ concerts – is on trial over what the singer’s family feels is a modicum of responsibility for his death. Already, witnesses have testified that Jackson was banned from the stage during some rehearsals for fear he would injure himself. A producer has testified to weeping as she saw Jackson rambling at rehearsals that God was speaking to him. She told jurors she had warned senior production members she believed he was dying and needed to be transported to hospital, only for her pleas to go ignored. Less than a week later, he was dead.

To a seasoned Jackson correspondent, none of this was surprising. It seems that not a week goes by without some drama or another engulfing the deceased music legend or those closely associated with him, from copyright disputes to kidnap allegations. But last week there was a development in the Michael Jackson sphere which truly did surprise me. Wade Robson, who has staunchly defended Michael Jackson for 20 years and even testified for him in his 2005 trial, filed papers against various organisations connected to the pop legend, seeking multiple pay-outs for alleged childhood abuse.

The choreographer claims he was sexually abused for seven years, from age seven to age 14. The news has rocked the Michael Jackson community. Those who loved him have sprung to his defence while those who built careers on attacking him had reacted with undisguised glee. Jackson’s ex-wife Debbie Rowe has labeled the financial demands ‘opportunistic’ and Jermaine Jackson has branded the choreographer ‘full of shit’.

Civil rights lawyer Tom Mesereau, who defended Jackson in his 2005 trial, has suggested the claims are ‘suspicious’ as their public filing coincided so neatly with the AEG trial. Indeed, the allegations broke as make-up artist Karen Faye testified that she and others had raised repeated concerns about Jackson’s health but had received callous responses from those in charge. Robson’s televised interview days later ensured little media attention was paid to testimony from an AEG employee that financial papers proved Murray was the company’s employee, not Michael Jackson’s. Wade Robson has repeatedly worked for AEG and apparently already has future work lined up with the corporation, but his lawyer has denied any connection between the court cases.

In light of Robson’s sudden change of tune, I have dusted off my complete trial transcripts from the 2005 government prosecution of Michael Jackson. While many news reports have mentioned that Robson testified for Jackson in the case, few have made any particular effort to underscore the gravity of his testimony.Wade Robson was such a compelling and assured witness that Michael Jackson chose him to open his defence case at trial. Under sustained and sometimes aggressive questioning by government prosecutor Ron Zonen, Robson not only denied any impropriety on Jackson’s part, but did so repeatedly, vigorously and convincingly – even mocking prosecutors and describing the mere suggestion of sexual abuse at Jackson’s hands as ‘ridiculous’.

As a side-note, the idea that in a trial about alleged child sex abuse, a genuine abuser would choose somebody they had molested for seven years as their first witness to undergo unrelenting government cross-examination may seem somewhat far-fetched to the casual onlooker.

When viewed alongside some of the comments he made on the Today Show this week, Robson’s testimony is likely to cast more than a reasonable doubt over his new claims. He answered clearly and competently to detailed questions about various examples of alleged misconduct.  The testimony is so immensely damaging to his new legal demands for money that he and his lawyer have already floated two potential, but arguably equally unconvincing, explanations for the bizarre u-turn.

When the story about his demands for money went live last week, Robson’s lawyer was quoted as saying the choreographer had recovered ‘repressed memories’, a story many suggested could have been designed to explain away Robson’s strenuous denials in the 2005 trial without admitting to perjury. However, Robson’s claim was met with such incredulity – many eminent psychologists do not even believe in repressed memories and even those who do took rather a dim view of Robson’s somewhat extreme story – that he has since changed tact.

Robson claimed in his TV interview this week that the real reason he told jurors he was not molested was that he had not realised that what Jackson allegedly did to him was abusive – another claim guaranteed to raise many an eyebrow. He was a successful, professional 22-year-old man at the time of his testimony.

Under oath in 2005, Robson was asked repeatedly about particular acts and whether he knew Michael Jackson to have performed them upon any child. He responded vehemently that not only had he never witnessed any such behaviour, but he was steadfast in his opinion that Michael Jackson would never have engaged in it.

Looking back over the 2005 court documents, the latest explanation for his testimony simply does not stand up to scrutiny. For instance, he was asked specifically whether Jackson had touched his body. Regardless of whether he believed Jackson’s conduct to constitute sexual abuse, if Jackson had indeed touched his body, the clear answer would have been ‘yes’. But it wasn’t ‘yes’. It was ‘no’. Over, and over, and over again.

He even testified that after what he now claims were several years of sexual abuse at Jackson’s hands, he returned to the scene of the alleged crimes more than 20 times in later life, with friends and relatives in tow, for relaxing getaways. He also testified to remaining in touch with Jackson and still considering him a close friend. Indeed, several years after the trial, Robson continued to socialise with Jackson.

Shortly after Jackson’s death was announced in 2009, Robson wrote that Jackson was ‘one of the main reasons I believe in the pure goodness of humankind’. According to Jackson’s brother Jermaine, Robson and his mother helped him pen portions of his autobiography about the media’s unfair portrayal of his brother as a child molester. Indeed, since Jackson’s death Robson has paid public tribute to the star repeatedly, as recently as 2012. He even applied last year for a job choreographing a tribute show to his alleged molester, but did not get the gig.

Wade Robson has filed a creditor’s claim against Jackson’s Estate, seeking a cash pay-out for alleged childhood abuse. He has also filed a civil lawsuit against various Jackson-affiliated companies, seeking further financial compensation for his alleged abuse.

He insisted this week that his new claims were ‘not about money’.

The full transcript of Robson’s testimony on May 5, 2005, totals almost 14,000 words and runs across 60 pages of A4. It includes lots of repetition and discussion about where he lived, when his parents separated and various other tangential asides. Below, I have extracted what I believe to be the key testimony. It is difficult to see how, given the existence of this sworn testimony, Robson could ever convince a jury beyond a reasonable doubt that Jackson had ever acted inappropriately in his presence.

A cynical person might therefore interpret Robson’s high profile TV interview this week as an attempt to avoid ever getting into a courtroom and having a jury test his new claims. How many more high profile public attacks can Jackson’s Estate suffer before it is forced to begin considering a settlement? At this stage, the ability to damage the Estate’s earning potential is about all Robson has got on his side – because the evidence is firmly on Michael Jackson’s.

Here is the testimony nobody else in the media is showing you. See for yourself.

Under direct examination by Michael Jackson’s lawyer, Tom Mesereau:

Q. Do you consider Michael Jackson your friend?

A. Yes.

Q. Do you consider him a close friend?

A. Yes.

Q. You’re aware of the allegations in this case, are you not?

A. Yes.

Q. And are you aware, as you sit here today, that there’s been allegations that Mr. Jackson molested you?

A. Yes.

Q. Mr. Robson, did Michael Jackson ever molest you at any time?

A. Absolutely not.

Q. Mr. Robson, did Michael Jackson ever touch you in a sexual way?

A. Never, no.

Q. Mr. Robson, has Mr. Jackson ever inappropriately touched any part of your body at any time?

A. No.

*  *  *
Please look up Charles Thomson’s blog for the rest of it.
I will quote only the very end of the 60-page long testimony of Wade Robson:
*  *  *
Q. Has anything this prosecutor for the government has said to you changed your opinion of Michael Jackson?A. Not at all.Q. Does it change your opinion as to whether or not he ever did anything inappropriate with a child?A. Not at all.MR. MESEREAU: No further questions.MR. ZONEN: I have no questions.THE COURT: Thank you. You may step down

*  *  *

The source:  http://charlesthomsonjournalist.blogspot.co.uk/2013/05/the-sworn-testimony-that-will-come-back.html


Filed under: AEG THE HORRIBLE, Jacksons vs. AEG, The MEDIA, The SOCIETY Tagged: Charles Thomson, Michael Jackson, Wade Robson

Time to stop taking Diane Dimond’s LIES for Blanca Francia’s DEPOSITION

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The “shower” episode described by Blanca Francia is an extremely boring and futile matter to discuss. You quote her deposition of 1993 where she said she saw one blurred image of Michael only and heard only his laughter too, but you still receive comments like this one from Michael’s fans:

“Many fans say MJ didn’t shower with Wade Robson, but why did Blanca Francia MJ’s former maid say she saw MJ and Wade showering together? During the 2005 trial, housekeeper Blanca Francia testified that she saw Jackson and Robson showering together when Robson was seven or eight years old in the late ’80s, but that steam from the shower prevented her from seeing what was going on.

It’s troubling to know that MJ showered with Wade. I don’t think it was good that MJ showered with Wade. Why couldn’t he allow Wade to shower alone. He was old enough to shower on his own. This is sort of scary. Any thoughts anyone?”

Yes, I have some thoughts about it and the main one is this – due to all the media brainwashing people tend to describe the so-called “shower episode with Wade Robson” following the Hard Copy utterly false version of it,  which was sold to them for $20,000 and further aggravated by Diane Dimond who was the host of that TV program.

Francia’s false story was fully debunked by Thomas Mesereau at the 2005 trial but it is still circulating among the public, and after repeatedly asking myself why it is so difficult to beat this lie I think I’ve probably found an answer to this question.

THE HARD COPY VERSION OF FRANCIA’S STORY

First of all let us determine how bad and dirty the Hard Copy version was. Now that Francia’s deposition became known to us through Thomas Mesereau who constantly refreshed the maid’s memory by referring to it at the 2005 trial, we can see that Diane Dimond’s version was very bad and very dirty indeed.

The gist of it is presented by the Associated Press which says that “he was seen bathing in the nude”, “naked with at least two young boys” and “rubbed them against his private parts”… Oh my God!

Associated Press 1Francia, who worked for Jackson for five years at his Neverland Ranch but said she quit two years ago in disgust, told the syndicated TV show “Hard Copy” that she had seen Jackson bathing in the nude with at least two young boys.

Another report surfaced yesterday about a second boy who claims Associated press 2that he was molested by Jackson. Citing unidentified sources , KNBC-TV said authorities were investigating the boy’s allegation. Investigators who questioned the boy found the account credible, the station said.

Police and districts attorney’s office investigators have declined comment since opening the criminal probe four months ago. No criminal charges have been filed against Jackson. Francia, a Salvadorian immigrant, is the only person since the allegations against Jackson surfaced to state publicly that she saw the entertainer naked with boys”.

The former maid said Jackson was in the constant company of boys about 11 years old. Some would stay at the ranch for weeks at a time, sleeping overnight with him. “I would keep my mouth shut to keep my job”, she said. She said parents occasionally were received at the ranch, but were kept distant from the entertainer and his young guests. Francia said she guessed they “looked the other way”.

Francia said Jackson called the boys “rubba”. She said he would rub them against his “private parts”. She also said she cleaned a “hide-away” where Jackson would go with young friends.  She said Jackson once asked her opinion of what she witnessed. “I said it was none of my business. He liked that…I would get some reward – money or a gift”.

So it was through Diane Dimond’s TV program that the word “Rubba” came into history and the story of Wade Robson most probably emerged. The story was reproduced by almost everybody at that time:

  • MORE revealing and disturbing was the “special name” he now gave his young friends. To Michael they were all “Rubba”. Why Rubba? From “rubbing boy against his body”, Francia surmised. “He had boys sitting in his lap, rubbing them.” http://www.plussizedresses.com.au/plus-size-dresses-articles/1995/1/22/jacko-sad-mad-or-bad/

  • “Michael Jackson’s former maid reportedly claimed to have seen him in a bath and shower with naked boys and said that the superstar would sometimes rub youngsters against his body”.

From Blanca Francia herself and Michael’s friends who were interviewed about the nickname we know that Rubba does not mean anything as Michael gave this name to almost everyone  – his friends, cousins, nephews  and all the kids around. Here is an excerpt from Blanca Francia’s testimony at the 2005 trial:

Q. Okay. But it’s certainly a term that he used quite often, isn’t it?

A. “Rubba,” yeah.

Q. He used it on lots — he used it for lots of children, including his own cousins, didn’t he?

A. Yeah.

The origin of the word can be traced back to Emmanuel Lewis who played Webster. The word had nothing sexual about it and was used even for Michael’s children:

Rubba was a name Emmanuel Lewis, who played Webster, came up with,” he explained. “Everyone called everyone Rubba. It didn’t mean anything. What we did have was the Applehead Club, and that was from ‘The Three Stooges.’ Everyone was an Applehead because Michael loved ‘The Three Stooges.’”

“It’s nothing sexual,” my source continued. “Michael even called one of the younger kids Baby Rubba. It didn’t mean anything.”

http://www.foxnews.com/story/0,2933,118795,00.html

Doo-doo head was also a tender name given by Michael to almost everyone for whom he formed some kind of an attachment. In fact he called even Blanca Francia ‘Doo-doo head’ and spoke of nice food as ‘doo-doo’ too.

Doo-doo headHere is an excerpt from Blanca Francia’s deposition published in July/August 1994 issue of the Spy magazine:

FELDMAN: Did he (Jackson) ever call himself “doo-doo head”?
FRANCIA: Yeah. An he will tell me sometimes “doo-doo head” too.
He’d call you “doo-doo head”?
Yeah.
How you would use the term “doo-doo head”.
Yeah, like – like he will say, “Oh, I’m hungry and I don’t know what to eat. Maybe some doo-doo”. He will say that and – or he said to me, “This is doo-doo”.

The same innocent stuff explains the word Applehead. Over here they had an Applehead club with funny rules for the members:

Be “idiots and act crazy at all times”; be vegetarians who fast on Sundays and avoid drugs; watch two episodes of “The Three Stooges” daily; know the Peter Pan story by heart; and when seeing another member, “give the peace sign, and then half of it.”

http://www.foxnews.com/story/0,2933,118795,00.html

As regards Diane Dimond’s horrid details about “naked boys” we learn from the 2005 trial that the maid was talking only of MJ and the children  playing in Jacuzzi and in their bathing trunks too. She saw them playing and often collected the toys scattered around there.

Despite all her resistance to the truth at the 2005 trial Blanca Francia was forced to repeat what she had earlier said in her 1993/94 depositions – she never saw Michael shower or bathe naked with boys and definitely never saw any molestation.

Once she saw a blurred “image” of Michael in the shower but did not really see anyone beside him. All she heard was his laughter in the bathroom, and it was only at the 2005 trial that she changed it into allegedly hearing two voices:

 Q. You’ve seen him playing in his Jacuzzi,  correct?

A. Yeah.

Q. You’ve never seen Mr. Jackson improperly  touch anyone in his Jacuzzi?

A. No.

Q. Never saw that, right?

A. No.

Q. Okay. And in that deposition, you told the truth, right?

A. As I remember it.

Q. Yes. And you were under oath, right?

A. Yes.

Q. Okay. And you said that you had never seen Michael Jackson touch anyone in a sexual way, right?

A. Yeah.

Q. ..you did say under oath that you had never saw Mr. Jackson have sexual contact with anyone, right?

A. No. No.

Q. Now, the prosecutor asked you questions about what you said in the deposition about what you could see in the shower, right?

A. Yeah.

Q. And in the deposition you said under oath that all you could see was a shadow, right?

A. Yeah.

Q. Was that the truth?

A. A shadow, an image, yeah.

Q. That’s all you could see –

A. Yeah.

Q. …in your deposition you said you could only see one person, but you heard giggling, right?

A. Yeah, but I hear two people –

Q. Do you remember you were asked in your deposition, “Did you hear anything else other than Michael laughing?” And you said, “No”?

A. Yeah.

Q. Was that the truth?

A. Yes.

Q. Do you remember in the deposition saying you never saw anyone else in the shower but Mr. Jackson?

A. I don’t think I say that.

Q. Would it refresh your recollection if I show you the transcript?

A. Okay.

Q. Does it refresh your memory about what you said about the shower?

A. Yeah.

Q. You saw one person, Mr. Jackson, right?

A. Yes.

Q. Or it looked like him through the glass, right?

A. Yes.

During her deposition in 1993/94 she did mention Wade Robson but said that she did not see him in the shower with Jackson and only believed (imagined) that he was there. All she saw was one figure only and all she heard was some laughter.

At the 2005 trial she explained her previously innocent version of the deposition twelve years earlier by her being “nervous and tired”. She didn’t explain though that she was deposed twice and what she said once could be corrected the second time, not to mention the fact that the deposition can be verified later and adjusted if you know you said something inaccurate there.

No, both Francia’s depositions in the 90s were saying the same thing – she did not really see anything and only assumed that WR could be there:

Q. All right. Did they ask you about Wade Robson?

 A. Yes.

Q. Did they ask you if in fact you had seen them in the shower together?

A. Yes.

Q. Do you remember the answers that you gave to those questions?

A. Kind of.

Q. Did you tell one of the attorneys that you did not see Wade Robson in the shower?

A. Yeah, I probably did.

Q. All right. Was that accurate?

A. Well, at that time I guess I was tired and nervous, I guess.

Q. Did you tell them that you believed Wade Robson was in the shower?

A. Yes, I told them that.

Q. And you think you saw Mr. Jackson in a shower with Mr. Robson one time, right?

A. Yes.

Q. But you said the shower was fogged up and you couldn’t really see, right?

A. I saw the figure.

Q. You saw the figure. And you heard a lot of laughing, right?

A. Yeah.

Q. And you thought they were playing, right?

A. Yes.

So Francia initially tried to voice the version consistent with Diane Dimond’s story in the Hard Copy, but when it came to verifying it by her depositions in 1993/94 she could not confirm any of it as true.

  • Dimond had “naked boys”, naked Jackson”, “numerous occasions”, “rubbing against each other” and much more of it.
  •  And Blanca Francia’s deposition has no naked boys at all, no rubbing and only a blurred image of Michael through a glass door with no one else beside him – which is a totally different picture as you understand.

And it was only due to the fact of Thomas Mesereau introducing the maid’s earlier depositions that all those lies were finally refuted.

But if Blanca’s 1993 depositions totally refute the lies told by Hard Copy how could it happen that Diane Dimond’s version turned into the classics of the genre while the true story from Francia’s depositions is still struggling to be recognized?

The reason for it is the fact that the Hard Copy TV program was aired exactly on the day of Francia’s first deposition which was followed by extremely biased media reporting.

And the worst part of it is the media presented lies from Dimond’s program as Francia’s deposition.

HARD COPY LIES WENT FOR FRANCIA’S DEPOSITION

The fact that the two events perfectly ‘coincided’ in time enabled the media to make a cunning trick – they first mentioned Francia’s deposition and then reproduced the contents of Hard Copy as if all this “horrid truth” was revealed by the maid in her deposition and not in the tabloid TV program for which she was paid big money.

This way the truth was very effectively replaced by lies and everyone – I mean everyone – had the impression that Blanca Francia’s deposition is the most damning document which exists on this planet.

It absolutely wasn’t and the reason why everyone thinks so bad about it is that everyone takes the Hard Copy version for the actual deposition taken by the maid.

How could this happen?

Easily, though I myself have noticed it only now. We’ve discussed the matter a hundred times but for some reason it was hard to grasp the simple fact that the Hard Copy program came exactly on the day of the maid’s first deposition and the media made a big and highly confusing story out of it .

Blanca Francia had two depositions with a one month break between them, and Thomas Mesereau always referred to the program as aired a month prior to the deposition. This was perfectly correct of course, only Thomas Mesereau was speaking about Francia’s second deposition on January 11, 1994 which indeed came a month after all those events.

But now I realize that the first deposition was exactly on the day of the Hard Copy program and the date for both was December 15, 1993.

Mary Fischer fixed it in her article “Was Michael Jackson framed?” (no doubt about that he was):

  • On December 15, Hard Copy presented “The Bedroom Maid’s Painful Secret.” Blanca Francia told Dimond and other reporters that she had seen a naked Jackson taking showers and Jacuzzi baths with young boys.

And at the 2005 trial both Blanca Francia’s depositions were introduced with the dates provided for each of them:

  • MR. ZONEN: Your Honor, I’d be prepared to stipulate to the two dates of the transcript. And the first date is December 15, 1993. The date of the second day of the deposition was January 11, 1994.

The above means that the first Francia’s deposition “coincided” with Diane Dimond’s TV program or rather that the TV program ‘coincided’ with the deposition.

Many of you will shrug your shoulders at this news. So what of it? Even if Hard Copy specifically dedicated its program to a deposition taken by Francia on December 15th, the media often does it to break the news exactly on the day of the news, doesn’t it?

True, and the fact would not have been that damaging if it were not for one terrible thing – the media represented both events in a way which made Diane Dimond’s program packed with lies replace the truth contained in the actual deposition taken by Francia.

The media presentation was a mishmash of facts where they first mentioned the deposition and then retold the Hard Copy program which made the public think that the lies from Dimond’s program were actually the evidence from the deposition given under oath.

Add to it the fact that the depositions were sealed and never disclosed, while the Hard Copy version started off with a bang, acquired a life of its own and is still understood by the public as the only ‘correct’ version of the events –  and you will see the tremendous damage  done to the truth by this media scam.

HOW THEY DID IT

See for yourself how this was done.

When Blanca Francia was deposed the attorneys refused to comment on what she said there, but the papers went on confidently spreading lies from the Hard Copy program presenting the facts as if they were leaked from the deposition.

To make things clearer to you I’ve added to the text below two words in brackets. This addition should have been made by the journalists themselves but never was. Please read the first sentence without the brackets and then compare it with the addition I’ve made and see the difference between the two:

Hard copy 0 - attorneys refused to comment“Attorneys got their chance to question the former maid of Michael Jackson who says [to Hard Copy] the entertainer bathed and slept nude with boys and gave her gifts to reward the silence.

Blanca Francia spent seven hours in attorney Larry Feldman’s office testifying in a 13-year-old lawsuit accusing Jackson of child molestation.

Feldman, who represents the teenager, and Jackson’s attorneys all refused to comment on Francia’s deposition. They have agreed not to discuss the case until a Friday hearing, when a judge will consider a gag order barring release of information about the case”. (Courier, Dec.16, 1993).

Yes, the maid spoke about “him bathing and sleeping nude with boys” to Hard Copy only and not to the attorneys, as the deposition has nothing even remotely close to it.  But from the text of it you cannot understand which was said where and it looks like all of it is one.

Of course a question arises how the Courier could know that “MJ bathed and slept nude with boys” if the attorneys agreed not to discuss the case and refused to comment on it, but this is so small a matter that few people will realize that all of it is just verbal equilibristics intended to tell a big lie.  The truth of the matter is that the Courier is quoting Hard Copy but is presenting it as the maid’s deposition.

Do you see now why the public thought that Francia’s deposition was the nastiest evidence you could ever have? And the further we go the denser the lies grow.

The article of December 16th, 1993 by the Associated Press is entitled “Jackson’s ex-maid testifies”, so after a title like that it is natural to interpret the text as the gist of the maid’s testimony. Hard Copy is mentioned too, but who will look into all those minor details and differentiate whether it was Hard Copy or no Hard Copy? The Associated Press says that she testified about it and this is all that matters!

This is how the version that “he slept nude with boys” was solidified by the AP:

Blanca Francia Dec.16, 1993. Pisttsburgh Pst-Gazette, top part“Attorneys got their chance yesterday to interview the former maid of Michael Jackson, who says [to whom?]  the entertainer bathed and slept nude with boys and gave her gifts to reward her silence.

Blanca Francia was surrounded by a media throng when she arrived at attorney Larry Feldman’s office to give a deposition in his lawsuit accusing the singer of child molestation.”

Just a moment please.

To whom again did the maid say that “the entertainer bathed and slept nude with boys?” To Larry Feldman in her deposition (where she never said anything of the kind) or to Hard Copy which indeed alleged all those things?  Of course she said it only to Hard Copy but why doesn’t the Associated Press explain it I wonder?

I can bet whatever you like that no reader was able to distinguish between the real deposition and the Hard Copy version of the story though now we know that they are different as poles apart.

The deposition itself was never quoted because both parties were under a gag order and all the depositions were sealed. And while the truth was absent its place was taken by the Hard Copy lies actively promoted by the press. To neutralize the effect of lies the only thing they had to do was telling the readers that the news spread was coming from Diane Dimond and not the deposition itself – however they never did it.

This type of crooked reporting left everyone under the impression that Francia’s deposition carried the worst Michael Jackson’s secrets and was so damning a document that the Jacksons’ lawyers hurried up to obtain a gag order on it.  

Yes, they even stressed it that it was Michael Jackson’s lawyers who wanted a gag order on the deposition, though Michael’s lawyers were the most interested party in making that deposition public.

Even prior to the deposition, already on December 14, 1993 the Milliwaukee Sentinel was already citing some “sources closed to the investigation” who repeated all those lies and added that the maid’s remarks came as Jackson’s lawyers obtained a gag order preventing the discussion of the depositions contents.

From the way they say it you clearly get the impression that Michael’s lawyers were doing their best to stifle the “horrible truth”. But the case was exactly the opposite one – the deposition was absolutely not horrid and was in fact refuting Diane Dimond’s lies!

Blanca Francia Dec.14, 1993. the Milliwaukee Sentinel “Blanca Francia, a former maid for Michael Jackson has told authorities that she quit her job with the entertainer after seeing him naked with young boys on a number of occasions, sources close to the Jackson investigation said Monday.

“That’s true,” Francia told the Los Angeles Times Monday [Dec. 13]. “I quit in 1991. I was disgusted. I could not stay”. She is scheduled to give a deposition later this week [Dec.15], and she declined to discuss what she saw in detail, saying she preferred to wait until after she had spoken under oath.

Francia’s remarks came as Jackson’s lawyers obtained a temporary gag order that prevents lawyers from discussing the contents of depositions taken as part of a civil suit filed by the attorney for a boy, 13, who accuses the singer of child molestation.

After the court session one of Jackson’s lawyers confirmed that the entertainer returned to Southern California Friday”

And what are these mysterious ‘sources close to investigation’ that quoted Francia seeing “him naked with young boys”? And why are they saying it even the day before Francia was deposed at all?

Of course it is Diane Dimond again. But if she only started with the tune why did the rest of the media form a big orchestra turning it into a big symphony of lies?

These people know that they are reproducing the Hard Copy lies and not the maid’s deposition, so why are all of them so willingly participating in what they know themselves to be a huge scam?

As I’ve said the worst part of it is that the depositions were indeed sealed and the true facts from them were not disclosed to the public for full twelve years until the 2005 trial. It was only due to that trial that Thomas Mesereau had a chance to indirectly introduce us to those depositions when he cross-examined the numerous liars testifying there and he had to refresh their memory by using those documents.

But until the 2005 trial Diane Dimond’s lies were having a full reign over people’s minds and these lies partially explain why she was so overzealous during that trial. She had told so many lies in the past that every new deposition taken from the 90s was driving a new nail into the coffin of her credibility. Her only hope was a guilty verdict and that nobody would notice the dirty kitchen where they had been and were still cooking their scams.

It took us many years to notice this media ‘project’, and I am glad that we finally did. Goodness gracious, can you imagine what would have happened to the truth if it were not for the 2005 trial and those true depositions had never been disclosed?

If the trial had not been there we would have never learned the true words of Francia and all the rest of them stated in their depositions in the 90s! And we would still be guided by the Hard Copy lies!

The Hard Copy program is long gone but its lies are still alive, and it is essential for everyone to go only by what Francia said in her depositions in the 90s as what they are saying now is a repetition of Diane Dimond’s worst lies.

Well, even Francia herself noted that the people from Hard Copy were not honest. At the 2005 trial she said about Diane Dimond and her team:

Q. In your deposition, you said the people from Hard Copy are not honest, right?

A. Yeah.

Let it be the final word for Diane Dimond from Blanca Francia herself.

WHAT BLANCA FRANCIA SAW AND DID NOT SEE

Here is a supplement to the post which provides my interpretation of Blanca Francia’s story. It is a repetition of what has already been said in the comments and is provided here just in case someone missed it.

My opinion is that Blanca Francia could not see even the image of Michael Jackson behind any fogged glass door and that she was simply eavesdropping at the door of his bathroom. This conclusion can be made after you see the layout of Michael’s suite. The floorplan is provided below but first here is the maid describing it:

15 A. That’s the Jacuzzi.

16 Q. I’m sorry?

17 A. The Jacuzzi.

18 Q. First floor?

19 A. In the bathroom.

20 Q. Okay. And can you see where the shower is

21 in that photograph?

22 A. I can just see the — right here, the frame,

23 the door frame.

18 But in this photograph, which is No. 788,

19 can you see both the Jacuzzi and the room that has

20 the shower in it?

21 A. Yes. Right across from each other.

22 And this, I think, is 787. And what is

23 that?

24 A. That’s the shower.

25 Q. All right. Is that the same door that you

26 recall?

27 A. Yes.

28 Q. All right. And that’s the shower that you

1 gave testimony to.

2 And the last one, please. Two more.

3 788. And this is 788. Is that the same

4 bathroom downstairs?

5 A. Yes.

6 Q. All right. Do you have a better view of the

7 room that has the shower?

8 A. Yes.

9 Q. Show us where that is, with the laser.

10 A. Right here.

11 Q. Okay. That’s the toilet that you can see?

12 A. Yes.

13 Q. And on the other side of the toilet is the

14 shower?

15 A. Uh-huh. Right next to it.

16 Q. All right. Can you show us now where you

17 were standing? Can you put the laser on where your

18 feet were at the time you were standing?

19 A. Probably right here. Right here on this

20 corner.

Thanks to Elona Lee  (http://enolalee.blogspot.ru/) we have  the floorplan of the Neverland mainhouse. The descriptions accompanying the plan helped me find and mark the showers on both sides of Michael’s suite.

The bathroom Francia is talking about is the master bathroom having a Jacuzzi and a small bathroom with a toilet and a shower right across it (this shower is marked yellow).

The detail that immediately attracts our attention is that there is a partition between the toilet and the shower:

Miichael Jackson's suite. Yellow arrow shows the bedroom downstairs and the master bathroom, and the darker arrow shows the bedroom upstairs and the gents' bathroom and shower

The floorplan of Michael Jackson’s suite. Yellow arrow shows the Bedroom Downstairs and leads to the Master Bathroom, and the darker arrow shows the Bedroom Upstairs and the Gents’ bathroom and shower. The bathroom near Jacuzzi has a partition between the toilet and the shower.

Here are some more pictures to visualize what we are talking of.

Miko Brando, Michael’s friend is showing to a CNN correspondent Michael’s suite. We see the glass door opening into the garden and a big glass window next to it:

MJ's suite

If you come up to the window and turn right you will see a door leading to the master bathroom. On the right side of the master bathroom there are three doors. One is taking us to a huge closet, the second opens into the toilet/shower room and the third is a glass door opening into the inner patio:

On the right there are three doors - the first may be a closet, the second is the toilet/shower and the last glass door is opening into the garden

On the right there are three doors – the first may be a closet, the second is the toilet/shower and the last glass door is opening into the garden

Another photo of the same bathroom shows the door to the toilet half open, and at this point we find that there is also a window right behind the toilet.

The door to the bathroom is half open. We see the toilet and window behind it.

The door to the bathroom is half open. We see the toilet and window behind it.

I don’t know at which corner the maid was supposed to be standing but if she was standing at the very door to the bathroom and saw it from the angle we see it now, it was impossible to see the shower as the half-open door was closing the view of it.

Considering that there was also a partition between the toilet and the shower (unless it was pulled down by Jackson)  to be able to see anything at all  Blanca Francia had to enter the shower room, cross the toilet area and stand in front of the glass door of the shower. I highly doubt that she did anything of the kind because no employer would tolerate such an invasion of his privacy and she would have been immediately fired after that.

You also remember that the maid asserted that the glass door was fogged. This was the detail which she must have added to make her story sound credible, however by adding it to her story she only made things worse – if the door is open no steam or fog will accumulate in the bathroom and  if she says that the glass was foggy it means that the door was closed.

But if it was closed she could not see anything at all – no shower, no underwear lying on the floor, no image of Michael Jackson or anyone at all there. A closed door is just a closed door and that’s it.

And with the door closed the most she could hear was the sound. The radio was blasting, Michael Jackson was laughing (in her first deposition she said she heard only his laughter), and even if we assume the worst (that she heard two voices) the window in the bathroom makes me think that this second voice could easily come from outside the bathroom if  some kids were hanging over there and talking to Michael through the window.

Why do I disbelieve the worst? Because the episode was happening in the middle of the day (exactly at the time for the maid  to clean the premises and see everything), so it was not just a routine morning or evening shower but must have been something extraordinary – for example, the children could have dropped Michael into the pool (as we saw it in the video) and he raced back to the house to take a shower, and they followed suit (as they always did) laughing at the great joke they played on him. Or it could be the shower taken after all those water balloon fights.

So he gets into the shower, closes the door behind him, but the kids turn the corner and position themselves outside the window continuing to laugh and shout to each other through the window. Indeed with the water running and the radio blasting, they should have been indeed shouting for the maid to be able to hear all those voices through the door.

Was he making a secret out of it? Absolutely not.  There was nothing to be secretive about – the situation was perfectly normal and innocent and this is probably why “precautions” against some nosy and intrusive maids were never made. She was welcome to come any time and Michael did not worry for a second that she or anyone would think the situation “worrisome”.

Was the situation described above possible? And why not?  Why are we supposed to think only the worst about Michael Jackson? Because some maid and her mentor Diane Dimond have exceptionally dirty minds?

What most probably happened is that the maid started cleaning the bathroom, collected some toys and clothes scattered around the Jacuzzi and then came over to the door to listen to the noise. What she heard was a laugh and (probably) a talk over the window in the bathroom. She did not see anything, but thought that she heard some voices  which she interpreted the way she interpreted it.

And two years later what she heard and imagined to herself was actually the worst of what she could say to Diane Dimond.

The rest of it was just a mere techicality. Francia added her suppositions to the story and Diane Dimond embellished it further with horrid details like “he was bathing naked with boys” or “rubbing them against his private parts”.  By the 2005 trial the story reached gigantic proportions and was presented by Sneddon as follows:

“As she approached the bathroom ..she saw Jackson and young Robson nude together in the shower and Jackson was rubbing against Wade’s body. The shower was steaming so she could not see everything, but she could see Wade’s head pressed against Jackson’s stomach area. Jackson’s and Wade’s underwear were on the floor next to the shower. “ PLAINTIFF’S MOTION FOR ADMISSION OF EVIDENCE OF DEFENDANT’S PRIOR SEXUAL OFFENSES

All of it was picked up by the press and passed for Blanca Francia’s deposition while in reality she never said anything of it. There were no naked boys, no rubbing, no Wade Robson or anyone else seen there, and I doubt that she even saw a “blurred image” of Michael Jackson at all.  The door was closed and all the maid heard was a lot of laughter and (probably) another voice coming from the area around that shower.

And this is all there is to it. And the rest of it is a big,  a really big LIE.

The truth is here for everyone to see:


Filed under: MICHAEL'S CRAZIEST FOES, THE 1993 CASE, The MEDIA Tagged: Blanca Francia, Diane Dimond, Michael Jackson, Thomas Mesereau, Wade Robson

News summary for week 4 of the AEG trial

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

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

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

Monday May 20, 2013

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

Tuesday May 21, 2013

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

Wednesday May 22, 2013

369 Hello from the courthouse in downtown LA. Day 16 of Jackson Family vs AEG wrongful death trial under way. Court in recess for lunch now.
370 It was mission accomplished for fan Karlene Taylor who guided a visitor from Beijing!
371 Keen Zhang is the president of China’s Michael Jackson fan club. He brought program from a memorial service there to present to Mrs Jackson
372 Zhang was not able to hand it to her directly but was happy to give it to Will, one of her bodyguards.
373 Katherine enters in an orchid colored jacket… cotton piquй according to sketch artist Mona Edwards, a former fashion illustrator.
374 Before we detail everything that happened in court today, we’ll describe the events that happened late afternoon when Trell testified
375 Jackson’s attorney showed emails between attorneys high-up within AEG and AEG Live referring to Michael Jackson as “freak” and “creepy”.
376 This email exchange happened hours before Shawn Trell went to MJ’s house to sign the contract on January 28, 2009,
377 Does this mean you get to meet the freak? Ted Fikre, AEG’s general counsel wrote to Shawn Trell.
378 Shawn Trell answered: “Apparently. Not sure how I feel about that. Interesting for sure, but kind of creepy.”
379 Jackson’s attorney Brian Panish had this reaction outside court: “This exemplifies AEG had no respect for Mr. Jackson.
380 Panish cont’d: “All he was to them was a vehicle to make money.”
381 Panish cont’d: We’re going to continue to prove that for members of the board and attorneys to refer to him as that is disgraceful”
382 Panish cont’d: we’re going continue to show and prove what AEG is all about. This was just the tip of the iceberg.”
383 Jackson’s fans said they were “outraged” at AEG’s treatment of Michael. They were crying in the hallway and said animals are treated better.
384 AEG’s attorney, Marvin Putnam, said that he’s waiting for actual evidence in the case to be presented and this was just personal attacks.
385 Watch @ABC7 Eyewitness News tonight at 11pm PT to see the emails and all the details about the story and http://www.abc7.com
386 Jessica Bina asked Trell about an agreement regarding former manager Tohme Tohme. He was employed by Jackson and contract added duties.
387 Trell refers to cancellation insurance in tour agreement.
388 Compensation is detailed in contract. There was a condition precedent.
389 Trell: while this agreement started in January, the conditions/terms not met. If Tohme would’ve performed as specified, would’ve been paid.
390 Trell: To pursue Jackson’s interest in films, AEG would put up a million dollars for development. They contemplated making 3 films.
391 Trell said it’s always the artists obligation to obtain this form of insurance to pay back the advances.
392 Trell: The cancellation insurance, whether one show lost or the entire tour, MJ was obligated to pay us regarding the production costs.
393 Trell: AEG had obligation regarding advances. We don’t secure insurance to cover profits, only to protect losses from cancellation.
394 Trell: It is not uncommon for an artist to have the assistance of a promoter. We have to be satisfied with the strength of the policy.
395 Trell said insurance was $17.5 million. He said in the market place there was lot of skittishness; tabloid media possibility of skin cancer
396 Bina: Did you have a problem with the cost of doctor?
397 Trell: I thought in LA there are world renown doctors, questioned the expense
398 Trell says that he received report from insurance broker about the exam. “Other than a case of hay fever, Jackson passed in flying colors.”
399 Bina: you wouldn’t go out to get a policy for an artist with an illicit drug problem?
400 Trell: no, because it wouldn’t be covered
401 Trell: If someone died and the artist was so distraught that the artist could not perform, that loss would be covered by this policy.
402 Bina: We’re you ever able to get more insurance coverage?
403 Trell: No, because concerns over what marketplace saw in media reports.
404 List of what appeared on tabloids: Mj using a wheelchair, back injury, lupus, cancer, cosmetic procedures, lung infections.
405 Trell said there was no mention of drug abuse, alcohol abuse, sleep disorder.
406 Bina: Could AEG make a profit from cancellation insurance?
407 Trell: No, only to cover losses
408 Trell said employees are insured by the company. Independent contractors are just that, that is why it is called independent.
409 Independent contractors have area of expertise needed to make the project happen Trell said. It’s expertise not within the company itself.
410 Trell: We hire third parties for equipment, sound. They’re usually referred to us or they are known to the artist.
411 Trell: people responsible for the project would be involved in establishing rates and conditions, agreement is handled by me or my office.
412 Trell: On a nightly basis when they leave the premises, they go home, that is the sanctity of their home, that is their business.
413 Trell: It would be misguided for us to inject ourselves in the lives of those people. (Referring to members of an artist’s entourage)
414 Bina: Did AEG have any role in choosing doctor Murray?
415 Trell: No
416 Bina: Surprised to bring family physician on board?
417 Trell: No we’ve had other tours where artists brought doctors for themselves/families
418 Trell said insurance was required based on the contract.
419 Trell said they produced Prince’s tour a few years ago, which was analogous to the “This Is It” tour.
420 Email on 5/21/09 from Wooley to Dr. Murray:  Dear Conrad, I should like to send a contract to you in the next day or two
421 Email cont’d: But am looking for help writing the legal department because the form within which I work
422 Email cont’d: don’t apply to your specialized position. So it has to be custom-generated.
423 5/28/09, Wooley to Dr. Murray He said the legal department has not yet completed the agreement which is rather specialized, rare event
424 Email noted payment could only be made upon fully executed contract. Kathy Jorrie is attorney retained by AEG to work on Murray’s contract.
425 Bina: Did Ms. Jorrie begin contract negotiations with Dr. Murray at your direction?
426 Trell: Yes
427 6/15/09 Jorrie wrote to Wooley: I’ve attached draft for your review/comment. If you approved the attached, please submit copy to Dr. Murray
428 Contract: Provision 9 Artist Consent: The effect of this agreement is conditioned upon the approval and consent of the artist.
429 Contract: Without the artist’s expressed and written approval of the agreement neither party to the agreement will have any rights
430 Contract: obligations to one another arising from the agreement.
431 Trell testified this was the first contract he saw this provision included
432 Because of the personal nature here from MJ for this particular engagement of his personal physician, Trell explained.
433 Contract: The undersigned hereby confirms that he has requested producer to engage Dr. Murray on the terms set forth herein
434 Contract: on behalf of an at the expense of the undersigned: Michael Jackson
435 My understanding is that he was going to be categorized as artist advance, Trell explained.
436 This was specific accommodation at the request of the artist as opposed to production cost incurred while mounting a show, Trell said
437 Trell said there’s a final settling of the tour after the project is completed. That’s where they categorize/re-categorize things.
438 Trell said he doesn’t do the final settlement himself, but people who do ask him questions about how it should be done.
439 My understating he was an Artist Advance, Trell said. MJ’s company was responsible for both artist and production advances.
440 I’m not aware of MJ making objections to this provision, Trell said. Bina showed Dr. Murray’s last page of the contract signed by Murray
441 The agreement was between AEG Live Productions, LLC and GCA Holdings LLC and Conrad Murray. GCA Holdings is Dr. Murray’s employer.
442 The intention was to make it (provision 9) expressly subject to have Michael’s signature on it, Trell explained.
443 Bina shows the Recitals of the contract. In one of them, it says Dr. Murry was a licensed cardiologist.
444 Contract. Scope of Services: Dr. Murray will provide general medical care to the Artist…
445 Contract: Such services will be administered professionally and with the greatest degree of care expected from members in the medical field.
446 Email on 6/23/09 from Kathy Jorrie to Wooley and Dr. Murray “I’ve attached hereto a revised version of your agreement”
447 Email: which incorporates all of the revision you requested. I have redlined the word version so that you can see all the revisions.
448 Redline: It changed the scope of services from producer to artist in the sentence: “Dr. Murray shall also provide such other services [VMJ: At Murray's trial Kathy Jorrie said Murray requested a change but it was never made].
449 Contract: as are reasonably requested by Artist from time to time during the term hereof. “It was requested by Dr. Murray,” Trell said [VMJ: Murray was still to perform the services requested of him by the PRODUCER!
450 Responsibilities of GCA/Dr. Murray 4.3 Obtain, maintain and comply with all licenses or other approvals required by any applicable law
451 Contract: or from any governmental agency or authority to permit or otherwise legally authorize Dr. Murray to perform any and all Services
452 Contract: and to fulfill all of his obligations under this Agreement including in accordance with applicable laws in the United Kingdom.
453 Contract: Present to Producer within two (2) weeks from the date of this Agreement documented proof of any and all licenses required
454 Contract: for Dr. Murray to practice Medicine in the United States and to perform the Services under this Agreement.
455 Contract: Present to Producer no later than July 3, 2009 documented proof of all licenses required for Dr. Murray to practice medicine
456 Contract: in the United Kingdom and to perfonn the Services under this Agreement to the reasonable satisfaction of the producer.
457 Contract included provisions to terminate the contract for failure to provide appropriate medical licenses to work in the US and UK
458 Trell spoke with individuals from AEG about MJ's physical condition. He said he was told MJ seemed fine and the performances were terrific.
459 Email on 6/20/09 from Ortega to Phillips: Finally, it's important for everyone to know, I believe that he really wants this
460 Email cont'd: it would shatter him, break his heart if we pulled the plug. He's terribly frightened it's all going to go away.
461 Email cont'd: He asked me repeatedly tonight if I was going to leave him. He was practically begging for my confidence. He broke my heart.
462 Email cont'd: He was like a lost boy. There still may be a chance he can arise to the occasion. If we get him the help he needs.
463 Trell said he was in the courtroom when Travis Payne testified. He remembers Payne saying MJ looked like he had flu-like symptoms on 6/19/09
464 Everyone mentioned chilling or cold, but no one definitively stated at the time what was going on, Trell said.
465 Bina: Did you speak with Mr. Phillips about his interaction with Dr. Murray?
466 Trell: Yes
467 My understanding there were two meetings in which Dr. Murray attended and MJ was present, Trell said.
468 He knew one on June 20th, and another one in the beginning of June, but he didn't know the date.
469 Meeting on June 20th: Dr. Murray, Michael, Randy Phillips and Kenny Ortega. "Firstly, Michael indicated he was fine, just fine," Trell said
470 Trell: Secondly, Dr. Murray scolded Kenny Ortega for raising concern, that he was taking care of Michael and he was just fine.
471 There were  no rehearsals on 21st and 22nd, Trell said, and MJ rehearsed on the 23rd and 24th.
472 He appeared fine and the rehearsals were terrific, Trell said he was told.
473 On June 25, Trell said there were two people that represented Michael Jackson in some management capacity: Dr. Tohme and Frank DiLeo.
474 Trell said that MJ's Estate ultimately approved the productions advances incurred in the tour.
475 Bina: Does AEG Live does background check on its employees?
476 Trell: credit history may be requested when related to the position at issue
477 Brian Panish: Have you seen documents where Dr. Murray is referred to as a consultant?
478 Trell: I don't recall
479 Trell said he was very, very involved in the "This Is It" tour.
480 January 26, 2009 was the first and only time Trell met with Michael Jackson. "I'm sure it was the only time I met MJ."
481 I won't forget meeting Michael Jackson, Trell said.
482 He seems very personable when I met him, I thought it was very interesting when he got up and met me at the door, Trell explained.
483 Panish asked Trell if it was appropriate for AEG to use derogatory terms to refer to an artist.
484 I think people have their own impressions, and thoughts and feelings about Michael Jackson, Trell explained.
485 I may not necessarily agreed with some of the life choices he made, he said, adding "I won't forget meeting him that day."
486 Email on 1/28/09 from Gongaware to Phillips: MJ still on today, right?
487 Panish noted the contract signing was on the 28th and not 26th as Trell referred to.
488 Panish: You were wrong about that, sir?
489 Trell: I was wrong about the signing date
490 I didn't have the date necessarily in my calendar, I didn't have the date in front of me, Trell explained.
491 I don't believe he was misrepresenting the truth. It was Wednesday 28, not Monday the 26, Trell said.
492 From Phillips to Gongaware, cc'd Trell: 5pm at 100 Carolwood Drive. You and Shaw should be there
493 From Trell to Ted Fikre (attorney on the board of AEG) on 1/28/09 FYI…
494 From Fikre to Trell on 1/28/09, in response, three minutes later "Does this mean you get to meet the freak?"
495 Fikre is the general counsel for AEG, Panish said.
496 Panish: And this is the kind of respect your lawyer shows to the artist referring him as a freak?
497 Trell: You have to ask Mr. Fikre
498 From Trell to Fikre on 1/28/09 "Apparently. Not sure how I feel about that. Interesting for sure, but kind of creepy."
499 Panish: Have you ever told Mr. Anschutz that his general counsel at AEG referred to MJ as a freak?
500 Trell: No
501 Shawn Trell will resume testimony tomorrow at 9:30 am PT. Paul Gongaware will follow as soon as Trell is done.

Thursday May 23, 2013

502 Hello from the courthouse in downtown LA. Day 17 of Jackson Family v AEG wrongful death trial under way. AEG's Shawn Trell on the stand.
503 Katherine Jackson and daughter Rebbie are present in the courtroom. Brian Panish continues examination of AEG VP/General Counsel Shawn Trell
504 Trell said when he met Michael Jackson in January of 2009, the singer didn't appear to be in pain.
505 I approximate the number of tours I've been involved in to be about 100, Trell testified.
506 Trell said AEG has done other smaller productions as promoter and producer, only on two occasions for singers (Prince and MJ).
507 We promoted and produced Prince's 88 tour, Trell said.
508 Panish: Is that a yes, one time you did promote/produce a tour?
509 Trell: Yes
510 Panish said Prince's tour did not go well.
511 I wouldn't agree with that statement, Trell said. "I've never spoken to Prince, ever."
512 Trell said AEG never hired physicians for tours before.
513 Trell said he didn't know if AEG has a written contract with attorney Kathy Jorrie, who drafted Dr. Murray's contract.
514 AEG did not deduct any payment from Jorrie for making mistakes in the contracts, Trell said.
515 I think Mr. Jackson asked us to engage his (Dr. Murray) services for him and his family on the tour, Trell explained.
516 We weren't aware of a conflict of interest, Trell said.
517 Panish: Do you believe a threat to lose $150,000 month could exert pressure on anyone?
518 Trell: I don't know that
519 Panish: You, AEG Live, could've said you should hire your own doctor with your own money, right?
520 Trell: Yes
521 As to Dr. Murray's contract, Trell said it was prepared by AEG Live attorneys and never sent to any attorney representing MJ.
522 I believe there were three or four drafts, Trell explained.
523 Panish: Did Dr. Murray sign and fax back the contracts?
524 Trell: Yes, he did.
525 As to mistakes in contracts, Panish said there were a lot made in several contracts. He highlighted a few of them.
526 Panish: How many shows were in the tour?
527 Trell: In the tour agreement, 31.
528 Panish: But you sold tickets for 50 shows?
529 Trell: The agreement contemplated in excess of 31, based on artist's approval.
530 Trell said he didn't have written approval from MJ for 50 shows. "But you wanted to get fully executed contracts right sir?" Panish inquired
531 Trell said he never reviewed any of the drafts of Dr. Murray's contract because Jorrie was handling the negotiation.
532 Trell explained that before AEG were to sign the final version, though, he would've reviewed everything to make sure there were no mistakes.
533 Panish asked if Trell knew Randy Phillips talked to Dr. Murray for 20 minutes on the phone.
534 I'm aware he had spoken with him, but didn't know the length of the calls, Trell said.
535 Panish asked if MJ ever signed a release of authorization for Randy Phillips to speak with Dr. Murray. Trell said he was not aware of one.
536 Panish asked if Trell thought it was ok for Phillips to speak with Dr. Murray alone. He said it depends on the substance of the conversation
537 Panish: About their physical conditions?
538 Trell: I don't know that. I think it would depend on the nature and substance of the conversation.
539 If they are talking about generalities, Trell said he doesn't think there's need for an authorization that Panish was talking about.
540 Panish: Are you familiar with HIPPA?
541 Trell: I'm generally familiar with it, but don't know what the acronym means.
542 Panish: You have no idea what the law allows what a physician can discuss or someone can ask about a patient's condition, sir?
543 Trell: Yes
544 Panish: Do you know if Mr. Phillips ever threat Dr. Murray?
545 Trell: No, I don't know that.
546 Panish referred to the email from Gongaware on June 14, 2009 saying AEG was the one paying Dr. Murray's salary and what's expected of him.
547 Panish: Is it a conflict of interest to tell a doctor you are paying how he needs to treat his patient?
548 Trell: I don't know if that would rise to a conflict of interest. There are facts and circumstances that would bear on this.
549 As to independent contractors, Trell said the indemnity provision is always included in the agreements.
550 Panish: That's because it's your job to protect the financial interested of the company, rights?
551 Trell: It's part of my responsibility, yes
552 Panish: Isn't it important to put everything in writing, sir?
553 Trell: Not necessarily, I don't think you can put everything in writing
554 Trell said he doesn't expect the CEO of a company to know everything within the company, as Phillips wrote that they 'checked everyone out'.
555 Trell said the people whom AEG contracted are either known to them, to the artist or in the business.
556 Trell said AEG had a management agreement with Dr. Tohme, a management agreement.
557 It was an agreement between us and Tohme regarding the service he would render on the tour, Trell said.
558 It was a fee for whatever services MJ wanted him to perform according to the agreement, Trell explained.
559 Panish asked if Dr. Tohme was an employee of AEG.
560 Trell: He was not an employee
561 Panish: Is he an independent contractor?
562 Trell: He's a party to an agreement
563 Panish pressed Trell for an answer, since he testified people working on the tour were either employees or independent contractors.
564 It's hard for me to describe, he was not an employee, and not independent contractor either, Trell.
565 Panish showed an email where attorney Kathy Jorrie expressed reservations about Dr. Tohme.
566 Jorrie questioned if he was the "real McCoy", meaning the real deal, and recommended a background check to be performed.
567 Did you perform background check on Dr. Tohme?
568 Trell: No
569 Trell said there was no reason to believe Dr. Tohme wasn't telling the truth when he said he represented Michael Jackson.
570 Trell: I don't know what she meant with the reference to "real McCoy".
571 Trell said he saw Dr. Tohme call MJ numerous times about the tour.
572 Email on 6/23/09 from Timm Wooley to Bob Taylor (insurance broker): Kenny Ortega has responsibility only for the show content and structure
573 Email cont'd: Randy Phillips and Dr. Murray are responsible for MJ rehearsal and attendance schedule.
574 Email cont'd: Looks like there might have been an issue in Kenny Ortega either not being demanding enough.
575 Timm Wooley's statement is inaccurate, in my opinion, Trell said, but agreed he never spoke with Wooley about it, never saw it before.
576 Meaning MJ showed up whenever MJ wanted to, Trell opined.
577 I testified that I was inquiring of ways that might be available to breach the gap, Trell said about looking for additional insurance.
578 Trell doesn't know the exact number of the tickets sold. Estimating 15K seats for each of the 50 shows, Trell said it was about 750K tickets
579 Trell testified the venue typically holds the money of the sold tickets. In this case, AEG was the owner of the venue, withheld the money.
580 Panish asked Trell if he knew Randy Phillips threatened to take away Michael's house if he didn't perform.
581 Defendant's attorney asked for a sidebar. They claimed Panish was misrepresenting the evidence. After the sidebar, they changed subject.
582 Trell said he didn't know how much MJ's assets were worth. He agreed they were underinsured for the tour.
583 Email from Ortega to Phillips on 6/20/09 at 2a: My concern is now that we have brought the doctor in the fold
584 Email cont'd: and have applied tough love, now or never card, that the artist may be unable to rise to the occasion.
585 Panish: Was MJ pressured psychological and needed to be checked?
586 Trell: I don't know that.
587 This is the same email showed yesterday where Ortega said MJ was frightened that everything was going to go away.
588 I don't know why Kenny was referencing that, I don't know about mention of ending the tour, Trell said.
589 Panish: Was Mr. Jackson feeling pressured?
590 Trell: The email says he was frightened, it doesn't say he was feeling pressured.
591 I have no idea what he felt, Trell said.
592 Panish: No one ever pressured him, right?
593 Trell: That's my impression.
594 Trell said he doesn't think AEG was under pressure to lose $34 million. "It was Michael Jackson's obligation to us."
595 Panish: Have you ever lost $34 million before?
596 Trell: No
597 Panish: Were you concerned?
598 Trell: There's always a concern
599 The agreement was the tour agreement, Trell said, where it contemplated it could be expanded based upon artist's approval.
600 Katherine Jackson exited the courtroom in tears. She became emotional  when Panish asked if MJ was being pressured.
601 Rebbie exited hugging Mrs. Jackson in the hallway. Katherine was crying, took off her glasses, wiped his eyes.
602 We're now at lunch break, which is almost over. Trell resumed on the stand shortly.
603 Before jury entered, Judge Palazuelos said she wanted to address defendant's inquiry that's plaintiff is taking too long examining Trell
604 Judge said defendants chose Trell as person most qualified to speak on behalf of the company in 24 areas, so it takes time.
605 Katherine Jackson didn't return in the afternoon. Only Rebbie was present. We were told Mrs. Jackson is too upset.
606 Brian Panish asked Trell if to work for AEG Live a person needed to have an executed contract.
607 There are employees that are hired by AEG who don't have contracts; they are at will employees, Trell explained.
608 Panish asked Trell about several people who worked for AEG but didn't have fully executed contracts.
609 Panish: You told us every person who got paid had fully executed contract, right?
610 Trell: That's my impression
611 Panish said he wants to show all the unexecuted contracts as June 25, 2009.
612 Orianthis Panagaris
613 Alfred Dunbar
614 Michael Bearden
615 Email said: "Contract still under negotiation. Timm gave verbal Termination notice"
616 Panish: Did everyone who were paid for TII tour without fully executed contracts?
617 Trell: I don't recall
618 Email on 6/19/09 from John Hougdahl to Randy Phillips: My laymen's degree tells me he needs a shrink to get him mentally
619 Email cont'd: prepared to get on stage and then a trained to get him in physical shape... (Kobe's should be available)
620 Email cont'd: I have watched him deteriorated in front of my eyes over the last 8 weeks.
621 Email cont'd: He was able to do multiple 360 spins back in April. He'd fall on his ass if he tried it now."
622 John Houghdahl was the stage manager of "This Is It" tour.
623 Trell said Phillips never told him about this email.
624 This email is an indication from Houghdahl to Phillips that he feels that way.
625 Panish: Were you trying to stall Dr. Murray in getting a contract?
626 Trell: Me?
627 Panish: You and AEG
628 Trell: Not to my knowledge
629 Email on 5/26/09 from Timm Wooley to Brigitte Segal: Brigitte, Any joy with an agreement for Murray to sign. He's pinging on us for payment
630 Email cont'd: but we can't without a contract in place. Would like to stall him with something for him to look at & mull over.
631 Brigitte dealt with the housing in London.
632 No, we did not have sickness insurance coverage that day, Trell said.
633 The insurance would be one way MJ's company would repay us, Trell explained. Panish said there's a lawsuit pending regarding the insurance
634 AEG is no longer a party in the insurance last, Panish said.
635 Trell: We were dismissed from the case because we don't have a financial interest.
636 Panish: Do you have anything in writing authorizing you to extend the tour to 50 shows?
637 Trell: Yes, we have the verbal approval
638 Panish showed Trell the contract with MJ and the provisions showed any change needed to be in writing.
639 Panish: Do you have anything in writing from Mr. Jackson for costs in excess of $7.5 million?
640 Trell: No
641 On April 14, 2009, Michael Jackson wrote a "Notice of Revocation of a Power of Attorney" that Tohme was no longer representing him.
642 As of May 5, 2009, Trell was made aware of MJ's request regarding Dr. Tohme, Panish said.
643 We would not pay on an agreement until there was a fully executed agreement, Trell said.
644 Tohme signed a letter on 6/28/09 on behalf of MJ's company approving the expenses of $34 million to go to Jackson's estate.
645 Panish: Do you deny telling Mr. Taylor before MJ died that AEG employed Dr. Murray at the request of MJ?
646 Trell: I don't recall
647 Jessica Bina did re-cross of Trell, who said Dr. Murray's agreement required medical licenses both here in the US and in the UK.
648 He also needed proof of insurance, Trell said. If Dr. Murray didn't provide them, there were grounds for termination of services.
649 Bina: Did AEG Live ever provided him with medical equipments?
650 Trell: No. Two reasons: the agreement never went into the effect
651 And had it come to existence, Trell said, the equipment would've been provided in London.
652 Equipment requested: CPR machine, saline, catheters, needles, gurney and other mutually approved medical equipment necessary for the Services
653 Trell said Bearden's contract was eventually fully executed. It was under negotiation when MJ died.
654 No contract needed MJ's consent and signature, except for Dr. Murray, Trell testified.
655 Bina: Does the fact that you are negotiating means you have a contract?
656 Trell: No, it's just that, negotiation
657 Bina: Does the agreement have to be in writing to exist?
658 Trell: Yes, of course
659 Bina: When did you have an agreement with MJ?
660 Trell: As of January 28, 2009
661 Trell said he didn't know if MJ and Dr. Murray talked about the contract. He said he didn't know whether MJ was going to sign it.
662 Trell said there were dozens and dozens, North of 50 contracts done in "This Is It" tour.
663 Contract: Artistsco hereby per-approves thirty one shows or such greater number as agreed by artistco and promoter.
664 Trell said there was an ongoing discussion about the expenses incurred to mount the show; impractical to get everyone's signature.
665 As to the expense report sent to the estate and approved by Dr. Tohme, Trell said Frank DiLeo also signed it.
666 Bina showed a document from DiLeo saying he was MJ's manager from March 2009 until his death.
667 "For instance, MJ asked AEG Live to retain services of Dr. Murray as his personal physician," DiLeo letter said.
668 Trell said DiLeo was acting in some management capacity for MJ.
669 Bina: Did anyone ever tell you MJ had not approved the costs for TII tour?
670 Trell: No
671 As to Dr, Murray, Trell said he didn't feel there was a conflict of interest, the interest of all three parties involved were the same.
672 There were no inconsistencies in the agenda, Trell said.
673 Second, even if the agreement was in place, effectively MJ was hiring Dr. Murray, just using our money, Trell said.
674 We had entered into a multi-faced, multi-year agreement with MJ and wanted nothing but for it to be successful, Trell testified.
675 The Michael Jackson company, in first instance, would be responsible to pay the money. Then MJ had guaranteed it, Trell testified. [VMJ: So Michael as an individual was also responsible with his assets]
676 Trell said that if MJ had any royalties, AEG would have rights on it to recoup the money, but couldn’t take interest in his music catalogue.
677 Bina played deposition from Trell were he said he didn’t supervise people who performed personal services, like hair and make-up artists.
678 His job, Trell explained, was to supervise the what-you-see-on-stage.
679 Bina talked about Hougdahl’s email. She asked if it mentioned drug abuse, medication, anesthesia. Trell said no.
680 The email, Trell said, had to do with MJ being mentally prepared and  about a trainer to get him in shape.
681 Trell said HIPPA law is an intent to protect a patient. He doesn’t have any more knowledge about it.
682 Bina: Did Mr. Phillips say he discussed treatment of Mr. Jackson with Dr. Murray?
683 Trell: No, not at all
684 Bina: Did Mr. Jackson to your knowledge died from being too skinny?
685 Trell: No
686 Bina: Did Mr. Jackson died from being sick?
687 Trell: No
688 Trell said AEG Live never supplied any equipment or paid for any drugs given to MJ.
689 Bina: What was MJ’s cause if death?
690 Trell: I believe it was acute Propofol intoxication, given by Dr. Murray in MJ’s bedroom.
691 Panish, in re-re-cross:Did you know AEG paid Frank Dileo $5 million after MJ died?
692 I don’t recall me being involved in approving such payment, Trell testified. Panish showed emails regarding DiLeo’s revised payment
693 10/13/09 from Shawn Trell to Rick Webking: Approved $5 MM bucket
694 $50k payment to Frank would have to do with motion picture, Trell said. It would be taken out of the 5 million dollar bucket.
695 That does not mean Frank was paid $5 million, Trell said, explaining DiLeo was paid $50,000 but he didn’t know what for.
696 Regarding the approval of TII tour expenses:
697 Panish: You had no signature before Mr. Jackson was dead?
698 Trell: Correct
699 Panish: You took the position, to satisfy the contract, that DiLeo and Tohme could sign after MJ was dead, yes or no?
700 Trell: Yes
701 Trell said Dr. Murray’s expenses were included in the expenses DiLeo and Tohme approved.
702 I’m not aware of any payments to Dr. Tohme, and only aware of $50,000 to Mr. DiLeo for something related to the movie, Trell said.
703 Of course Michael Jackson was necessary for a MJ tour, Trell explained. “It’s his show, it’s MJ show, he’s the most important person.”
704 Trell said he doesn’t recall anybody else, other than Dr. Murray, at the rate of $150,000.
705 Panish: Did Randy Phillips ever call your doctor to see how you’re doing?
706 Trell: No
707 Judge ended the session and excused Shawn Trell, subject to recall if needed. Paul Gongaware takes the stand on Tuesday morning.
708 There will be no trial tomorrow. It was agreed upon in the beginning that court would be dark tomorrow due to Memorial Day holiday.
709 We’ll be back with complete coverage on Tuesday. Hope to see everyone here. Have a great weekend and safe holiday!
710 For all the coverage, watch @ABC7 Eyewitness News and go to http://www.abc7.com

Filed under: AEG THE HORRIBLE, Jacksons vs. AEG Tagged: AEG, Conrad Murray, Julie Hollander, Michael Jackson, Shawn Trell

AEG vs. Jackson trial Day 14. Julie Hollander of AEG Live or why we need full transcripts of the trial

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The tweets from the trial all of us wholly depend on are a great help of course, but they can’t be compared with the full transcripts provided by the heroic TeamMichaelJackson site. Even a brief look at those transcripts gives some understanding of how fierce the fight is and how rosy a picture AEG is painting of the ugly business they were making on Michael Jackson.

I don’t claim that I am able to grasp all the intricacies of the fight however some things did attract my attention, so let me point out at least those I’ve noticed to make the job easier for others.

But first let me say that without TeamMichaelJackson’s transcripts no analysis of the trial would be possible at all as by now it has become clear that we cannot rely on the slanted and limited information provided by the press. Taaj of TeamMichaelJackson is putting down the testimonies in shorthand and then a couple of volunteers  type the whole thing, and this is done on a daily and even nightly basis.  I don’t know how long they will be able to survive at such a heroic pace, so if anyone is ready to help please go to their site and donate so that they are able to buy at least some transcripts.

We really need this tremendous work to be continued for the sake of the truth. Here is TeamMichaelJackson’s message:

LET’S HELP THEM SO THAT THEY HELP US

URGENT MESSAGE, PLEASE SEND AS “GIFT” “SENDING TO FRIEND” so we get 100% of your donations, or use this email once you have logged into your pp a/c manager@teammichaeljackson.com

We here at Team Michael Jackson are coming to you all, with a most sincere request, because we truly need your support and assistance. As you know… our founder has been in court every day since jury selection began on April 2nd 2013. Jury selection was close to a month and each day she was there reporting and letting us know about the true unedited process, of selecting a group of peers that will together decide the fate of this case. We learned about the jurors, and the reasons why those that were released were and those that appeared for the Plaintiff as well as the Defense. We all received up to the minute reports, about the attorneys… the judge… and their position. Our founder has now taken us inside, when the world’s request for cameras to view justice were denied. We have all come along vicariously in numbers, on this journey into the next phase of Justice For Michael. Our founder’s reporting has been the most comprehensive on the web and in the media to date.

You will not find any complete coverage of the opening statements or of key testimonies, in the Jackson vs. AEG Civil Trial nowhere…except for on our site TeamMichaelJackson.Com

This tireless work is done for Michael his Children his Family and his Fans out of Love, for there is absolutely no other reason, to endure such a huge undertaking. It takes a great deal to bring us all, the verbatim testimony posted on our site and via live coverage thru tweets, during this trial in real time. How she does it you may ask…our founder is trained in shorthand and for this trial specifically, adopted a form of short hand that has allowed her to take notes in court each day. Court begins between 9 and 10 am and concludes by 4 pm, Monday thru Friday…unless otherwise noted. When our founder is done with typing up all the notes, there are literally upwards of a hundred pages and this is per day.

There are only two admins, who can’t be in LA, that assume our duties by transcribing all the notes and with the time zone differences, it can become difficult to coordinate at times. This process our founder also a part of… As she too…for many hours into the night, after court has ended, is up along with us transcribing. There has been missed days of work, rescheduled appointments and changes of lifestyle… all to do this. Love and only Love drives us, motivates and gives us the energy to do this. We will do this for as long as it takes.  We have no more volunteers available, as they have dedicated the most time that they could and we appreciate them tremendously. In light of this, for the past few weeks, our founder has been doing this ALL on her own. It’s very difficult for one typist to take in the full breath of a full day in court and accurately type Directs Cross Examines Redirects and Witness Answers along with Side Bars…yet our founder manages to get this done.

We are asking that you assist us with donations, so when our founder is not able to be at court we can purchase transcripts, or so she can rest now and then also. There has been so much that has been exposed and we have all benefited in this knowledge. If it were not for the daily efforts, that are taken place in court each day, sadly we would all be in the dark. This trial is too important, exposing the truth about what happened to Michael too necessary….to be without. We need full coverage, verbatim… as we have been giving, not just the summarized tweets, so that we all can have full comprehension of what’s truly occurring the courthouse. They wanted to keep us out, you me and the world… Yet we are all present and accounted for. This trial will last at minimum 6 months and we want to bring you coverage for the entire length of the trial. We need this, just as much as you do… There will be days when the founder can’t be there or must miss a portion or have just simply worked herself to pure exhaustion… yet Justice For Michael will always and has always come first. One Woman though, simply cannot do this on her own, it’s much too great to ask… So Family we need your help. On some days we wish to purchase transcripts, which go into the hundreds
Donate whatever you can…no dollar amount is too small. We have already been contacted privately, by those wanting to support, asking how they can assist. We would never come to you if this were not a serious matter. We have operated independently for many years and have freely publicly shared information for education and discovery. Transcripts are up on our site, that pertain to many facets of this quest for justice. Help us continue to provide this information, so that the world becomes aware of what happened to Michael, so that they are aware of those that acted in collusion to take him away. We need to have this trial covered, it is too important not to. We will always be here for Michael and his Mom…Children and Siblings and extended family. We will continue to cover the trial in the best way that we can. Donations or not… we will never abandon Michael. However, at this time we humbly ask that you please help us!

We have a contact button or our site, payments are only accepted via paypal

http://teammichaeljackson.com/archives/8530

My huge thanks go to the TeamMichaelJackson as without them learning the truth would be impossible.

DAY 14  May 20, 2013

Julie Hollander

AEG Live Vice President of Event Operations Accounting

By now TeamMichaelJackson has posted several testimonies of the AEG people – Julie Hollander, the AEG controller and Vice-President and the first parts of Shawn Trell’s  and Paul Gongaware’s testimonies.

Reading Trell made me realize the importance of some of Julie Hollander’s statements and this is why I need to start with her first. As I have to retype the testimonies the post will have only some excerpts from Julie Hollander and my short comments on them. The full transcripts of her three days of testimony are found here:

Day 1 http://teammichaeljackson.com/archives/8446

Day 2 http://teammichaeljackson.com/archives/8491

Day 3 http://teammichaeljackson.com/archives/8481

The behavior of this witness was called by TMJ ‘extremely stroppy’ . Dictionaries explain stroppy as  ”hard to deal with, angry, unruly, impudent, belligerent” and I also thought the same of her when in answer to Panish’s question about some additional exhibits in her deposition she said “I didn’t sit there and count them”.

I will  start with her telling us that some people who worked with AEG for the This Is It tour did not have proper contracts, but were nevertheless signed in and paid by AEG after Michael’s death.

WORKING WITHOUT A CONTRACT WAS AEG’S NORM

Hollander mentioned two of them – Travis Payne and Karen Faye. It struck me that the key people who worked without a contract with AEG were those who were coming from Michael’s side (Travis was Ortega’s protégé and Ortega was invited by Michael too).

Since both Payne and Faye were working on the tour since April 2009 I wondered why AEG didn’t make a contract with them for more than three months and the matter had to be formalized after Michael’s death. The only reason I see for it is that lack of the official contract was used by AEG as a leverage  to make these people more ‘obedient’ and easy to control.

Now we know that with Travis Payne this policy worked while with Karen Faye it did not.

Q. Ma’am isn’t it true some people worked, then signed contract later, they got paid.

A. That is correct.

Q. Do you know Travis Payne?

A. I know him as part of cast and crew.

Q. Did you know he had a contract with AEG?

A. Yes.

A. Do you know he worked without a contract?

A. I don’t know who worked without one. As far as payment would have happened would have been after services were rendered.

Q. If a person performed their duties they were paid afterwards without a contract.

A. It’s not my place to know that.

The fact that Payne and Faye worked without a contract has a direct bearing on Conrad Murray.

His situation was exactly the same – he was also recommended by Michael Jackson, had to work without a contract and same as with Payne and Faye his contract with AEG also said that he was to perform the services reasonably requested of him by the Producer (and not the Artist).

The only difference is that Murray’s contract supposedly had a clause about the need for Michael to sign it, but this is all. Oh, I forgot one more difference – Conrad Murray was not paid by AEG while Payne and Faye were.

Since Conrad Murray was not paid during the whole period while he was working the non-payment leverage factor used by AEG for easier manipulation of people applies to him perfectly well too.

All these people were called by AEG ‘independent contractors’. When Panish compared Conrad Murray with the other independent contractors AEG consistently objected and Hollander gave extremely evasive answers:

Q. In your deposition it reads, IF AN INDEPENDENT CONTRACTOR PERFORMS HIS/HER SERVICES ON THE THIS IS IT TOUR, WOULD YOU EXPECT AEG TO PAY THAT CONTRACTOR?

A. TYPICALLY YES… WE WOULD PAY

Q. Dr. Murray was a Doctor performing his services to Mr. Jackson.

AEG: Objection. Overruled

Q. There is no reason when they wouldn’t pay his or her obligations. Dr. Murray was the Doctor performing his services for Mr. Jackson.

AEG: Objection. Overruled

A. My understanding was that Dr. Murray was part of the budget, his services were listed on the budget for the tour on request of the artist.

Q. So you don’t have any understanding of whether Dr. Murray performed any services?

A. I was in the accounting department, I can’t say for sure, not me personally.

Panish: Do people work for AEG without fully executed contracts?

A.Yes, they may start work on general terms.

For the second day of Hollander’s testimony we have no transcript but a summary from TMJ. Panish asked Hollander about the AEG practice to make people work without a contract:

“She stated that it was standard AEG policy that no payments be issued without fully executed contract – and that the contract could get executed at a later date.

Panish said people did the work before Mr. Jackson died, but got paid after he died.

A.I don’t recall specifics.

Hollander said there were people who had contracts renegotiated after Michael Jackson’s death. She said AEG renegotiated contracts after Michael died so as to ‘mitigate the burden on the Michael Jackson Estate’.

Hollander: “People commence work before their contract is executed, yes.”

Q. So based on this provision, you pay before or only after the contract has been executed?

A. Only after the execution of the contract.

Stebbins: Let’s turn to last page of the contract.

Hollander: Ok.

Q. This here at the bottom, Ms. Hollander we talked last week about contracts being negotiated and the paperwork being done after, do you remember

A. Yes.

Q. Now there were people working without a contract that had been fully executed, like Travis Payne and Karen Faye.

A. Yes.

Q. Was there anyone else working without a contract that had not been fully executed yet, because there was no signature, like for instance Mr. Jackson.

A. No.

The policy of delaying people’s contracts enabled AEG to be selective in choosing whom to pay and whom not to pay. All unsigned contracts are considered by them ‘not executed’, however to some people they do pay and to some they do not. I wonder on what basis they were making their selection in the This Is It case?

To Murray they chose not to pay:

A.I am using draft because the contract is not executed, meaning all parties didn’t sign it.

Q. If Mr. Jackson didn’t die and he signed the contact and AEG signed the contract, Dr. Murray had already signed the contract… AEG would owe Dr. Murray money, right?

AEG: Objection. Overruled.

A. If all parties signed the contract, it would have been a fully executed contract and I would have to have, it those costs were approved. There’s no reason why wouldn’t have paid Dr. Murray.

Let me ask a question at this point. From the follow-up tweets we learn that Frank Dileo made a sort of a declaration about Michael’s ardent desire to take upon himself all production costs and this is why the Estate paid to AEG $40 million in their compensation.

Why didn’t Dileo make a similar declaration about Michael’s desire to sign Murray’s contract so that AEG should pay him too? It’s obvious that AEG never wanted to pay him anything at all as non-payment seems to be another of those ‘standard AEG  policies’.

Timm Woolley who was creating AEG’s budget for the tour included Murray’s salary of $300,000 for two months into their budget which automatically turned Murray into an independent contractror having a deal with AEG (and not Michael Jackson):

Q. Now, the only reason why you say this is draft contract for Dr. Murray is because no one on behalf of AEG had signed it?

A.I say that because Mr. Jackson didn’t sign it.

Q. Mr. Jackson was dead and could not sign.

A. Yes.

Q. Do you have any evidence that Dr. Murray didn’t work for Mr. Jackson after being retained by AEG…

AEG: Objected by Stebbins: states Dr. Murray was hired by AEG. Overruled.

A.I have no evidence to the contrary.

Q. In the budget you included $300,000 to pay to Dr. Murray.

A. I did not.

Q. I am sorry. Mr. Woolley created the budget, per AEG’s agreement with Dr. Murray for the current budget at the time for $300,000 because the doctor would be paid $150,000 a month. This was for two months’ pay and the contract was finalized in June.

A. There was $300,000 allotted for Dr. Murray.

Q. And that was approved by Mr. Gongaware.

A. Yes, that eventually would have been approved by Mr. Gongaware.

Break.

Side note: Witness looks extremely stroppy! Witness is not being truthful, it’s evident to many.

With the AEG people and their lawyers you never know what to expect and in this connection the activity the Jacksons’ lawyer Brian Panish noticed in the hallway during the break is very interesting:

Q. Ms. Hollander is this notebook of documents which you reviewed before coming to testify in court today?

A. It appears to be.

Q. I added them all up, there seems to be 80.

A. We flipped through it.

Q. A few have been removed? Did you know if there are any you didn’t review?

A. Yes, some were blank.

Q. And when you were in the hallway counsel removed some. I saw that.

A, Yes.

Q. Do you know by looking through here which ones were removed?

A. That I cannot answer.

Ms. Stebbins: I removed the ones the witness didn’t see.

Panish: I was standing right outside the door, I saw exactly what was happening.

Stebbins: I represent I gave to Mr. Panish every document the witness reviewed.

Judge Palazuelos: Some were blacked.

Stebbins: Now they are in full

Panish: Your honor…

Judge: Let’s keep going.

Okay, let’s keep going. The next point is who Michael’s advances were actually paid to – directly to Michael or to someone else.

This is no small matter though it may look like one at first sight. In accordance with the AEG/Michael Jackson contract out of the $5million paid as an advance to Jackson, $3million was going directly to the 2Sea Records company to settle the lawsuit of the Prince of Bahrain (paying him was a condition set by AEG) and the remaining $2million was not given to Michael personally but was remitted to Michael Jackson Company LLC where Dr. Tohme Tohme was President (or at least he said he was).

This point always worried me very much – Tohme could easily dispose of the sums as he was holding Michael’s general power of attorney and this is probably why I remember so well to whom the money was remitted though I am no  controller of AEG.  Hollander is, but she says she does not remember a thing:

Q. AEG made advances at least once to Mr. Jackson during preparations for the This is it tour.

A. Yes.

Q. These advances were paid directly to Michael Jackson?

A. I don’t know. I don’t have a recollection as to who the payee was

Q. Was there advance paid to Michael Jackson, yes or no?

A. They were paid on behalf of, in effect to Mr. Jackson. I’m not trying to give an evasive answer

Q. AEG Live paid advance to Mr. Jackson. Yes or No.

A. Yes, but they are recoupable at some point.

Q. There were also advances paid to others that AEG wanted to get back from Michael Jackson.

A. Yes.

Q. And this is a cost, not advance.

A. Yes.

Q. And if it’s cost not an advance, it should be reported as so, not an advance

A. Yes.

Q. Otherwise it would not be done correctly.

A. Correct.

Q. Cost would be something AEG would incur and pay, correct?

A. Yes.

Q. And they don’t get paid back from the artist, do they?

A. It depends on the situation.

All this talk about ‘cost’ and ‘advances’ looks boring and surely confused you so let me explain. The money to be paid to Murray was production costs and this is very important to remember.

COSTS OR ADVANCES – WHAT DOES IT MATTER?

Though at first sight there is no big difference between costs and advances as both seem to be Michael Jackson’s responsibility (if we are to believe AEG of course), the differentiation between these two is extremely important. You cannot even imagine how important it is.

On her second day of testifying Hollander explained to Stebbins what an advance is:

“Stebbins asks Hollander what is an advance. Hollander said it was like a cash advance and – depending on the contract – it would be paid back by the artist.”

Since both advances and costs were turned by AEG into Michael’s responsibility most people will probably say – what does it matter if both of them were to be paid by Michael Jackson anyway?

But this will be more or less true only if Michael indeed was to cover production costs and if he really agreed to pay them.

However from further tweets we learn that AEG did not receive any written consent from Michael Jackson to cover production expenses, and this makes us suspect that the production costs were most probably AEG’s responsibility and in case of cancelling the tour were to be covered by the insurance.

What’s important here is that the expenses were not Michael’s and that AEG is most probably lying here.

As to Conrad Murray the matter of his salary being a production cost is a truly fundamental one.

If production costs were AEG’s responsibility and Murray’s salary was part of those costs, it means that not only AEG hired Murray but they were to cover the expenses on him too. If the tour was cancelled the cost of his services was to be reimbursed to them by the insurance policy.

It also means that Murray was fully AEG’s responsibility -  same as Travis Payne, Karen Faye, Kenny Ortega and other independent contractors who were also brought into the project by Michael Jackson. And the fact who brought who into the project does not matter here at all.

Paying to Murray was actually what AEG bosses most probably even wanted themselves as allowing Michael to pay the doctor could not give AEG a chance to monitor and control him. They had a chance to make the doctor fully independent of them but they never used the chance. To do so all they needed was include Murray into Michael’s advances and this is why the difference between advances and production costs matters so much.

If they had given Michael a bigger advance and said that he pays to his doctor himself they would have really made the doctor fully independent of them and they would have really washed their hands off everything he was doing  to him –  but they never did it that way.

In terms of overall expenses advancing Michael more money for Murray would be exactly the same as now they say that both sums (advances and production costs) were to be returned by MJ anyway. If this was indeed so for AEG it would not really make any difference if  they first gave Michael $300,000 more and then spent $300,000 less – the money spent would be exactly the same.

But from the view of controlling Murray it made all the difference in the world. To adjust his behavior AEG  needed a payment leverage to apply to Murray and therefore they were even interested in keeping Murray on their payroll. It is like keeping a carrot in front of a donkey to make it going, and it does not absolutely mean that the carrot will be finally given as promised.

This is why AEG chose to draft a contract between themselves and Murray, specify there that he was to provide only the services “reasonably requested by the Producer”, include the costs on the doctor into their budget and … never showed the draft of the contract to Michael Jackson. 

If this contract was done for Michael Jackson as they say it was shouldn’t they have at least shown it to the person for whom they were supposedly doing it?

On the third day of Hollander’s testimony we find out that Michael Jackson did not see a copy of Murray’s contract with AEG (to be more exact Ms. Hollander had no idea of it). Panish also wanted her to admit that Murray’s expenses were classified as production costs because they were meant to be covered by the insurance policy but Ms. Hollander said that this matter “never came up”:

Q. Do you know if Mr. Jackson received a copy of Dr. Murray’s contract?

A. I have no idea.

Q. Didn’t you tell us the amount of compensation to be paid to Dr. Murray for his services, was approved by Mr. Jackson?

A. I state what was in the budget for the doctor and on his contract.

Q. So you are unaware of whether Mr. Jackson approved the amount of compensation for Dr. Murray?

A. I was told that it was put in the budget at the artist’s request, that’s all I know.

Q. So that means that Mr. Jackson did approve payment for Dr. Murray?

AEG: Objection.

Q. And you don’t have any clue as to why Mr. Woolley classified Dr.Murray’s fees as production or pre-production?

A. No, I do not know.

Q. No one told you it was because it could be covered under the insurance policy AEG were trying to get.

A. It never came up.

Judging by the transcript her testimony about the way Murray’s services were included into the AEG budget was quite a spectacle. Ms. Hollander evaded answers, argued with the court, made everyone wait for her answers and impeached herself by giving answers not consistent with her earlier depositions:

Q. And the first budget this was dated may 19th and was subject 16 of the email?

A. That’s right.

Q. So Mr. Wooley prepared subject 16 and sent 19th?

AEG: Objection

A. Based on the description I would concur yes.

Q. You didn’t answer. Did you speak to Mr. Trell about this budget allotted for Dr. Murray, yes or no…

* the court waits, witness thinks*

Mr. Panish: Let me ask the question again.. Did you speak to Mr. Wooley, about the 150,000 compensation for Dr. Murray being added to the budget”

A.I spoke to Mr. Woolley about the inclusions and my conversation with Mr. Trell we discussed Dr. Murray and it was …

* courts waits again* 

A. Yes, if you want to put that way he (Trell) was anticipated being a part of this project.

Q. So you talked to Mr. Wooley and Mr. Trell about inclusion of Dr. Murray in the budget?

AEG: Objection. Overruled

A. I talked to Mr. Wooley about the inclusion of Dr. Murray in the budget and would have talked to Mr. Trell about details of that.

Q. Did you discuss with Mr. Woolley and Mr. Trell about the inclusion of Dr. Murray in the budget or the details of it, yes or no?

A. In my answer I said I discussed with Mr. Woolley the inclusion, I don’t agree with the semantics.

Judge Palazuelos: You are saying yes or no.

A. I’m not trying to evade anything.

Judge Palazuelos: Play it (referring to Hollander deposition)

Q. Do you recall as you sit here now, ever telling anyone about AEG Live’s decision to include compensation for Dr. Murray into the tour budget?

A. Yes.

Q. And who did you talk to about that decision?

A. Tim Woolley.

Q. Anyone else?

A. Probably Shawn Trell… You know I am a person who has not been through this sort of thing before, I never said I didn’t speak to Mr. Trell, it was an honest answer then, it’s an honest answer now!

“Mr. Panish plays video recording of Ms. Hollander deposition, in the recorded deposition when Mrs. Hollander is asked “Did you discuss with anyone about including Dr. Murray on the budget for This Is It tour? She replied “Yes, Mr. Woolley and Mr. Trell”

Then Mr. Panish shows Ms. Hollander transcripts of her video deposition.

A.This is hard to read.

Q. OK I’m going to blow it up for you, you have seen this before.

A. Yes.

Q. You reviewed this all in preparation for your testimony.

A. Yes.

Q. Pre tour $300,00 and another $450,000 and this was as of May 16th 2009. This what Mr. Woolley sent to you and you passed it on to Mr. Webking who as you understand passed the approved inclusion into the tour budget on to Mr. Anschutz, right?

A. Ummm, yes.

Q. What number is this?

A. 430?

Q. Whose number is that?

A. That is Mr. Wooolley’s numbering system.

Q. Mr. Woolley created that code as identifier for medical management daily care.

A. Yes.

Q. And that medical management daily care was referring to Dr. Murray?

A. Yes.

Q. The first $300,000 was referring to Dr. Murray’s first month pay, right?

A. Yes.

Q. Then we also talked about $450,000 for Dr. Murray.

A. This only refers to $300,000

Q. As of, we have largely budgeted for Dr. Murray.

A. Yes.

Q. That was added after February 7th 2009?

A. Yes.

Q. That was the first budget update sent to Mr. Anscutz.

A. Which one?

Q. This one.

Q. Yes.

The date of February 7, 2009 made me wonder –  if they started discussing the expenses on Murray that early why couldn’t they decide the matter with his contract for half a year after that?

Other emails said that the matter of Murray’s compensation was already settled at the end of April 2009 and then on May 20:

“Panish shows Hollander a document from April 30, 2009. It lists ‘management medical’ for $300,000.”

“Panish shows an AEG Pre-tour Cost Projection document dated May 20, 2009. It states that AEG was to pay Conrad Murray $300,000. This was pursuant to the contract. The document shows that AEG budgeted to pay Murray for his work with Michael Jackson as ‘Pre-production cost”. Murray was not paid.”

So if I understood it right the first time the sum of $300,000 was added to the budget sometime “after February 7, 2009”, then it was listed as “management medical” in the budget at the end of April and on May 20th it was again budgeted as pre-production cost?

But if all this time they were including Murray’s salary into their budget why did they begin drafting a contract with him only some time in the middle of June as Kathy Jorrie said at Murray’s trial?

All of it looks like an intentional game played by AEG with their goals being totally different from those they declare openly and masked very well by the various pretexts they give for not doing things right.

DR. FINSKESTEIN AS ANOTHER CHOICE

Another incredible point that caught my attention is that following Mr. Panish’s questions Ms. Hollander had to admit that there was some kind of a choice between doctors and AEG was somehow involved in it.

The choice seemed to be between Dr. Murray and Dr. Finkelstein and we learn about it from the fact that she was “kept in the loop” (in the know) that the choice was made in favor of Conrad Murray. This was discussed between her, Gongaware, Philips and Webking and looked to me like an incredibly important matter.

It was broken on Hollander by Panish somewhat unexpectedly:

Q. And Dr. Murray was the only physician Mr. Gongaware for AEG Live had budgeted in for this This is it tours.

A. That’s correct.

Q. And this email is to Mr. Phillips and Mr. Webking, the controller and you’re the controller and Mr. Gongaware of Concerts West.

A.Yes.

Q. And this was sent by Mr. Woolley and what did he attach?

A. Well, it says, AEG O2 doc, that’s the description of the transaction. Which would be compensation for the doctor in London. It’s an explanation of difference between compensation in the US and the UK.

Q. And the purpose of this email was to keep you in the loop that it would be Dr. Murray and not Dr. Finkelstein.

A. Yes.

Q. So you were involved in the process, that’s you were on the email?

A. Yes.

Dr. Finkelstein is a personal friend of Paul Gongaware. As we know from Karen Faye’s testimony Dr. Finkelstein was one of the two doctors accompanying Michael on the Dangerous tour (the other doctor was the ‘insurance’ Dr. Forecast). Since the Dangerous tour was cancelled due to Michael’s need to go to a rehab the matter of prescribed drugs was common knowledge for everyone and especially Paul Gongaware as Finkelstein’s friend.

So if there was a selection between Dr. Finkelstein and Dr. Murray it means that AEG could easily guess what kind of treatment Conrad Murray was expected to provide to Michael. The only mistake they made was in the kind of the prescription drug but not in the matter of prescription drugs in general.

In short they knew (or supposed) that it should be something and the only thing they probably did not know what exactly it would be. They most probably thought that it was Demerol or another painkiller and they were absolutely ready for it. Moreover they probably even expected the doctor to do it.

And it must have been a big surprise for them, a really big surprise that Michael was not taking any painkillers at all.

Another side of this point is that if there was a choice between the two doctors the nomination of the doctor for the tour was not wholly Michael’s matter, was it?

What if AEG deliberately chose Conrad Murray over Finkelstein as his financial dependency on them and the payment leverage they could employ made Murray easier to control and more suitable for their needs?

HOUSES FOR THE STAFF AS MICHAEL’S RESPONSIBILITY?

In the next piece from the summary of Hollander’s testimony she says that AEG was to make payment for three houses for Bush, Faye and Murray in London, and this confirms that it was AEG’s obligation and not Michael’s.

Well, this is probably how they presented it to Michael and Michael might have indeed thought that his obligations were only to pay for his personal needs out of the advance received from AEG.

But the problem is that first Ms. Hollander says the three houses in London are AEG’s expense, then she confuses us by saying it was advance payment to Michael, and finally she agrees with Panish that if the expenses were real advances they would have been listed as such in the budget. But they were not. They listed them as production costs, and this as we’ve seen is something totally different.

So this way she admits that the expenses on accommodation were production costs and the productions costs were AEG’s. Conrad Murray’s salary is also included into production costs as it was not included in the advances:

AEG pays for entertainment arcade and bowling alley as a precondition in terms of what Michael requested at the Carolwood house as and part of the agreement.

AEG pays for 3 of the houses – for Bush, Faye and Murray (wardrobe dresser, makeup/hair and personal physician). Panish also exhibited several additional emails showing that other vendors were paid – including Karen Faye.

Michael Jackson pays for additional furniture, staff, security, nanny, food.

Gongaware responded on June 19, 2009: I agree with Timm’s allocation and the charges. Approved.

Hollander said it was pursuant to the terms of the contract that AEG must pay those costs relating to This is it tour – as an advance payment.

Panish: If the $300,000 was supposed to be advance for Mr. Jackson to be repaid, it would be listed under category ‘Artist’s Advances’

Hollander: Yes.

In reality Michael was evidently supposed to cover only the expenses on his everyday life (nanny, etc.).  But the expenses on independent contractors like Karen Faye, Bush and Murray and the cost of their accommodation in London were to be “paid” by AEG .  “Paid” comes in quotes because on the one hand Hollander says they were to pay, but as ‘advance payment’ to Michael, but these advances are not listed anywhere and all of it is production cost, so on and so forth. In short she gives evasive answers which do not really answer but only confuse.

On the other hand we still rememberAEG crying in each interview after Michael’s death how they had spent millions on the show and how huge their losses were and now they expected them to be covered by the insurance.

So when they were crying they were either lying to us that the expenses were all theirs, or they were not lying and the expenses were indeed theirs, only they later stealthily shifted all of them onto Michael and his Estate.

It is either this or that.

Now Ms. Hollander asserts that all (or almost all) Production costs were Michael’s responsibility:

Hollander testified that Michael Jackson was responsible for 100% of the production costs if the tour did not go forward.

And if the tour went forward, Michael Jackson was responsible for paying 95% of the costs – AEG would pay 5%.

Panish also very much doubs AEG’s information that Michael was responsible for the production costs, and under his heavy questioning the next witness Shawn Trell had to admit that they had no written consent from Michael Jackson to cover them.  This is why Tohme and Frank Dileo signed certain declarations about Michael very much willing to go into all that production expense and agreeing to cover it.

But over here Ms. Hollander ‘s testimony contradicts the point as it asserts that Tohme had no right to sign anything at all on behalf of Michael Jackson. Hollander says she was aware that Tohme Tohme was fired and had no right to sign anything on behalf of Michael Jackson.

And if the chief AEG controller knew it, it means that all AEG bosses knew that Tohme was signing a worthless document, however they needed at least someone to state that Michael was ready to cover all production costs:

“Hollander said she knew who Tohme Tohme was – and that she knew he had been let go at some point from duties as Mr. Jackson’s manager. Hollander testified she knew Tohme was terminated before Mr. Jackson died – and had no legal signing authority for Mr. Jackson.”

An interesting point, isn’t it?

Brian Panish showed Ms. Hollander a copy of the document sent to Michael’s Estate on October 21, 2009 stating all their expenses expected to be covered by the Estate (on the basis of those managers’ declarations). The sum was around $25mln. as production expenses (plus the money paid to Michael as advances).

The Estate audited it from the point of view of the accuracy of spending, but they evidently did not look into or dispute the fact that the production costs could not be Michael’s responsibility at all:

Q. Was this document sent to the estate of Michael Jackson?

A. Yes, to my recollection this was sent to Mr. Jackson’s estate.

Q. What was the purpose of sending this?

A. This kind of report was to provide the Mr. Jackson’s estate with and accounting of debts incurred and what had been paid in regards to This Is It and Mr. Jackson, up to the date of the report.

Q. You mean production cost.

A. Yes, production costs would be included in the report.

Q. What’s the date of this report?

A. October 21st, 2009

Q. Is this date after Mr. Jackson passed?

A. Yes.

Q. Here… this is the total cost of production that Mr. Woolley budgeted. What does it say?

A. $22,228,000 was the overall production budget.

Q. What was actually spent on production?

A. $24, 835, 011

Q. Is it fair to say there is a significant difference between what Mr. Woolley projected and what was actually spent?

A. Yes.

Q. Is it common?

A. It can be… yes.

Q. After Mr. Jackson passed, you sent a report to his estate, did they do audit?

A. Yes, they did.

Q. To your understanding did Mr. Jackson’s estate approve the production costs?

A. The costs were supposed to be paid as they were incurred pursuant to the contract.

Let us not be mislead by the phrase that the production expenses are to be paid ‘pursuant to the contract’. First of all the contract does not say a thing about production expenses being Michael’s responsibility, and second, production expenses are mentioned in the Appendix only (which is undated and unsigned),  and not even mentioned but implied and in an extremely indirect and incoherent way too.

The only thing said about it is that the ‘contingent compensation’ to the Artist will be paid after a certain X sum is deducted from it. If you make an investigation you may come to the conclusion that the X sum means all production costs, but if you do not make this investigation this matter may be easily unnoticed.

Apart from that the AEG papers say nothing about who is to pay the production expenses. I wonder why the Estate agreed to pay those sums. Most probably because they considered themselves too weak to handle a monster like AEG or were too dependent on their moves. I’m sure that the future will tell us why.

PRODUCER + PROMOTER FEES

Now the AEG people pretend that production expenses have never been theirs. In fact they say they have very little to do with  producing the shows and say they are promoters only. They specifically focus on this ‘promoters’ thing to once again assure everyone that production expenses were all Michael’s (and therefore Murray was MJ’s responsibility too).

Ms. Hollander says that since 2009 they produced few tours:

Q. How many have you done where AEG Live was the promoter only?

A. Now about upwards of 100

Q. Erm… what about as producer?

A. We produced few tours since 2009, not too many.

Q. Is it fair to say you have been more a promoter, rather than the producer?

A. By far.

Q. So when you act as producer, you get more money than a promoter?

A. Yes.

Q. There is fees paid to producer and to the promoters.

A. Typically it depends on the deal structure.

Q. This deal you talk about, promoter is just one fee.

A. Yes.

Q. When AEG is the promoter there is a fee.

A. Yes, there is another fee they receive being producer.

A. Sometimes

Q. So sometimes there is no fee, is that your testimony.

A. No.

Q. This time there was, for This Is It there were producer fees.

A. Yes.

Well, it is difficult for AEG to prove that they were not producers of the tour as they even charged Michael a producer’s fee for their services. As Shawn Trell will later tell us ‘this time’ AEG charged Michael both as a promoter and as a producer too – 10%  as promoter and 5% as producer.

10% was to be charged on the gross sum collected from the tickets, and 5% was on the net income of the Artist. And all this in addition to all the money they made on the secondary tickets sold through Viagogo and other brokers.

Though this is no place to talk about it now for those who don’t know let me just say that AEG was directly selling their tickets through Viagogo and at very high and ‘surprisingly uniform prices’ too as the article below says. Why the uniform prices surprise? Because Viagago is supposed to be a place where fans sell tickets to other fans and in this case any ‘uniformity’ makes you think that you are not dealing with fans but directly with AEG.

However it seems that AEG is not even hiding this fact from the Times:

The Times understands that outside the official sale of the tickets, AEG Live approached secondary ticketing companies – which allow people to resell tickets to sporting and music events – offering to provide them directly with between 500 and 1,000 tickets for each performance.

It is thought that AEG Live offered the tickets on the understanding that they were sold at about £500 each, with 80 per cent of the revenue returning to AEG Live and the secondary ticketing company taking the remaining 20 per cent.

Last night tickets for seats closest to the stage were on sale on Viagogo for thousands of pounds. Other seats in prime locations seemed to be on sale at surprisingly uniform rates, with many priced at £418 and £659. 

AEG Live did not deny its links to Viagogo.

http://www.viagogo.com/About.aspx?HelpID=1002690

As a producer AEG was doing I don’t know what (unless they were really to cover all those production costs themselves) but as a promoter their main obligation was to provide to Michael their  O2 arena in London.

In fact filling in their O2 and other facilities was AEG’s biggest concern as these days it is difficult to find stars to fill a big venue like O2 arena on 50 dates. So what AEG was presenting as their huge contribution to the deal should be interpreted in exactly the opposite way – it was a big favor on the part of Michael rendered to AEG that he was giving work to their O2Arena and filling the venue on 50 dates.

After Michael’s death Randy Phillips said that filling in the dates in summer time is a tough job in general, so the most they would have managed to fill without Michael would have been 10 dates:

AEG is also under pressure to book the O2 for some of Jackson’s dates. That’s “the toughest hit,” Phillips says. … The truth is, July and August are the slowest months of the year in Europe, so maybe 10 of those 27 dates would have been filled anyway.”

http://www.billboard.com/articles/news/268222/exclusive-aegs-randy-phillips-talks-about-michael-jackson-fallout

So if it had not been for Jackson’s 27 shows in the summer of 2009 the O2 Arena would have been filled only on 10 days at the most during the same period of time.

And this makes me think that the increase up to 50 shows from the original 10 was probably because they wanted to fill their O2 arena to its utmost –  and this could be the main reason why they set up those 50 shows.

At some point we wondered why they did not arrange 15 shows at triple the price of tickets for example. This would have brought AEG the same revenue, would have tremendously eased the burden on Michael and would have spared his nerves, health and everything else  -  but then the O2 arena would have stayed vacant on most of the dates and there would have been no chance to sell thousands of premium tickets at inflated prices through secondary ticket offices like Viagogo….

Filling in the venues on as many days as possible and selling extra tickets at exorbitant prices is probably the answer why they set 50 shows at all!

As regards the split of their profit from those concerts the same article mentioned above quoted Randy Phillips saying that the profit split was better for AEG than the usual one used for the most superstars:

Had Jackson performed these shows, AEG would have made significant revenue on food and beverage sales, a percentage of merchandise sales that could have totaled up to $15 million and the rental fee that AEG Live would account for to its corporate parent. Phillips declines to release terms of the deal with Jackson, but he says it was better for AEG than the 95%-5% split most superstars receive.

http://www.billboard.com/articles/news/268222/exclusive-aegs-randy-phillips-talks-about-michael-jackson-fallout

So this time they had better terms for themselves even as compared with similar deals with other stars. As if there are any other stars like Jackson. And if those terms were better for AEG it means that they were worse for Michael. And they admit it themselves.

I hope that all of the above is providing the necessary background for the stories we hear now from the AEG people and will cut some paths in the jungles of their lies. What we need to be on the lookout for now is information on who was responsible for the production costs. If the Jacksons lawyers manage to prove that those costs were never Michael’s responsibility it will not only dot all i’s and cross all t’s in Murray’s case, but will turn AEG into the epitome of lies, fraud and deception.

But we still need to go a long way to be able to learn the whole truth about what they did to Michael.


Filed under: AEG THE HORRIBLE, Jacksons vs. AEG Tagged: AEG, Julie Hollander, Michael Jackson

AEG – Jackson trial DAY 16. SHAWN TRELL of AEG presenting their Insurance Soap Opera

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Shawn Trell and Kathy Jorrie

Shawn Trell and Kathy Jorrie

Shawn Trell’s testimony is known to almost all of us by now. He is the General Counsel of AEG and the top man assigned by AEG to speak on behalf of their company.

He is also the one who verified as true the answers of other AEG bosses made in their interrogaries submitted by the Jacksons’ side.

He is also the person who together with lawyer Kathy Jorrie drafted a contract with Michael Jackson and helped draft the contract with Tohme.

But the deed this top AEG boss will go down into history for is the fact the he ridiculed Michael with another of their board members, also a lawyer, with whom they exchanged messages about Michael being a ‘freak’.

Unfortunately the word is no shock to us as the media has somewhat dulled our perception of it but its use by Shawn Trell and his staff makes us wonder – why did AEG so consistently seek Michael’s cooperation if they despised him and shunned him as ‘creepy’? Is it because they really needed him as a tool for generating money only?

‘FREAK’

The true attitude of AEG to Michael Jackson whose cooperation they were so persistently seeking was found out by us from the emails about the day when Shawn Trell, Paul Gongaware and Randy Phillips were to go to Michael’s house to sign a contract there. Together with the ‘freakish’ news about AEG from these emails we learn that though the contract papers were dated January 26th the actual signing took place on January 28th.

The ABC7 Court News tweets say about all of it:

Email on 1/28/09 from Gongaware to Phillips: MJ still on today, right?

Panish noted the contract signing was on the 28th and not 26th as Trell referred to.

I don’t believe he was misrepresenting the truth. It was Wednesday 28, not Monday the 26, Trell said.

From Phillips to Gongaware, cc’d Trell: 5pm at 100 Carolwood Drive. You and Shaw should be there

From Trell to Ted Fikre (attorney on the board of AEG) on 1/28/09 FYI…

From Fikre to Trell on 1/28/09, in response, three minutes later “Does this mean you get to meet the freak?”

Fikre is the general counsel for AEG, Panish said.

Panish: And this is the kind of respect your lawyer shows to the artist referring him as a freak?

Trell: you have to ask Mr. Fikre

From Trell to Fikre on 1/28/09 “Apparently. Not sure how I feel about that. Interesting for sure, but kind of creepy.”

Panish: Have you ever told Mr. Anschutz that his general counsel at AEG referred to MJ as a freak?

Trell: No.

Jackson’s attorney Brian Panish had this reaction outside court: “This exemplifies AEG had no respect for Mr. Jackson.

Panish cont’d: “All he was to them was a vehicle to make money.”

Panish cont’d: We’re going to continue to prove that for members of the board and attorneys to refer to him as that is disgraceful”

Panish cont’d: we’re going continue to show and prove what AEG is all about. This was just the tip of the iceberg.”

The man who they had so low an opinion of impressed Trell by standing up and meeting him at the door, by a firm handshake and an unnecessary introduction of himself “I’m Michael” which showed him to be a person whose fame never went into his head. Trell thought the introduction funny as Michael was ‘a very distinct person’. The tweets continue:

Bina showed the jury the final tour agreement. Trell said he went to MJ’s home at Carolwood to sign it.

He seems very personable when I met him, I thought it was very interesting when he got up and met me at the door, Trell explained.

Upon arrival, Trell said Mr. Jackson got up from where he was seated, and said ‘Hi, welcome, I’m Michael.”

Trell said it was pretty funny, since he was a very distinct person.

Trell said they shook hands, he had a good firm handshake and his voice was not what people think.

He popped up, came over, introduced himself, was very cordial, there was a real positive energy, good vibe in the room, Trell said.

He seemed genuinely enthused, Trell added. “He had the contract in front of him, said he read every page, seemed very enthused.”

Trell said they all signed it and Mr. Jackson was really keen on the 3-D stuff, that he was already down the road in his mind.

Besides Michael’s cordiality and politeness the above struck me by two important points. The first is that AEG claims that Michael read every page of the contract though from Frank Dileo we know that Michael just “heard” the contract read to him four times, and the second point is that “they all signed it”.

WHO SIGNED THE AEG/ MICHAEL JACKSON CONTRACT?

Well, if all of them signed it then let us recall who was supposed to be there at all. The AEG side was represented by Gongaware, Trell, Phillips and Michael Jackson was also to sign the contract as an individual and head of his company. The others present included Tohme, Dennis Hawk (Tohme’s attorney whom Trell repeatedly calls Michael’s attorney) and possibly Peter Lopez, who was real Michael Jackson’s attorney at the time.

Now assuming that only two parties signed the contract and all others acted as only witnesses to the deal I absolutely do not understand why we have no signatures of Trell and Gongaware on the contract papers.

First it made me think that the copy of the contract available to us was wrong and they are talking of some other papers. But the comparison of the various paragraphs quoted at the trial with the text of ‘our’ contract shows that it is one and the same document – at least the text of it quoted up till now has been the same.

image001 (22)

The last page of the “contract” available to us. it is definitely not signed by ‘all of them’

On the other hand Trell was talking of four drafts of the contract so ours may be only one of the drafts. But if our copy is a draft only why did it carry the signatures of Phillips and Michael Jackson?  (no matter how strange looking these signatures are). Is it because Phillips and Michael were indeed signing only the letter of intent which said that a definitive agreement was yet to be agreed and finalized in the future?

Can it be that the papers they are discussing at the trial are different from ours and the right paper is indeed signed by all the parties? And they simply put a retroactive date on the document as everyone (for example, Ms. Stebbins) goes on talking of the contract being executed on January 26?

These questions I cannot answer as I have not seen those papers, but all this meddling with the dates and signatures sounds very strange to me. And AEG emails like the one sent on January 5, 2009 is only adding more doubt to the picture:

  • “Final contract taking too long, we need to get it done any way we can”.

The above email was produced by Brian Panish to Gongaware on week 5 of the trial but I thought in necessary to mention here as it shows that AEG was ready to resort even to unconventional methods and do it “any way they could” in order to get Michael Jackson into their trap.

For people who were had so low an opinion of Michael Jackson this ardent desire to get him no matter what it takes looks especially. If they thought so bad of him why did they need him so badly then? Is it because he was indeed a “vehicle to make money” as Brian Panish put it?

The discrepancy in the dates is not the only factor that makes me think that not is all okay with the AEG contract papers.

During the recross-examination of Trell the AEG lawyer Ms. Stebbins asked Trell about three contracts signed on the same date. One was for a tour arrangement with Michael, another one was between AEG and Tohme and the third one was for developing three movies with the help of AEG which never realized (this one was for smokescreen only).

As regards these three contracts Stebbins said that all of them were signed on the same day. And when the judge asked to remind her of the date of signing one of those deals (with Tohme) Trell answered:

  • “It is date the 24th. It was signed on the 26th of January”.

But if one of them was signed on January 26 and all the three were signed on the same day then it means that all of them should have been signed on January 26th and how January 28th comes into the picture I don’t really know.  So the above clarification from Trell does not clarify anything but only seeds more doubt about what he is saying:

Stebbins: Mr. Trell, if I recall correctly where we left off yesterday, we were discussing an agreement between AEG Live, Dr. Tohme Tohme, and Michael Jackson that had been executed the same day as the tour agreement. And I’d like to put back up exhitibe 2320 and just ask a few more questions about that.

A: Okay.

Judge about Tohme’s agreement: Remind me what it was signed?

Trell: It’s dated the 24th. It was signed on the 26th of January.

..

Stebbins: And there was one other agreement that was executed on January 26th, was there not?

A. That’s correct.

Now that I am trying to find an explanation to these inconsistencies in the dates the only one that comes to my mind is that on January 26th   Randy Phillips and Tohme Tohme indeed signed a contract between AEG and Tohme (in Michael’s absence)  and made a compilation of papers for the tour agreement with Michael. The shell of the tour agreement was a letter of intent signed by Michael while the inside pages most probably come from a different document. These compilation papers are the ones we have now.

If AEG really has a contract signed by all of them on January 28 hopefully one day we will be able to see this precious document. To be able to identify it the thing to look for will be the signatures of everyone attending that meeting, especially the two signatures by Michael (as all the others are no problem):

Panish: And this contract is signed by everyone?

Shawn Trell: Yes.

AGREEMENT WITH TOHME

I said that the contract between Randy Phillips and Tohme was most probably made in the absence of Michael Jackson. This is because AEG did not pay Tohme as Michael did not authorize payment to Tohme.

The reasons for this non-authorization could be only two – either Michael was not present at signing that document and never authorized the payment (under the power of attorney Tohme was already entitled to 10% of Michael’s earnings) or Michael did not authorize it later when he realized that Tohme had been working against his interests.

From Panish’s questions to Trell we also learn that there was some mysterious “September agreement” with Tohme which Trell  had nothing to do with. As to the January 26th AEG/Tohme agreement Trell actually drafted it himself.

Trell confirms that Dr. Tohme Tohme is no doctor, but at the time of making that agreement thought that he was Michael’s manager and an officer in the MJJ Productions company:

Panish: He’s not a doctor, is he?

A. I don’t think so, no

Q. Dr. Tohme Tohme was Mr. Jackson’s acting manager?

A. He was… yes.

Q. And Dr. Tohme Tohme’s compensation of $100,000 per month was included in production costs?

A. Yes.

Shawn Trell confirms that Dr. Tohme Tohme is not a doctor

Shawn Trell confirms that Dr. Tohme Tohme is not a doctor

Panish reminded Trell that Michael was the only officer in MJJ Productions company and that AEG had that information about it in writing at least 12 days before making Tohme’s contract. But you cannot imagine how naïve these top AEG bosses are – Trell believed Tohme’s word and said he “had no reason to disbelieve him” even though he received information in writing to the opposite:

Q. So within 2 or 3 days of Mr. Jackson’s death you drafted a letter to get confirmation of whether or not AEG would recover the money they invested in the production of This Is It.

A. Yes, that was, what was going on… the nature of the letter.

Q. And you Sir wrote in this document that Dr. Tohme Tohme was an officer of the artist’s company MJJ Productions, is that correct.

A. Yes, that’s correct.

Q. But you knew as of January 2009 that wasn’t true.

A. As of January 14th I knew that.

Q. You are a lawyer.

A. Yes.

Q. You know what fiduciary duty is.

A. Yes, that’s acting in the best interest of the party.

Q. That means acting in the best interest of someone you represent like Mr. Jackson

A. I don’t know what you mean, in what context are you asking me this question.

Q. You have a fiduciary duty as a lawyer to do certain things

A. I don’t know the context you are asking me in.

Q. So you received information in writing Dr. Tohme Tohme was not an officer of Mr. Jackson’s company MJJ Productions?

A. Yes, back in January.

Q. And you had nothing in writing that said Dr. Tohme was an officer of Mr. Jackson’s company.

A. That’s right, Dr. Tohme Tohme verbalized that to me and I had no reason to disbelieve.

Q. As a lawyer you know everyone who has a company files with secretary of state, who the company officers are. Did you see any such filing?

A. I haven’t.

Q. Have you ever looked, for any other potential officers?

A. No.

Q. That information is easily available online who officers are for businesses.

A. I didn’t know that.

Q. You know as of today that Dr. Tohme Tohme was not an officer of MJJ Productions.

A: No, he said he was, I had no reason to disbelieve him.

Q: Did you know Dr. Tohme was not an officer of Mr. Jackson’s company at the time of your letter?

A.No.

Q. And you drafted a letter to Dr. Tohme Tohme ‘s management service that Mr. Jackson didn’t approve payment over $100,000 for him.

Q. I worked on that draft.

Tohme and Phillips are together approaching the hospital to which Michael Jackson had been taken

Tohme and Phillips are together approaching the hospital to which Michael Jackson has been taken

Randy Phillips was the one who told Trell that Tohme would be Michael’s manager in connection with the tour. He was also the one to negotiate the salary with him. From the piece below we also learn that Tohme was planning to “reform management” (?)  All this makes me think that now we are only scratching the surface of this strange AEG/Tohme business that took place behind Michael’s back.

This business is strange and so secretive that Trell had a very hard time to admit a simple fact mentioned above – that Michael did not authorize payment to Tohme. Panish had to use his deposition to refresh his memory of it. Trell couldn’t explain either whether they paid Tohme directly and continued dancing around the idea that Tohme’s salary was another of those “production costs”. We get a clear impression that everything was agreed between Randy Phillips and Tohme and Michael most probably had nothing to do with it:

Mr. Panish: You know what, let’s play your deposition, in your deposition it says, the September agreement with Dr. Tohme you had nothing to do with. Yes you drafted the document that would determine Dr. Tohme Tohme’s compensation, so how is it, you were not involved?

A. Erm… no I didn’t say that, I said I drafted the document.

Q. So the document you drafted, Dr. Tohme was getting paid directly by AEG.

A. That was a production cost.

Q. That document you drafted, AEG Live was to pay the money directly to Mr.Tohme?

Objection.

Q.The agreement with AEG Live and Dr. Tohme Tohme, AEG were making the payment to him, yes?

A.The obligation was made under Mr. Jackson’s company.

Q. Sir… was AEG Live paying Dr.Tohme directly?

A.Yes.

Q. And it was Dr. Tohme who suggested the $100,000 figure?

A. I don’t know, this was between Mr. Jackson and Dr. Tohme Tohme.

Q. You didn’t talk to Mr. Jackson, did you?

A. No.

Q. Mr. Randy Phillips has discussion with Dr. Tohme Tohme, doesn’t he?

A. Yes, Mr. Phillips has discussion with Dr. Tohme Tohme.

Q, And it was Mr. Phillips that told you Dr. Tohme Tohme would be the manager in connection with this tour?

A. Yes.

Q. The amount of $100,000 to be paid to Dr. Tohme Tohme was agreed by AEG.

A. I think AEG were facilitating an agreement between Mr.Jackson and Dr. Tohme Tohme.

Mr. Panish plays deposition. In your deposition it says, Dr. Tohme Tohme was going to be reforming management.

A.Yes.

Q. In contract with the tour and he was going to get money from AEG Live.

A. That was what was decided between Dr. Tohme and Mr. Phillips.

Q. And the reason AEG Live declined payment to Dr. Tohme Tohme, because you learned Mr. Jackson didn’t authorize the payment.

A.That’s not correct.

Objection. Overruled.

Judge: Play the deposition.

Q. What was the reason AEG declined to pay Dr. Tohme Tohme.

A,. It was my understanding that the payment was not authorized by Mr. Jackson.

Q. And you have no evidence why Mr. Jackson didn’t authorize payment.

A. Correct.

Q. And to your knowledge and what your understanding Dr. Tohme Tohme was not paid based on …Mr. Jackson didn’t authorize payment.

Objection. Overruled.

Q. So I just played you the deposition, and the payment was not authorized by Mr. Jackson?

A.Correct.

Since production costs seem to be the essence of the whole problem and Trell constantly tells us that Tohme’s salary was a production cost (as if it explains anything) we need to look up what the contract says about it:

Contract Point. 6.8:

  • With the exception of the monthly fee owing under the terms of a separate agreement with TT International, LLC for the services of Dr. Tohme Tohme (not to exceed $100,000 per month), which shall be included in the Production Costs, Artistco shall be responsible for and shall pay all costs associated with management [ ] of Artist and/or Artistco.

So the Artist and his company will be responsible for all management costs except Tohme’s fee because this fee will be included in the Production Costs. But since Michael is not to pay this fee (because it will be included in these costs) we get a clear impression that the costs are not his responsibility, but AEG’s. Right?

But now they say that all production costs were Michael’s.

The Definitions appendix

The Definitions appendix (click to enlarge)

Their appendix to contract does stealthily say that all production costs are Michael’s responsibility, but the way it is worded is only for the most observant of the readers:

 Exhibit A, point 3:

  • “Artist’s Net Tour Income means the Contingent Compensation minus the sum of Production Costs”.

In our version of the documents this appendix is undated and unsigned, however AEG is now keeping to what the Appendix and not their contract says. This is the beauty of having two opposite documents in one agreement. Depending on your immediate needs you can use one or the other and both times you will be right.

TOHME’S JOB WAS TO ASSIST IN TASKS ‘REQUESTED BY THE PROMOTER’ TOO!

Ms. Stebbins asked Shawn Trell about the nature of their contract with Tohme and as we could easily expect Tohme’s main duty was assisting in “production-related tasks reasonably requested by the Promoter”:

Stebbins: Mr. Trell, if I recall correctly where we left off yesterday, we were discussing an agreement between AEG Live, Dr. Tohme Tohme, and Michael Jackson that had been executed the same day as the tour agreement. And I’d like to put back up exhitibe 2320 and just ask a few more questions about that.

A: Okay.

Q. Mr. Trell, can you tell me what the idea was behind this agreement, to the extent you know?

A. The idea behind this particular agreement is that Michael wanted Dr. Tohme Tohme on the tour performing certain functions in connection with it. As it’s spelled out here, that those services may include those types of things.

Q. So are those the services spelled out there in Paragraph 2 in that second sentence?

A.Right. ”Acting as a liaison with the Artist, coordinating publicity and other activities with the artist in connection with the tour and other matters. Assisting with the creation of the tour, creative artwork in connection with the tour, and assisting with the coordination of musicians and dancers and other production-related tasks reasonably requested by the Promoter”

Q. So Dr. Tohme was Mr. Jackson’s personal Manager, as you testified yesterday?

A.That’s right.

Q. And do you have any idea whether this was the only compensation that Mr. Jackson would be paying his Manager, Dr. Tohme?

A. I do not know, no.

Let us put aside the absurd idea that Michael was to pay Tohme under AEG’s contract or all that nonsense about Tohme rendering Michael Jackson help in the “creative artwork”,  and pay attention to “tasks reasonably requested by the Promoter” instead.

Murray's contract also said that he was to perfom services "reasonably requested by the Promoter"

Murray’s contract also said that he was to perfom services “reasonably requested by Producer”

Look at this wording – all of it is exactly the same as in Murray’s contract! The same was with Karen Faye, Travis Payne and probably others. All of them were to perform the duties requested of him by AEG!

It seems that AEG was employing the same formula to absolutely everyone and some of these people were Michael’s personnel only nominally. Conrad Murray was in no way different from the rest of them – all were directly reporting to AEG, were to perform the services requested of them by AEG, were to be temporarily on the AEG payroll and finally, by some freakish AEG’s twist, all the expenses on their services were turning into Michael’s responsibility and were to be covered by him.

So first they make all these people work for them and then they charge Michael for all that work.

Have you ever seen anything like that?

I haven’t.

MURRAY AS ANOTHER OF THOSE INDEPENDENT CONTRACTORS

When facing all this outrage a thought crossed my mind. If AEG claims that all costs on these people were to be covered by Michael anyway what difference does it make if Michael did or did not put his signature under Murray’s contract?

Whether with a signature or without it all of it was “production cost” and according to AEG Michael was to cover all the costs anyway!

The only thing the absence of the signature can mean is that Michael either didn’t want Murray (same as he didn’t want Tohme), or that he was in total disagreement with the fact that they were placing those production costs on his shoulders.

Other than that I see absolutely no difference between all these people and the pattern of AEG’s work with them looks to me absolutely the same.  Michael brings in a person into the tour (or the person forces himself in as Tohme did), AEG signs a contract with him/her stating their usual demand to perform duties requested by AEG, then they temporarily put this person on their budget as production costs, and finally they charge all these costs to Michael Jackson!

Doesn’t it look like a standard procedure for them if they claim that all production costs were Michael Jackson’s duty from the very start of it?

Then why pretend that Michael was to put his signature on Murray’s contract? Even if he had and the contract had been executed Michael would have had to cover the expenses on Murray anyway. And this is exactly the reason why AEG did include Murray into the report they sent to the Estate asking them to cover $300,000 for two months of his “services”.

Feeling that there is a need to draw a line between Conrad Murray and the others though all of them fall into the AEG standard pattern Shawn Trell is saying now that that listing the expenses on Murray as production costs was a mistake. His idea is evidently that costs on Murray should have been listed as “advances” though here AEG has another problem – for all advances given to Michael he had to give them a promissory note where he was promising to pay them with all his assets. And for Murray they have no such promossiory note.

Panish: For 10% AEG was going to engage third parties for the production of the shows?

A. Yes.

Q. Was Dr. Murray listed as part of production … mistakenly?

A. Yes.

Q. Was Dr. Murray listed as part of the production costs?

A. It he was listed, it was incorrectly as a production cost.

Q. Was it listed, yes or no?

A. Yes.

No, charging the Estate $300,000 for Murray was absolutely no mistake. Same as with all other independent contractors it is was a standard AEG procedure with absolutely no difference from all the rest of the independent contractors they signed contracts with.

The ‘mistake’ was only in the fact that they stated Conrad Murray’s sums as the one already spent on him or the expenses incurred, but over here I tend to believe that his was a sort of an intentional mistake.

The way the mistake was found during the trial was quite a spectacle.  I’ve retyped the full of it as every Trell’s answer here is priceless. Please don’t be surprised that Trell feigns complete amnesia as regards that report sent to the Estate and the letter they hand delivered to the Estate by a messenger – there is a big reason for it which will be discussed later. The letter was sent on July 7th 2009. Please also remember the date as it is very important too:

Panish: After Mr. Jackson died, AEG sent a letter and finance report to the Michael Jackson’s Estate requesting Monies it wanted for the cost of the cancelled This Is It tours.

A. I don’t recall.

Q. Did you get a copy of the letter that was sent to the Estate?

A. I am sure I have it, if it was sent, it’s been a long time since that date, so I don’t recall right now.

Q. Have you sent any letters to the Estate after Michael Jackson dies to recoup the cost of Production of the cancelled This Is It tour?

A. I don’t recall.

Panish: Please show defendant exhibit number 9332-004

Q. Is that the letter you drafted to the Michael Jackson Estate?

A. Sorry I don’t recall without reading it.

Q. All right, let’s see the letter, is it correct you were copied on this letter?

A. Yes.

Q. Ok, and this is from AEG.

A. It is from AEG Live.

Q. The letter is dated July 7th 2009 and it says “Hand delivery”, this was by a messenger?

A. Yes.

Q. In this first paragraph it says, this is the report of expenses incurred by us, refers to agent.

A. Yes.

Q. And it’s signed by Mr. Webking, Mr. Phillips and Ms.Kathy Jorrie and yourself had copies.

A. Yes.

Q. And it says the report of the cost is attached.

A. I will need to see that what was attached.

Panish: Sure that’s the next page, see this schedule that was sent with the letter.

Q. this was sent to the estate by AEG in an attempt to try to recoup expenses on the This Is It cancelled tour.

A. This was sent for the purposed of accounting, and what was owed to AEG Live for the cancelled tour by the Michael Jackson Company.

Q. And the letter reads “If you wish to see the documents we have assembled, all of the transactions in support of this report you may do so at our office, for your review”. Did you receive this?

A. I was copied, so I presume I was sent the copies.

Q. You do not dispute Webking was authorized to do this?

A. He is the CFO, he is authorized to send the report.

Q. Is that a yes?

A Yes.

Q. You expect him to be honest in what he is trying to recoup, right?

A. Yes.

Q. Let’s go to the attachment, now on the report, down below it says “medical management” 430 mark, that’s the number allocated to Paul Gongaware as we already established with Ms. Hollander. That is the CFO of ALL Live attempting to, which you are copied in, recoup monies from the estate after Michael Jackson died.

A. Yes, I see that line.

Q. That is a request for $300,000 for Dr. Murray, AEG was trying to get from Michael Jackson‘s Estate days after Michael Jackson died.

A. I don’t know about that, you will have to talk to Mr. Webking about that and what’s included on that report.

Q. It is included in the production cost as money AEG Live were trying to recoup from the Michael Jackson Estate.

A. Yes.

Q. Mr. Webking is “precise” you would expect him to be very meticulous about a financial expense such as this, wouldn’t you sir?

A. Mr. Webking is detailed oriented, yes.

To close the topic of independent contractors let’s see what Shawn Trell said about them to Ms. Stebbins and their method of building up a team before a tour. Putting Murray into the same category as people in lighting or sound business would of course be wrong because on a doctor is a kind of a contractor on whose services a human life depends, but essentially the pattern is the same.

Stebbins and Trell are talking about the difference between employees and independent contractors:

Q. Is it the same process that you use when you’re engaging independent contractors on a tour?

A. Not at all.

Q. And why is that?

A. Well, again, because it’s a specific project. It’s something that’s going to come into existence and end. It has a beginning and an end. And the people necessary to make that project happen to have areas of expertise outside of people within our company [..] I mean we don’t have a sound business unit, we don’t have a lighting business unit [..] So we hire third parties for those specialties or for specific equipment, whatever the case may be. And those people come to us through one of the three channels.

Q. I was just going to ask, how do you find them?

A. Well, they’re either already known to us because we’ve worked with them in the past, all right. Or they’re known generally in the industry, and they’re referred to us, or they’re known to the artist.

Q. And when you say, “known to the artist”, what do you mean?

A. I mean they have a history, a connection, some kind of nexus with the artist.

Q. So , for instance, someone like Karen Faye on the This Is It tour.

A. Right.

Q. Which of these paths did she come to you via?

A. She was known to the artist. Travis Payne would be another example, and Kenny Ortega would be another example.

Trell says these people are not interviewed because they have a reputation in the industry for the services they provide (Murray did not have a reputation in the industry so he should have been checked). Trell is the one who handles negotiations with them and does all the contracting process:

A.The contracting process, the actual, you know, submission of an agreement and any negotiation of that, that’s handled by me or somebody in my department.

Q. Your department handles the actual contracting processes?

A. That’s correct.

Q. Does AEG Live run background checks on Independent contractors?

A. No, for the reasons I gave previously. They’re known to us already, they’re known to the industry, or they’re known to the artist.

Q. Does AEG Live endeavor to provide a safe working environment for the artist it’s working with?

A. Sure. As a general matter, yes.

Q. How does it do that?

A. We do that by hiring capable people that are experts in their particular field…

So they are hiring ‘capable’ people? But how did AEG Live know that Conrad Murray was capable if they did not check? Even if Michael Jackson told them that he thought he was? Was Michael Jackson a doctor to tell them or know it himself and was he qualified enough to recommend? No, of course not!

However Trell is trying hard to imply that Conrad Murray was not a contractor at all but was just part of Michael’s entourage:

Q. Is AEG Live sometimes involved in paying or securing travel, or otherwise involved with that entourage?

A. Sure.

Q. Dopes it do background checks on the artist’s entourage?

A. No.

Q. Why not?

A. Because those are people the artist has around them and wants with them as they tour. It would be misplaced or misguided for us to inject ourselves into the personal relationship or affairs of an artist and those types of people.

“Misplaced and misguided for them to inject themselves into the person affairs of an artist?”

The good manners which Trell suddenly displays look especially funny in comparison with the contract AEG  drafted for Conrad Murray where they allowed themselves exactly the opposite – to inject themselves into Michael’s life by making Murray do what was requested of him by the Promoter. The same goes for Gongaware’s email reminding Murray who was paying him money and what services were expected of him in return.

When it comes to their business interests these guys may cut other people’s throats but if you ask them what they are doing they will feign surprise and even teach others that it is misplaced to inject themselves into the personal life of those whom they have just massacred.

And how does Trell dare even imply that Conrad Murray was simply part of Michael’s entourage if they had contractual relations with him and demanded all those things of the doctor? Is it customary for the promoter to demand anything of the entourage travelling with the artist?

No, Murray was no different from all the other independent contractors like Karen Faye or Travis Payne. The only difference was in the scope of their responsibility and the working hours – they work in the daytime and in the office, and the doctor is working after the working hours and at home. But all the rest of it is the same.

And there is no need to throw in here ideas like “we are not responsible for what he is doing to him in his bedroom” – they very much are responsible if they themselves chose to draft a contract with him which is no different from the contracts they sign with other contractors and demand the same things of him which they demand of others.

BUDGET, COSTS AND INSURANCE

Let me state that neither me nor Mr. Panish believe that all production expenses were to be really covered by Michael Jackson.  The questions Mr. Panish asked Trell are clearly meant to show that AEG is simply making a fool of us by claiming that this was the case.

The most Michael was to cover were the sums which were in excess of the $7,5 million limit and I need to admit that there is a short provision about in the contract. For some reason the point was hard to notice and I did see it only on the third or forth time of reading their masterpiece of a contract.

However even with this point in place, for every production ‘advance’ spent AEG was supposed to receive Michael’s consent, but it seems that they never did:

Q. There was a cap on production costs for $7, 5 million

A. Yes.

Q. AEG Live was supposed to tell the artist (Mr. Jackson) of each production advance made.

A. Yes, that’s correct.

Q. And you don’t know if at all AEG Live ever informed Mr. Jackson’s company of production charges incurred, with respect to the tour, correct?

A. Ask it again please.

Q. Do you know if ever AEG Live informed Mr. Jackson’s company (MJJ Productions) of projected production costs?

A. Yes sure, there [was] conversation between AEG’s side and Mr. Jackson’s side, they were on going about the production budget.

Panish: Let’s read line 16 of your deposition, okay?

Q. Do you know how if at all AEG Live informed ArtistCo with production expenses?

A. No.

Q. Were you aware that product costs were not to exceed $7, 5 million?

A. I became aware of it through the process.

Q. Did you become aware around March of 2009?

A. I don’t recall.

Q. Saying you don’t recall means you don’t know one way or the other?

A. I mean I don’t know when the process proceeded.

Q. But you became aware it proceeded.

A. All promoter were aware..

Q. I am only asking you were you aware is that a yes?

A. Yes, that’s a yes.

Q. And Sir, did you retain non-appearance insurance for This Is it?

A. Yes.

Q. For $17, 5million?

A. That’s correct.

Q. And due to the outstanding production costs, the amount of insurance was to double.

A. I believe yes.

Q. After Mr. Jackson died, you drafted an agreement to approve production costs

A. Yes.

Q. Do you recognize this?

A. Yes.

Q. Is this the document you prepared and reviewed to testify today?

A. Yes.

Q. AEG Live needed approval to increase the budget for production costs

A. Yes.

Q. And when did you write … excuse me… when did you draft this letter, was it only 3 days after Mr. Jackson died?

A. Correct.

Q. He hadn’t even had his funeral yet, did he?

A. I don’t recall the date.

Q. So within 3 days of Mr. Jackson’s death, AEGF are approaching Mr. Jackson’s Estate, to get back production costs.

A. I won’t characterize it all like that. There was management report to Dr. Tohme Tohme was on the as well as Mr. Dileo.

Q. Did you start drafting the letter on the 28th of June 2009 or the day before?

A. I don’t know.

Q. Could it have been the day after Mr. Jackson’s death on the 26th?

A. I don’t know.

Q. So within 2 or 3 days of Mr. Jackson’s death you drafted a letter to get confirmation of whther or not AEG would recover the money they invested in the production of This Is It?

A. Yes, that was , what was going on… the nature of the letter.

The first conclusion from the above is that AEG never informed Michael about their production costs while they were incurred (though they should have). If they had Michael would have probably tried to economize and would have given up some of his most expensive ideas. However since they never told him of the sums spent he did not realize whether they were staying within the allotted budget or not. Michael never had a real concept of money, so of all people he was the last one to realize even the approximate expense of the show.

Let us remember that to the question whether AEG informed Michael of production costs Trell finally said “No”.

The second conclusion is based on Trell’s reaction to their own budget. If  Shawn Trell ‘was not aware’ that there was a limit of $7, 5mln on their production costs this fully absolves us, poor laymen, of the guilt of not noticing the same after reading their contract several times. But what’s much more important it will explain why Michael Jackson was also most probably not aware of the production budget and never knew of its sums which made him responsible after a certain limit was reached. If the author of the contract Shawn Trell was not aware of a limit to the budget how could Michael Jackson be aware of it?

And one more conclusion concerns the insurance. You remember that Randy Phillips was confidently saying that the insurance for the first 10 shows was in AEG’s pocket already sometime in February or March, and later on when they started talking about the need for the insurance again, I assumed that they had to obtain the second insurance for the increased number of shows?

Well, now it seems that the insurance policy was indeed one, only its amount had to double due to the increased costs of production. The maximum capacity Lloyds allowed for the Michael Jackson tour was $17, 5 million, but in order to get the sum AEG had to arrange the second physical examination of Michael Jackson as the insurers insisted.

Without the second physical the insurance policy would not be covering illness but as the deteriorating health of Michael Jackson was becoming more and more obvious to AEG they stepped up their efforts – no, not to help Michael to restore his health as one might expect – but to speedily obtain the illness insurance that would be covered by the agreed sum of $17,5 million.

It seems that the more information was coming from various people about Michael’s poor condition the more energy they were putting in obtaining that insurance. Panish showed email after email where AEG bosses were expressing concern that they were not covered for Michael’s illness.

Shawn Trell was so concerned about it that he was asking for the exam to take place much earlier than in July in London – he began sending emails about an earlier exam already at the end of May. To me it shows Trell’s reaction to the signals of worry coming from various people that Michael was getting thinner and his condition was growing worse – otherwise I cannot explain Trell’s hurry and desire to organize the exam as soon as possible:

Q. So you didn’t have coverage for illness.

A. Correct, not until we were in London.

Q. That was a concern.

A. Sure illness is a peril and should be covered.

Q. I know there was schedule for that exam in London. So I want to show you an email where you wanted to have the exam take place sooner, is that right?

A. Yes, I am inquiring if it’s possible to change the date of the exam.

Q. These emails are May 29th and 30th.

A. Can I get these?

Q. I will work on that, all right let’s put it up. The point is you sent the email.

A. Yes.

Q. You knew it was important to get this coverage.

A. It would be important to get on this or any other matter.

Q. If you didn’t get that done, you wouldn’t get covered through sickness or death?

A. No, that’s not correct.

Q. You deny that.

A. The policy would not cover sickness but the policy would have paid out on death  [in case of an accident]

Q. Up to one day before Mr. Jackson’s death and the day he actually passed away, you were on the phone with Bob Taylor working on getting more insurance.

A. I don’t recall.

All available forces were mobilized for obtaining that insurance. Gongaware was involved, Dennis Hawk and Bob Taylor were involved, Kathy Jorrie asking Conrad Murray for help was involved, and Randy Phillips was involved too.

In fact Randy Phillips was so much involved that he even asked for term insurance on Michael Jackson (which is another name for life insurance). Getting a separate life insurance in addition to the standard insurance was a totally untypical practice in such cases, and to me it means that AEG not only knew that Michael was ill, but also realized that he was dying! And how else can you explain that AEG suddenly started making enquiries for life insurance on Michael Jackson and soon after that Michael indeed died?

Instead of providing Michael urgent medical help they arranged a mad race for obtaining the insurance engaging Conrad Murray in it too. Remember how many emails he received and sent on the night Michael Jackson died? And all of it was done at the expense of neglecting his patient by the way:

Q. The amount of coverage that was available was $17, 5million.

A. Yes, that was the maximum coverage the underwriter were willing to give policy for.

Q. The policy to effect in May, is that correct?

A. Yes.

Q. Non- appearance coverage, is when the artist does not perform.

A. Right.

Q. You discussed life insurance with Mr. Phillips.

A. I don’t recall.

Q. And Sir, there’s no instance when you recall AEG being covered separately except in this case?

A. Not really.

Q. Do you recall any artist AEG insured for death separate from regular insurance obtained?

A. We didn’t insure, we asked about it.

Q. You asked the insurer two days before Mr. Jackson passed to extend the term of the insurance?

A. Yes.

Q. And the term insurance you were looking at was Life insurance?

A. Yes.

Q. Okay, Sir…. AEG made a claim against the insurer for Mr. Jackson’s death.

A, Yes, we made the claim with the insurer.

Q. You made the claim on the night Mr. Jackson died, isn’t that right?

A. I don’t recall the date.

..

Q. Mr. Trell did you have a discussion with Mr. Taylor about whether you could recoup Dr. Murray’s expenses as part of the production costs?

A. Not to my recollection.

..

Q. And Mr. Phillips told you Mr. Jackson’s physical condition was in bad shape, prior to June 25th 2009?

A. Yes, that was on June 19th.

..

Q. Did Mr. Phillips do anything?

A. Yes.

Q. Did he call a top psychiatrist?

A. Not to my knowledge.

Q. How about a top substance abuse doctor?

A. Not to my knowledge.

Q. Any kind of medical care provider?

A. They set up a meeting with Dr. Murray…

 THE INSURANCE SOAP OPERA

The talk about the insurance would not be complete if Shawn Trell and Ms. Stebbins had not tried to turn all that frantic run for extra insurance into a show meant to demonstrate to the jury and the public that it was done wholly in Michael Jackson’s interests.

The idea presented to the public was that they were fighting tooth and nail for the insurance because it was to cover at least part of the production costs ($17,5 million out of the $25million spent) now attributed to Jackson,  and would therefore relieve Michael and his Estate of the most the expenses to be paid back to AEG.

In short all of it was for Michael and Michael alone.

Naturally the point that those costs were most probably never Michael’s business was not even raised. In contrast to what AEG was saying during the first couple of years after Michael’s death these days it is more convenient for AEG  to promote the idea that all production costs were Michael’s responsibility and that after Michael’s death they were jumping out of their skin to help the Estate to cover the costs and relieve them of their burden.

However for this theory to be consistent the succession of AEG’s actions should have been different – first they should have applied for the insurance and in case the insurance company refused to pay only then they could have approached the Estate with a tearful plea, “You know, guys, we have done our best but they refused us and now there is no other way out for us but approach you for a compensation”.

However AEG approached the Estate almost immediately and this is why Shawn Trell was feigning amnesia when Panish asked him whether he recalled sending a hand-delivered message with a report enquiring about compensation. This is also why, when Trell finally recalled that report, he still insisted that it was an inquiry only but not a request for payment.

But even despite all that on occasions he did admit that payment was what AEG had in mind first and foremost. Have a look at this once again please:

Q. The letter is dated July 7th 2009 and it says “Hand delivery”, this was by a messenger?

A. Yes.

Q. In this first paragraph it says, this is the report of expenses incurred by us, refers to agent.

A. Yes.

Q. And it’s signed by Mr. Webking, Mr. Phillips and Ms.Kathy Jorrie and yourself had copies.

A. Yes.

Q. This was sent to the estate by AEG in an attempt to try to recoup expenses on the This Is It cancelled tour.

A. This was sent for the purposed of accounting, and what was owed to AEG Live for the cancelled tour by the Michael Jackson Company.

Q. Let’s go to the attachment, now on the report, down below it says “medical management” 430 mark, that’s the number allocated to Paul Gongaware as we already established with Ms. Hollander. That is the CFO of ALL Live attempting to, which you are copied in, recoup monies from the estate after Michael Jackson died.

A. Yes, I see that line.

Q. That is a request for $300,000 for Dr. Murray, AEG was trying to get from Michael Jackson‘s Estate days after Michael Jackson died.

A. I don’t know about that, you will have to talk to Mr. Webking about that and what’s included on that report.

Q. It is included in the production cost as money AEG Live were trying to recoup from the Michael Jackson Estate.

A. Yes.

During the recross examination by Ms. Stebbins Trell went out of his way to prove that the insurance was sought by AEG only because it was in the best interests of Michael’s estate (and would have been in Michael’s interests too if he had been alive and the concerts were simply cancelled):

Stebbins: Who benefits from non-appearance insurance like this?

Trell: Well, the costs that it goes to pay are the payment obligations of the Artist. So we’re being repaid our advances, but it’s an obligation of the Artist. So it benefits the ArtistCo.

Stebbins: If for some reason the tour didn’t go forward, this insurance would pay AEG Live back for those advances so that the artist didn’t have to come up with the money to repay?

Trell: [..] ..the Michael Jackson company, was obligated to pay to us the advances we made, including the production costs.

Stebbins: Could AEG Live ever have made a profit off the cancellation policy?

A.No.

Q. Why not?

A. Well, for one reason, we only get this kind of coverage for our out-of-pocket costs, the advances in this case, and secondly, in this particular case, those costs exceeded the amount of the coverage.

Q. So if there was insurance in place, and a claim was made, and for whatever reason it didn’t pay out, who would be responsible for the costs that the insurance would have otherwise covered?

A. The Michael Jackson company.

Despite these explanations sounding rather reasonable I am not inclined to believe them and their new AEG defense line that they had Michael Jackson’s best interests at heart when they were making frantic attempts to get the insurance policy for illness. Michael was dying in front of their eyes and instead of running about with the insurance they should have indeed taken care of their health. But now they say that they were also taking care of his needs as they were obtaining an  insurance to cover the production costs which would otherwise be paid by Michael.

The first reason why I don’t believe it is because most probably those production costs were not Michael’s at all and therefore AEG were taking care of themselves, their interests and their losses.

And second, we have proof that even when the Estate fully compensated for their losses they still greedily wanted more from the insurance and were even ready to litigate with Lloyds to get extra $17,5 million on top of the $40 million got from the Estate.

It seems that AEG and the Estate had a sort of an agreement on splitting the insurance sum in case the insurance proceeds were paid and this way the Estate could compensate at least part of the money they paid to AEG. However for AEG it meant that they were planning to add the insurance money to what they already had!

The AEG greediness is indescribable. They would have fought Lloyds to the end if during the discovery process it had not become known that they were not entitled to any compensation from Llloyds at all as there were actually no losses sustained by them in this business.  They received everything they wanted from Michael Jackson’s Estate, so there were simply no losses.

When Lloyds learned about it they gasped and demanded that AEG withdraws the claim which they finally did.

Schreiffer's letter 1Here is an excerpt from the letter of lawyers acting on the part of Lloyds. The letter was written by P.K.Schrieffer LLP to Mr. Putnam, the AEG long-time attorney on June 12, 2012:

“We are [..] astonished that AEG has continued to maintain the charade that it has been entitled to $17,5 million in proceeds under the policy over the past year or more in this litigation. This has forced Underwriters to incur substantial attorneys’ fees and costs in litigating a feigned dispute with AEG where no dispute, in fact, exists.

.. AEG’s conduct, including filing a motion to stay the case in the trial court and a petition for a writ of mandate in the court of appeal, continued to postpone its obligation to respond to discovery for as long as possible. This ended with Judge Mackey’s order requiring AEG to respond to discovery and to turn over documents. That order compelled AEG to disclose, for the first time, what only AEG (and perhaps the Estate and Michael Jackson Company LLC – controlled by the Estate) knew – that AEG had no entitlement to coverage because it had no compensable loss under the policy.

Schreiffer's letter 4The examples of AEG’s litigation conduct in this regard are numerous, but a few examples should make the point clear. In its motion to stay Underwriters’ action and for protective order seeking to limit Underwriters’ discovery, wherein AEG argued that it would be forced to fight a “two front war,” AEG stated in pertinent part that, “It must either give up this claim now – and lose $17, 5 million to which it is potentially entitled – or risk making judicial assertions inconsistent with its defense in the Katherine Jackson action – and lose potentially far more”. It is now clear that at the time this motion was filed and this argument was made before the Superior Court that AEG knew that it had suffered no compensable loss under the policy, and yet proceeded to represent to the court that it had.

Similarly, in its Petition for Writ of Mandate filed in the Court of Appeal for the State of California on January 30, 2012, AEG stated in its Preliminary Statement and Basis for Writ Relief that “Insurers, by seeking to litigate this case now, attempt to force AEG Live to make an impossible choice: abandon its claim under the policy now – and lose $17, 5 million dollars in proceeds to which it is legally entitled”. Here again, it is clear that AEG was well aware by this time that it was not “legally entitled” to any such proceeds, as it had not suffered a compensable loss under the Policy.

Schreiffer's letter 5bUnderwriters hereby demand that AEG withdraw its claim for benefits under the Policy by the close of business on June 19, 2012.

Sincerely, P.K. Schrieffer LLP

So what do we learn from the above?

  • That for AEG it was an ‘impossible choice’ to give up $17,5 million though they were not even entitled to receive the money for the simple reason that they sustained no losses. The insurance is meant to cover the losses and not make profit on another person’s death, especially if the dead man’s estate has already fully paid everything they owed you.
  • We also learn that AEG had to drop their claims against Lloyds under the pressure of irrefutable evidence that until last year that had been cheating on the insurers wanting money for losses they did not have.
  • And we also learn that if AEG had not given up their claim against Lloyds AEG says they would have risked their line of defense in the Katherine Jackson action.

I wonder what assertions ‘inconsistent with their defense’ in Katherine Jackson’s lawsuit are they talking about?

Are they talking of the soap opera they are telling us now about how much they needed that insurance solely for the sake of Michael Jackson’s interests?

Indeed it would be difficult to use this argument if they first robbed Michael’s Estate of $40 million and then wanted $17,5 million more from Lloyds. Dropping the claim against Lloyds was more convenient as this way someone will probably believe that it is not AEG who is infinitely greedy, but the poor mother and children who lost their beloved son and dear daddy to the AEG monster machine.…


Filed under: AEG THE HORRIBLE, Jacksons vs. AEG Tagged: AEG, Brian Panish, Michael Jackson, Randy Phillips, Shawn Trell

News summary of Week 5 at the AEG trial

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To catch up a bit with the news from the AEG trial here is a summary of the events on  May 28-31 (days 18-21):

Tuesday May 28, 2013. DAY 18

  • On this day we got another reminder from Gongaware that before Dangerous tour Michael had scalp surgery and was in much pain
  • Gongaware knew that Michael was given painkillers on Dangerous tour but pretends he learned about it only after Michael announced it on TV
  • Gongaware’s email that “they can’t be forced into stopping it” comes at the end of February before the London press-conference. They are pressing Michael to make the announcement and say that they will do it “with him or without him”.
  • Gongaware saw Michael before the press-conference and he was NOT drunk and despondent as Randy Phillips said.  A liar.
  • After the dates are set Gongaware instructs his secretary to print the calendar of Michael’s dates in such a way that Michael DOES NOT NOTICE THAT HE HAS TO WORK TOO HARD. They don’t want him to notice that he is to give shows with a one day break only !
  • Ten days after announcing 50 shows on March 25, 2009 Randy Phillips writes  to Gongaware that THEY NEED TO PULL THE PLUG.  There is no obvious reason why they wanted to cancel the shows except that they could not obtain the additional insurance. In case of cancellation Michael was to repay the advance, but out of $5mln he received $3mln were already paid to the 2 Seas Records company in settlement of the claim. He was also to return all payments for the house. If he failed to pay the process of acquiring his assets would have started.

Here are the ABC7 Court News tweets for May 28:

1

Before testimony began, a little spectacle outside the courthouse with a plane towing a banner saying “MJ Eyewitness Fans — Testify for MJ”

2

Paul Gongaware is one of the defendants in the case. He’s an adverse witness called by the plaintiffs.

3

Gongaware is Co-CEO of Concerts West, part of AEG Live. He produced Prince’s tour in 2004. He has not promoted/produced tours since.

4

Gongaware was a CPA licensed in NY and Washington. He said he believes he’s still licensed but hasn’t checked status since there’s no need

5

Gongaware has toured with Beach Boys, Led Zeppelin and is currently on your with The Rolling Stones. He worked for Jerry Weintraub in 80s

6

Gongaware said he worked on Elvis Presley tour. Panish asked if Elvis died of drug overdose, and Gongaware said yes.

7

Gongaware replied to a condolences’ email on July 5, 2009: “I was working on the Elvis tour when he died, so I kind of knew what to expect.”

8

Gongaware testified he worked with another artist who had drug problems: Rick James.

9

Panish skipped around, asked about name Concerts West, assets. About working for Jackson 5, Gongaware said had no interaction w/ MJ

10

Gongaware worked on MJ’s Dangerous tour in 92-93. Panish said MJ made $100 million and donated it to charity. Gongaware said he didn’t know.

11

When Gongaware met Jackson was with Colonel Parker (Elvis’ manager) in Las Vegas. MJ wanted to meet the Colonel.

12

Gongaware explained the difference between being tour manager and managing the tour. He talked about MJ’s History tour, various legs, job

13

Panish: You knew that MJ had been to rehab during the dangerous tour? Gongaware: Yes, based on the statement he made after the tour

14

Gongaware said he never knew MJ was involved with drugs until after the end of the Dangerous tour.

15

Gongaware told LAPD he was aware of Jackson’s previous use of pills/painkillers but did not want to get involved.

16

Panish said Dr. Finkelstein testified under oath that Gongaware knew MJ had problems with painkillers before the end of Dangerous tour ended.

17

Panish: Do you dispute that? (Finkelstein testimony) Gongaware: I knew that he had pain

18

Gongaware said Dr. Finkelstein is his doctor and friend and that they talk off and on, but he doesn’t know specifics of the doctor’s depo

19

Dr. Finkelstein said he gave MJ painkillers after concert in Bangkok after Michael had scalp surgery.

20

Gongaware said he didn’t recall how many times he met with his lawyers after his deposition, but it was more than 10, less than 20.

21

In Gongaware’s video depo: Did you ever ask Dr. Finkelstein if he treated MJ during the Dangerous tour? He wouldn’t talk about that stuff

22

Another part of Gongaware’s video depo: He said yes, he occasionally treated Michael Jackson on the Dangerous tour.

23

Panish: Did you throw around numbers to trick Michael Jackson? Gongaware: I didn’t try to trick Michael

24

Lunch break is almost over. More to come soon.

25

Added by ABC7 sometime after lunch:

26

Panish elicited contradictory testimony asking over and over about Gongaware’s memory, how long he spent with lawyers to discuss testimony

27

On the Bad Tour MJ sold out 10 stadiums at 75,000 tickets per night.

28

Panish: That’s a pretty big number?

29

Gongaware: Huge

30

Panish: In 2 hours, how many tickets sold?

31

Gongaware: In initial presale we sold 31 shows

32

P: The fastest you had ever seen?

33

G: Yes

34

No one knows how many shows we can get with Mikey, said Gongaware. Panish asked about name “Mikey” – he said he used it occasionally

35

Email on 2/27/09 from Gongaware to Phillips: We are holding all of the risk, if MJ won’t t approve it we go without his approval

36

Email cont’d: We let Mikey know just what it will cost him in terms of him making money, and the(n) we go with or without him in London.

37

Email cont’d: We cannot be forced into stopping this, which MJ will try to do…

38

Email cont’d: because he is lazy and constantly changes his mind to fit his immediate wants.

39

People were aware at this point there would be a press conference. MJ wouldn’t show up at the conference, it’d cost money, Gongaware said

40

It wasn’t much risk at all, we hadn’t spent money, Gongaware said about that point of the tour. This was prior to news conference.

41

Gongaware said the situation in London, where they constantly referred to MJ as “wacko Jacko”, it would impact marketability to sell tickets

42

He doesn’t want to do this kind of things, but it was important to show MJ to the world if he wanted to do a MJ show, Gongaware explained.

43

Panish talked about an email Gongaware sent to his secretary asking her to change the color on MJ’s calendar.

44

Email: “don’t want the shows to stand out do much when MJ looks at it. Figure out so it looks like he’s not working so much.

45

Panish: Did you wanted to change the color of the schedule to show MJ would not be working so hard?

46

Gongaware: Yes

47

Panish: Were you trying to fool him?

48

Gongaware: Nah, I wasn’t trying to fool him, I wanted to present it in the best possible light

49

Gongaware said it would be obvious when MJ would be working and not and he wasn’t trying to trick him.

50

Email on 3/25/09 from Phillips to Gongaware: We need to pull the plug now. I will explain.

51

Gongaware: I think he was referring to pull the plug on Karen Faye

52

We never talked about pulling the plug on MJ tour. Not that I recall, Gongaware testified.

53

Panish: Mr. Phillips wanted to pull the plug on the show, right sir?

54

Kenny wanted the pull because the way she (Faye) handled the situations, Gongaware explained.

55

She tried to control access to MJ and Kenny didn’t like that, Gongaware said.

56

Panish: Who was Mr. Ortega’s  contract with, sir?

57

Gongaware: I don’t recall

58

Karen Faye expressed strong opinion that the tour as dangerous and impractical for MJ.

59

Katherine Jackson is wearing a floral jacket and Rebbie a white jacket. Janet is all in black and Randy is wearing a jeans jacket.

60

Rebbie was in the courtroom accompanying Katherine Jackson in the afternoon. Janet and Randy were seen at the courthouse still.

61

Panish asked about a chain of emails where Gongaware said the pulling the plug refers to Ms. Faye. “I believe he was,” Gongaware repeated.

62

It’s her (Faye) strong opinion this is dangerous/impractical with MJ’s health/ability to perform

63

Email on 3/25/09 from Gongaware to Phillips: Randy responded: “We need to pull the plug now. I will explain.”

64

Response from Gongaware to Phillips: Not sure what to send back…

65

Gongaware said in depo he had no idea what Phillips meant. He said he didn’t recall Phillips saying they needed to pull the plug on the tour

66

I thought he was in good shape at the press conference, I was there, Gongaware said at the deposition.

67

Gongaware was at O2 arena and Phillips was with MJ. “MJ was late, Randy was saying I’m trying to get him going, I’m trying to get him going”

68

Panish: Did Randy tell you MJ was drunk and despondent?

69

G: No, not drunk and despondent. Just said he was having hard time getting him going

70

As to Dr. Conrad Murray, Gongaware said there was 1 rehearsal he said hello to him. “It was basically a hello, on the floor at the Forum.”

71

Mikey asked me to retain him for Michael Jackson, Gongaware said about Dr. Murray. “I never hired him.”

72

Panish: Is Mr. Phillips a good friend of yours?

73

Gongaware: I work with him

74

Panish played interview of Phillips to SkyTV after MJ died:

75

The guy is willing to leave his practice for large sum of money, so we hired him

76

Gongaware said MJ did not have any illness that he knew of.

77

I was told Michael wanted him as his doctor for the show, Gongaware said.

78

Gongaware: He had taken a physical, he passed the physical and from what I understand there was nothing wrong w/ him. Maybe some hay fever

79

Panish: Do you know what his blood test showed?

80

Gongaware: It showed it was good?!

81

Gongaware said he received email from Bob Taylor that everything was fine and that MJ had passed the physical.

82

Gongaware said he never saw the results of the tests and doesn’t know who saw them.

83

Panish: First you said how much did you want? (to Dr. Murray)

84

Panish: He said he wanted $5 million, right?

85

Gongaware: Yes

86

Gongaware: That’s what he said. He said he had four clinics he would have to close, he would have to lay people off.

87

Gongaware said Dr. Murray had been MJ’s personal doctor for the past 3 years. He said he did not know how many times MJ had seen the doctor.

88

MJ insisted on him, recommended him, and that was good enough for me, it was not for me to tell MJ who his doctor should be Gongaware said

89

When Panish asked if MJ would get anything he wanted, Gongaware said he tried to make sure he (MJ) had what he needed to do his job.

90

Gongaware said he could’ve told MJ to hire the doctor himself. “He wanted a doctor and I wanted him to be healthy for this tour”

91

Dr. Murray said he wanted more money, but Gongaware testified he told him the offer came directly from the artist and Dr. Murray accepted it

92

I think he was willing to accept anything that MJ offered, Gongaware opined.

93

We agreed on what the compensation was going to be, but there were a lot of issues to be resolved, Gongaware said.

94

Gongaware said he recalled meeting with Dr. Murray where he was told the doctor was going to take care of the medical licensing in London.

95

He said he was going to need some equipment and an assistant, Gongaware said Dr. Murray told him.

96

Gongaware and Timm Wooley are longtime friends. They are currently working on The Stones tour.

97

Gongaware said he negotiated the price for Dr. Murray, but didn’t negotiate the contract.

98

Gongaware explained that he didn’t do the negotiation, he would normally refer that to Wooley.

99

Panish showed video deposition of Gongaware and a declaration he signed about a month before giving the depo. They contradict themselves.

100

Dr. Finkelstein and Gongaware have been friends for 35-plus years.

101

Gongaware said he never offered Dr. Finkelstein the job of being MJ’s doctor and said the doctor would be mistaken if he testified otherwise

102

Gongaware told the jury he called Dr. Finkelstein to ask what a fair price for a tour doctor would be. Doc told him it was $10,000/week.

103

As to Dr. Finkelstein wanting to be the tour doctor, Gongaware said he didn’t recall specifically, but knew he wanted it.

104

After his death we may have talked, but I don’t recall specifics, Gongaware said.

105

Gongaware said he sees Dr. Finkelstein a few times a year, but MJ’s subject never came up.

106

Panish asked Gongaware if Dr. Finkelstein wanted to know if MJ was clean and using drugs. Gongaware said he didn’t recall the conversation .

107

I never read the contract, I was there when Michael signed it, but didn’t see what was in it, Gongaware said.

108

Doctor Murray was 100% Michael’s cost, Gongaware said.

109

Based on the contract, Gongaware said 95% of the production expenses were MJ’s responsibility, 5% AEG.

110

Panish: Who decided there was a need for a written contract with Dr. Murray?

111

Gongaware: I don’t know

112

Gongaware said that if tour went forward, Dr. Murray would’ve made $1.5 million for 10 months. Ortega would’ve made almost that.

113

I didn’t do anything to check his background. He was MJ’s doctor and that as good enough for me, Gongaware testified.

114

Panish asked Gongaware if he approved budgets for April-July including Dr. Murray as production expense.

115

It’s my job to get that show on the road, Gongaware said.

116

He said he didn’t know which budgets he approved.

117

Gongaware said he had to know how much the production had spent on any given time, but didn’t have time to read the budget.

118

Panish: Do you think you’re good at your job, sir?

119

Gongaware: I think so

120

Panish: Very good?

121

Gongaware: Yes

122

Gongaware said he doesn’t remember how many meetings he attended at Carolwood house. He didn’t recall a meeting where a vase was broken.

123

There was a meeting where he signed the contract, Gongaware recalled, saying there were more but he doesn’t remember specifics.

124

At the meeting in early June, Gongaware he was present along with Kenny, Randy, Frank DiLeo, Dr. Murray and Michael.

125

The meeting was about making sure MJ and Dr. Murray had everything they needed to care for Michael, Gongaware explained.

126

Yes, we did talk about health-related issues, Gongaware said.” It was more a general meeting about what Dr. Murray would need.”

127

As to the June meeting, Gongaware said Michael Jackson was a little off. “He was just coming back from visiting Dr. Klein,” Gongaware said.

128

I believe he was under the influence of something, Gongaware said. Meeting was about Michael and what he needed for the tour.

129

Health issues were discussed at the meeting and Dr. Murray was there, Gongaware admitted.

130

Gongaware told the police the topic of the meeting was Jackson’s overall health, i.e., diet, stamina and his weight.

131

Judge Yvette Palazuelos adjourned session for the day. Trial resumes tomorrow at 9:45 am PT with Gongaware on the stand. See you then!

Michael Jackson case: ‘We need to pull the plug now,’ says AEG email

By Jeff Gottlieb

May 28, 2013, 1:40 p.m.

Three months before Michael Jackson died, a top executive of concert promoter AEG Live wrote an email to another company executive saying, “We need to pull the plug now. I will explain.”

The email was sent on March 25, 2009, and was from Randy Phillips to Paul Gongaware, who took the stand Tuesday in what is expected to be the first of several days of testimony.

Gongaware denied that the email was a reference to calling off Jackson’s “This Is It” concerts in London but instead was pointed at “pulling the plug on Karen Faye,” the singer’s hairstylist, makeup artist and longtime friend who had expressed fears about Jackson’s poor health.

“We never talked about pulling the plug on the Michael Jackson tour, not that I recall.” said Gongaware, co-chief executive of AEG Live’s touring division.

Faye testified earlier in the trial that she told tour director Kenny Ortega in June that she was worried Jackson would die.

In another March 25, 2009, email, Ortega wrote Gongaware that it was Faye’s “strong opinion that this is dangerous and impractical with consideration to MJ’s health and ability to perform.” The singer died June 25, 2009, as he was rehearsing for the tour.

The email, shown to the jury in the wrongful-death suit filed by Jackson’s mother and children, raises questions about how early people began sending out warnings about Jackson’s health.

“I think Kenny wanted to pull the plug on her because of the way she handled the situation,” Gongaware testified about Faye. “She tried to control access to Michael Jackson, and Kenny didn’t like that.”

In other emails shown to the jury, Gongaware denigrated Jackson’s work ethic. He told his assistant to change the colors of a calendar so the singer would think he had more days off.

“Figure it out so it looks like he’s not working so much,” Gongaware wrote.

Another email, Gongaware said, was about the need for Jackson to appear at a news conference in London announcing the concerts.

“We cannot be forced into stopping this, which MJ will try to do because he is lazy and constantly changes his mind to fit his immediate wants,” he wrote.

Explaining the email, Gongaware testified that Jackson “really didn’t like to rehearse. He didn’t like to do these kinds of things.”

Jackson’s mother and three children are suing AEG for negligently hiring and supervising Conrad Murray, the doctor who administered a fatal dose of the anesthetic propofol to the singer.

AEG maintains that Jackson hired Murray and that any money the company was supposed to pay the physician was actually part of an advance to the singer.

http://www.latimes.com/local/lanow/la-me-ln-michael-jackson-aeg-email-20130528,0,1009522.story

Wednesday May 29, 2013.  DAY 19

  • We learn that Michael did not take part in making Conrad Murray’s contract and never saw it
  • Gongaware says that previously Michael Jackson went without any rehearsals! Just as we thought! But if there was no need for them in the past there was no need for him coming to every rehearsal now. Any insistence on the rehearsals or twisting Michael’s arms like AEG did it was out of the question
  • Gongaware pretends he does not remember his most famous email sent to Murray: “We want to remind him that it is AEG, not MJ, who’s paying his salary. We want him to understand what’s expected of him.”
  • The stage director said that in April Michael was able to do multiple 360 spins! But in June he was already a ‘basket case’ – so this is what they did to him within two months only.
  • Kenny Ortega’s email: “There were four security guards outside his door, but no one offering him a cup of hot tea.” Exactly.

132

Hello from the courthouse in downtown LA. We’re waiting outside the courtroom waiting to be let in for Day 19 of Jackson Family vs AEG trial

133

AEG’s Co-CEO Paul Gongaware is set to resume testimony. This will be his second day on the stand and he’s expected to take all day again

134

Gongaware’s testimony yesterday covered several areas and was confusing at times. I believe the tweets reflect that. ;-)

135

Several Michael Jackson fans are in the hallway waiting. We’re told it will be at least another 30 minutes before trial resumes.

136

Judge Palazuelos has one more case and two ex parte (emergency) to hear before trial can resume. Busy morning so far.

137

AEG’s Gongaware is in the hallway. Shawn Trell also present, chatting with his attorneys. Jacksons attorneys here, but no family members yet

138

Katherine Jackson and daughter Rebbie just entered the courtroom. We’re still outside waiting to get in.

139

Katherine is wearing a navy blue jacket and Rebbie is wearing a black and white dress with black jacket.

140

Brian Panish resumes questioning of AEG’s Paul Gongaware. Plaintiffs called him as adverse witness.

141

My understanding Michael Jackson is a party (to the contract), Gongaware said about Dr. Murray’s contract. He said he never saw it, though

142

Panish: Why did AEG have to enter into a contract with Dr. Murray?

143

Gongaware: I don’t know

144

About AEG terminating Dr. Murray, Gongaware said he didn’t believe they could do it, because he was Michael’s doctor.

145

Gongaware said it was fair to say he didn’t know why AEG would enter into a contract with a doctor for Michael Jackson.

146

Panish asked Gongaware if MJ negotiated the price/contract with Dr. Murray. “I believe he did through me, he instructed me what to offer”

147

Gongaware said he didn’t know for sure whether Karen Faye was an independent contractor or not.

148

Dr. Murray would’ve been 100% charged to Michael Jackson, Gongaware testified.

149

Gongaware said he didn’t know what the $300k budgeted for medical management was for.

150

Panish tried ‘impeaching’ Gongaware, which is the process of calling into question the credibility of an individual who’s testifying.

151

Yesterday and today the plaintiffs’ attorney would ask a question then play parts of the deposition to catch Gongaware in contradiction.

152

Gongaware told the jury he was concerned in getting MJ involved and focused, engaged mentally.

153

I believe that was Kenny’s concern, that he wanted him to be focus, Gongaware explained.

154

MJ had gone before without rehearsing, Gongaware recalled. “When he got to London, MJ was going to be sensational.”

155

Gongaware said Dr. Murray didn’t discuss with him MJ’s sleeping problems. In his deposition, Gongaware said he didn’t remember.

156

Panish asked Gongaware what made him remind that Dr. Murray didn’t talk to him about MJ’s sleeping problems; example of impeaching witness

157

I don’t know way he was on, he was a little off, Gongaware said, adding that he didn’t know what kind of drugs Dr. Klein was giving MJ.

158

Obviously I was looking for a nutritionist for him, but I wasn’t involved in his nutrition, Gongaware said.

159

Panish played Gongaware’s deposition where he said he was not involved in finding a nutritional person.

160

Gongaware explained he believes nutritional person and nutritionist were not necessarily the same.

161

On June 15, 2009, Gongaware sent and email to Ortega in response to request for nutritionist and physical therapist for MJ.

162

Email: We’re on it. AEG owns major sports teams in this market so we think we can find the right people quickly.

163

Kenny responded:Not a minute too soon. Let’s turn this guy around!

164

Gongaware testified he remembers someone named David Loughner working with MJ. Panish pointed out Laughner is Randy Phillips’ friend.

165

I don’t know if he was a nutritionist, it was someone in charge of making MJ eat, Gongaware explained.

166

Gongaware: He’s a guy who’s dealt with artists quite a bit

167

Panish: Artists in trouble?

168

Gongaware: Artists in general

169

Gongaware said he doesn’t know what Laughner did, but he’s seen him working with JLo and Enrique Iglesias.

170

Gongaware didn’t know why MJ would need a nutritionist when he had a doctor hired. “Kenny asked for it,” Gongaware explained.

171

He said Michael Jackson had always been thin.

172

Gongaware said he told Dr. Murray he wanted him to have everything he needed.

173

Gongaware said he didn’t attend rehearsals frequently. “I was at the rehearsal facility at all the times but I wasn’t in the arena much.”

174

We were always concerned about MJ’s health and well being, Gongaware explained, saying he was responding to Kenny Ortega’s requests.

175

Gongaware said Kenny Ortega was responsible for keeping an eye on everything, including MJ and his health.

176

Panish: Do you think Ortega was overreacting?

177

Gongaware: Perhaps. I knew that when house lights went up, he was going to be there

178

Panish: You think Ortega was overreacting when raised concerns about MJ’s health?

179

Gongaware: I think I wasn’t concerned as he was

180

Talking about the email Gongaware wrote saying he wanted to remind him (Dr. Murray) that it’s AEG, not MJ, who’s paying his salary.

181

In his deposition, Gongaware said he didn’t know what he meant to say in the email.

182

Gongaware testified he spent some of the time himself looking at this email, putting it in context with the rest of the material he had.

183

Panish: After meeting with your lawyers and talking about an hour or two about this email, did you refresh your memory what you meant?

184

I did come to conclusions a lot on my own, then I discussed it with my attorneys, Gongaware explained.

185

Gongaware: After you go through you remember the facts

186

Panish: You didn’t have psychotherapy to refresh your recollection?

187

G: No

188

I still don’t recall writing it, Gongaware said, “I don’t recall writing it, but I admit I wrote it.”

189

Panish went through every word of the email, which was to Kenny Ortega and Frank DiLeo.

190

Panish: You’re referring to Dr. Murray and what’s expected of Dr. Murray, right?

191

Gongaware: Yes

192

We did talk about Dr. Murray’s salary, but a deal was never consummated, Gongaware said.

193

His responsibility was to take care of his patient, Gongaware said about Dr. Murray.

194

Panish asked if he thought Dr. Murray knew what his responsibility was, so the need to remind him what’s expected of him?

195

This thing was shorthand between me, Kenny and Frank, Gongaware explained.

196

He said he should’ve been more careful choosing his words. He claimed he was referring to Kenny’s email re nutritionist, physical therapist

197

I certainly feel Dr. Murray should be competent to do that (be a nutritionist). He’s a doctor! Gongaware testified.

198

Panish asked why Gongaware thought they needed a nutritionist when they had a doctor hired. “Kenny asked for one,” he responded.

199

If MJ were signed the contract and if MJ would’ve instructed us to pay him, we would’ve pay him, Gongaware said about Dr. Murray.

200

I was writing in shorthand, Gongaware explained the email.

201

Here’s the email: Frank and I have discussed it already and have requested a face-to-face meeting with the doctor, hopefully Monday.

202

Email cont’d: We want to remind him that it is AEG, not MJ, who’s paying his salary. We want him to understand what’s expected of him.

203

Email cont’d: He’s been dodging Frank so far.

204

Michael didn’t like to rehearse, it didn’t surprise me, Gongaware expressed, saying it was known that MJ didn’t go to rehearsals.

205

In May, Gongaware sent an email to Tim Leiweke’s secretary, Carla Garcia, asking her to pray for him, since everything was a nightmare.

206

Email on 5/5/09 from Gongaware to Carla Garcia: “Pray for me. This is a nightmare.”

207

Email cont’d: Not coincidentally, I have them now every night. Cold sweats too. Life used to be so much fun…

208

Carla is an absolute babe, I was trying to chat her up, Gongaware explained.

209

I wasn’t trying to hit on her. I don’t have cold sweats, I don’t have nightmares, I sleep great! Gongaware said.

210

Panish asked him if he was lying in the email, white lie?

211

Gongaware: Let’s just say I was joking

212

Panish: You ask people to pray for you joking?

213

G: I did there

214

We’re currently on lunch break. Trial should resume shortly with more Gongaware on the stand.

215

After lunch break, Brian Panish resumes questioning of Paul Gongaware. Katherine Jackson and daughter Rebbie are in the courtroom.

216

What I really wanted was to meet with him about was in Kenny’s email, nutritionist, that kind of stuff, Gongaware said about the email.

217

About AEG paying Dr. Murray’s salary, Gongaware said he wrote that in the email, would be paying his salary if MJ would’ve signed off on it.

218

We expected him to take care of his patient, Gongaware said. “We certainly weren’t controlling the doctor.”

219

Panish: Why are you going to remind someone what to do when they are doing their job?

220

Gongaware: I don’t know

221

I’ve taken this very seriously, I’ve been sued for billions of dollars personally, Gongaware said.

222

Panish asked Gongaware who told him he was being sued for billions of dollars and he told his lawyers told him.

223

Panish: Do you know how much money MJ would earn in the future?

224

Gongaware: Nobody knows that

225

I spent as much time as I could preparing for it, Gongaware explained, saying he’s currently on tour with The Rolling Stones.

226

Panish: Is it more important to work for AEG than to prepare for this case, right?

227

Gongaware: I think they are both equally important

228

Panish: How many artist’s doctor you requested a face-to-face meeting?

229

Gongaware: None that I can recall

230

His health was going to be discussed at the meeting, Gongaware said about asking Dr. Murray to be present.

231

Gongaware said he suggested to his boss, Randy Phillips, to bring the doctor. It wasn’t an order.

232

Email on 6/20/09 from Gongaware to Phillips: Take the doctor with you. Why wasn’t he there last night?

233

This is talking about a problem they had that night with Michael, Gongaware explained.

234

Gongaware: “It appears that Michael was sick that night, so where was the doctor? That was my question.”

235

Gongaware: Meeting was going to be with Michael

236

Panish: Why are you telling the CEO to take the doctor with you?

237

Panish: Because you were controlling him, right?

238

Gongaware: We were not controlling him

239

Dr. Murray was in charge of MJ’s health, Gongaware testified.

240

Email on 6/19/09 from John Hougdahl (Bugzee) to Gongaware and Phillips Subject: Trouble at the front

241

MJ was sent home without stepping foot on stage.

242

I’m not being a drama queen here… Kenny asked me to notify you both.

243

Email cont’d: He was a basket case and Kenny was concerned he would embarrass himself on stage, or worse yet – get hurt.

244

Email cont’d: The company is rehearsing right now, but the DOUBT is pervasive. Time to circle the wagons.

245

All I know is that I had only one meeting with Dr. Murray, Gongaware said, but he doesn’t know what day it was.

246

Gongaware said he didn’t know what Bugzee meant when he wrote “time to circle the wagons.”

247

Back in session after a break.

248

Response from Phillips on Jun 20: Bugzee, I know because I just got Kenny’s message on my vm.

249

Email cont’d: What did he do when he got there and what happened between him and Kenny Ortega? I have a meeting with MJ tomorrow morning.

250

From Hougdahl (Bugzee) to Phillips, cc’d Gongaware: you aren’t going to kill the artist, are you? MJ came out and watched all the pyro demonstration and endorsed the all the effects

251

Email cont’d:  then went into his room and asked Kenny

252

Email cont’d: We assumed this was reference to pyro, but Kenny said he was shaking and couldn’t hold his knife and fork.

253

Email cont’d: Kenny had to cut his food for him before he could eat, and then had to use his fingers …

254

Email cont’d:  I don’t know how much embellishment there is to this, but (Kenny) said repeatedly that MJ was in no shape to go on stage.

255

Email cont’d: He kept going on and on how no one was taking responsibility for “getting him ready”.

256

Email cont’d: We might be getting beyond … damage control, here.

257

I didn’t worry about, it sounded like he was sick and they were going to talk about it next morning, Gongaware explained.

258

Phillips replied: Tim and I are going to see him tomorrow, however, I am not sure what the problem is. Chemical or physiological?

259

Gongaware said he was at a family wedding and wasn’t really paying attention to this. This was 1st time he heard something was wrong with MJ

260

Gongaware responds:Take the doctor with you. Why wasn’t he there last night?

261

Yes, if he (MJ) was sick, why wasn’t he (the doctor) there? Gongaware said he meant in the email.

262

Phillips responded and added Tim Leiweke in the chain:He is not a psychiatrist so I’m not sure how effective he can be at this point.

263

I think Randy is stating his opinion, Gongaware said.

264

Email cont’d: Obviously, getting him there is not the issue. It is much deeper.

265

Panish asked if Gongaware inquired what Phillips meant by “the issue… It’s much deeper.” He said no.

266

Panish: Were you concerned?

267

Gongaware: Not necessarily

268

Gongaware: Well, there was going to be a meeting that day to discuss it

269

G: No

270

P: And never sought to find out?

271

Gongaware: No

272

Panish: Nobody told you anything where Dr. Murray was?

273

Response from Hougdahl to Phillips, about needing trainer/therapist: I’ve watched him deteriorate in front of my eyes over the last 8 weeks.

274

Email cont’d: He was able to do multiple 360 spins back in April. He’d fall on his ass if he tried it now.

275

There was a meeting on June 20th. I wasn’t there, I was back East, Gongaware recalled.

276

Unfortunately, we are running out of time. That’s my biggest fear.

277

He was afraid of that, I wasn’t, Gongaware said.

278

Email from Phillips:

279

Gongaware agreed that in this business, the show must go on.

280

Gongaware said AEG has a policy that they check people out either by knowing them, by being known in the industry or recommend by the artist

281

Gongaware testified he didn’t know when Dr. Murray’s contract was to begin.

282

That contract was for London and the shows for London, I believe, Gongaware said.

283

Email on 6/20/09 from Phillips to LeiwekeComm and Kazoodi:This guy is really starting to concern me.

284

Email cont’d: Read his email and my response. Dr. Murray and I are meeting with MJ at 4pm today at The Forum.

285

Kazzodi is a private email address that belongs to Gongaware.

286

Phillips sent this email to Leiweke and Gongaware’s private email accounts.

287

The artist’s health is paramount. Without the artist, there’s no show. The artist is the most important thing, Gongaware testified.

288

Email on 6/19/09 from Phillips to Leiweke: “We have a real problem here.”

289

There was a meeting that was going to happen the next day, Gongaware said, and he waited to see what would come out of it.

290

Email on 6/19/09 from Leiweke to Phillips: Let’s set up a time for you and I to meet with him. I want Kenny in the meeting as well.

291

Ortega wrote back: I will do whatever I can to be of help with this situation. My concern is now that we’ve brought the Doctor into the fold

292

Email cont’d: played the tough love, now or never card, is that the Artist may be unable to rise to the occasion due to real emotional stuff

293

Email cont’d: He appeared quite weak and fatigued this evening. He had a terrible case of the chills, was trembling, rambling and obsessing.

294

Email cont’d: Everything in me says he should be psychologically evaluated. If we have any chance at all to get him back in the light

295

Email cont’d: it’s going to take a strong Therapist to help him through this as well as immediate physical nurturing.

296

Email cont’d: I was told by our choreographer during the artists costume fitting w/ his designer tonight they noticed he’s lost more weight

297

Email cont’d: As far as I can tell, there’s no one taking responsibility (caring) for him on a daily basis. Where was his assistant tonight?

298

Email cont’d: Tonight I was feeding him wrapping him in blankets to warm his chill, massaging his feet to calm him and calling his doctor.

299

Email cont’d: There were four security guards outside his door, but no one offering him a cup of hot tea.

300

Email cont’d: Finally, it’s important for everyone to know I believe he really wants this. It would shatter him break his heart if we pulled plug

301

Email cont’d: He’s terribly frightened it’s all going to go away. He asked me repeatedly tonight if i was going to leave him.

302

Email cont’d: He was practically begging for my confidence. It broke my heart. He was like a lost boy.

303

Email cont’d: There still may be a chance he can rise to the occasion if we get him the help he needs.

304

Phillips responded:Kenny, I will call you when I figure this out,we have a person like that, Brigitte, who’s in London advancing his stay.

305

Email cont’d: We will bring her back asap and Frank, too, however, I’m stymied on who to bring in as a therapist

306

Email cont’d: and how they can get through to him in such a short time.

307

Gongaware said Brigitte is a lawyer who was in charge of accommodations for MJ in London.

308

Side note: it’s super hot in the courtroom. Air condition not keeping up. Attorneys said they will bring fans to help cool the room down.

309

Mrs. Jackson did not return after the afternoon break.

310

This all happened prior to the meeting, and I was waiting to understand what the situation was, Gongaware explained.

311

Gongaware: He was obviously concerned

312

Panish: Seriously concerned, right sir?

313

Gongaware: Seemed to be

314

I think they are special, Gongaware said about artists.

315

Email response from Philips to Kenny urging him, and everyone else, not to become amateur psychiatrists or physicians on 6/20/09.

316

Email: “You cannot imagine the harm and ramifications of stopping this show now”

317

Panish: Can you name a single person at AEG who checked Dr. Murray out?

318

Gongaware: I don’t know if anyone did

319

I didn’t know anything about him, Gongaware said about Dr. Murray.

320

Some people work for reasons other than money, Gongaware opined, but said he didn’t know whether Dr. Murray was in that category.

321

I believe every doctor is unbiased and ethical, Gongaware said. “I think it’s a natural assumption on my part.”

322

Gongaware: I never checked any doctor that I used. I just go by recommendation, never checked anyone’s financial situation.

323

Gongaware said everyone thought MJ had all the money in the world, and it was not unusual for him to see people asking for a lot of money.

324

Panish: He knew MJ’s health was declining based on what the doctor told I’m, right?

325

Gongaware: Based on what his doctor told him, yes

326

I did talk to him and he said the meeting went well, Gongaware recalled.

327

Gongaware said he never heard before today anything about Dr. Murray’s financial conditions.

328

This guy is starting to concern me, Phillips wrote in an email to Leiweke, Gongaware and Frank DiLeo.

329

It is not clear to me who ‘this guy’ is, Gongaware said.

330

I don’t know what Randy meant here, Gongaware explained. “I can easily take ‘this guy’ is MJ here.”

331

Gongaware said he was in a family wedding, hadn’t seen the family for a long time and was not paying attention to work.

332

Gongaware said he produced every email he had related to this case.

333

Further to the earlier email…

334

Email on 6/22/09 from Hougdahl (Production Manager, known as Bugzee) to Gongaware:

335

Tomorrow is another story…

336

Email cont’d: Let’s keep our 2 docu people out of here today, unless they stay in the dressing room area only.

337

Panish: Sir, Michael was sick this time, wasn’t sir?

338

Gongaware: I don’t know, he showed up next day and was great!

339

Panish: But you were not at the rehearsal, sir?

340

Gongaware: I saw reports

341

He appeared to me to be fully engaged, Gongaware said.

342

Panish talking about June 24th rehearsing:

343

I recall seeing Thriller because it was the first time they were rehearsing with the costume and I wanted to see it, Gongaware said.

344

That ended Day 19 of testimony. Paul Gongaware resumes tomorrow morning. They hope to be done with him by Friday. See you all tomorrow!

AEG email: Murray works for us, not Jackson

By Jeff Gottlieb

May 29, 2013, 3:55 p.m.

An email from a ranking AEG executive that was shown in court Wednesday could be among the most telling pieces of evidence in answering a central question in the Michael Jackson wrongful death suit: who employed Dr. Conrad Murray?

“Frank and I have discussed it already and have requested a face-to-face meeting with the doctor, hopefully Monday,” AEG Live co-CEO Paul Gongaware wrote on June 14, 2009, 11 days before Murray administered a fatal dose of the anesthetic propofol to the singer.

“We want to remind him that it is AEG, not MJ who is paying his salary. We want him to understand what is expected of him.”

One of driving questions in the wrongful death case is whether it was concert promoter AEG or Jackson  who hired and controlled Murray, who is now serving time for involuntary manslaughter,

Confronted with the email as he sat on the witness stand Wednesday, Gongaware said he didn’t recall writing it.

“I don’t understand it because we weren’t paying his salary,” Gongaware said.

“So why were you writing it?” asked Brian Panish, the Jackson family’s attorney.

“I have no idea,” Gongaware replied.

The AEG executive later said the email was “shorthand” between him, tour director Kenny Ortega and Jackson’s manager Frank Dileo. “I was going through hundreds of emails a day. If I knew lawyers four years later were picking everything apart, I may have been more careful choosing my words,” Gongaware testified.

Gongaware also testified that in response to concerns over Jackson’s health from Ortega, he was trying to find the singer a nutritionist and physical therapist.

Ortega replied in a June 15, 2009, email , “Super. Not a minute too soon. Let’s turn this guy around!”

Asked by Panish if Oretga raised his concerns about Jackson’s health, Gongaware replied, “Perhaps.”

“I was never concerned about Michael Jackson. I knew when the houselights went off, he would be there and on.”

In their lawsuit, Jackson’s mother and three children contend that AEG negligently hired and supervised Murray, who was supposed to be paid $150,000 a month. AEG says that any money it was supposed to pay the doctor was an advance to Jackson.

In another email exchange, this one with the assistant to Tim Leiweke, then chief executive of parent company Anschutz Entertainment Group, Gongaware wrote that he couldn’t tell her which day the “This Is It” concerts would open in London because Jackson hadn’t shown up to rehearsal.

“Pray for me,” he wrote May 5, 2009. “This is a nightmare. Not coincidentally, I have them now every night. Cold sweats, too. Life used to be so much fun…”

Gongaware testified that he was joking in the email.

http://www.latimes.com/local/lanow/la-me-ln-aeg-email-murray-20130529,0,732404.story

Here is the CNN video where Paul Gongaware pretends to be a complete imbecile. He does not recognize his own email and does not understand a word of what it is saying:

AEG exec probed at Jackson death trial

AEG exec confronted at Jackson trial

Thursday May 30, 2013 DAY 20

  • Gongaware and other AEG bosses have an indemnity clause in their employment contracts. It means that if they do something wrong the company will be responsible for it. So they are not even risking their own money.
  • John Branca ventured to offer atherapist for Michael Jackson and asked if substance abuse was involved. Well, at least he cared.
  • All this talk about Michael being an “addict” is nonsense. Gongaware says that in the entire time he was dealing with Michael in This Is It tour, he saw him slightly off only once when he came back from his doctor (Klein’s was doing some cosmetic procedures). This was the only time Michael’s speech sounded slurred.
  • On the day Michael died Randy Phillips was asking for life insurance. Separate life insurance are never added to regular non-appearance insurances obtained for tours. So despite those two highly successful rehearsals on June 23d and 24th Randy Phillips thought that Michael could die? And the same time he was saying to everyone that they should not ‘play amateur physicians”?
  • Gongaware instructed the members of the band and dancers to ‘keep positive’ when giving interviews and stress that MJ was active, engaged and not emaciated person ‘some want to paint’. So this is why all of them sounded so guarded! You could almost see them lying.
  • Panish says that Frank DiLeo’s attorney has copies of Frank Dileo’s emails.  The computer itself has long disappeared.
  • Gongaware claims that the first time he saw the chain of email subject “Trouble at the Front” was only at this trial. This is the least knowledgeable CEO of a company I have ever seen.
  • We learn that had it not been for plans to sell beverages on the O2 arena Michael would have been required to  also pay the arena rent.  And I thought that at least this was supposed to be provided free. Provision of the O2 arena was AEG’s main and probably only serious obligation as a promoter. These people will charge you money for every breath you make
  • All this comparison of Michael with Elvis is totally unnecessary. Gongaware testified that he never saw Michael take drugs in History tour, and learned that there were some painkillers involved in Dangerous tour only from a later TV announcement. So how could Gongaware ‘kind of know what to expect’?
  • Gongaware said that before the third (?) leg of Dangerous tour Michael had scalp surgery, and his nerve was hit which was very painful – so this is why Michael had those terrible migraines!

345

Day 20 of Jackson Family vs AEG trial is underway. Brian Panish resumed questioning of AEG’s executive and co-defendant Paul Gongaware.

346

Gongaware said he met with his attorneys again yesterday to refresh his recollection.

347

Panish asked if AEG was concerned about Mr. Jackson’s health.

348

When he was sick we obviously had a concern, Gongaware responded.

349

Gongaware said he understood MJ was sick from reading the chain of emails shown yesterday.

350

But Gongaware told the jury he didn’t have any particular concern about Michael Jackson.

351

Other than on June 19th, no one told Gongaware about being concerned with MJ’s health.

352

Talking about the email Hougdahl sent saying MJ was deteriorating quickly, Gongaware explained: “I didn’t see it the way he saw.”

353

Panish: Was Mr. Hougdahl joking about it?

354

Gongaware: A little bit

355

Hougdahl wrote in another email to Gongaware that MJ needed some cheeseburgers, a couple of brats and beers.

356

Panish inquired whether Gongaware had indemnity clause in his contract.

357

I haven’t read my contract in 12/13 years, I don’t know what it says, Gongaware said.

358

Panish asked if he AEG would cover for Gongaware should they be found guilty.

359

I’ve been assuming that, Gongaware responded, adding that depending upon the size of the judgment, AEG could go after him.

360

Panish asked how much AEG would be able to afford, and Gongaware said he didn’t know.

361

Panish emphasized there are various ways for AEG to pay a judgment, and Gongaware mentioned they had some sort of cancellation insurance.

362

Lunch break is almost over. We’ll tweet more updates as soon as we can.

363

If it feels like they were jumping from one subject to another, it’s because they were. We’re told Panish is almost done.

364

Just want to remind everyone that we are not allowed to live tweet, per judge’s order. We have to do it during breaks

365

Email 6/15/09 from Hougdahl to Gongaware

366

He needs some cheeseburgers w/ bunch of Wisconsin cheesehead bowlers and couple of brats and beers

367

Gongaware said he does not know how many pages his employment agreement is.

368

Panish asked about indemnity in Gongaware’s contract. The exec said indemnity means that someone else is taking on the responsibility.

369

Panish: That means if you did something wrong…

370

Gongaware: They would be responsible

371

Panish went back to discuss the email from Randy Phillips where he wrote Dr. Murray didn’t need the gig and was unbiased and ethical.

372

Panish: Is Mr. Phillips unbiased and ethical, sir?

373

Gongaware: I think he is

374

Panish asked if it was ethical for Phillips to represent to Ortega that the doctor is ‘extremely successful’ and ‘we checked everyone out’

375

Gongaware responded that he didn’t know what Phillips knew at the time.

376

Panish: Is number one priority ‘the show must go on’?

377

Gongaware: I don’t know if that’s number one

378

P: What’s number one?

379

G: Getting it right

380

Panish showed the email John Branca, Michael’s attorney, saying he had the right therapist for MJ and asked if substance abuse was involved.

381

This is referring to the meeting that was going to happen and I was waiting to see the results of it, Gongaware said.

382

I didn’t believe there was a substance abuse issue, Gongaware testified.

383

In the entire time I was dealing with him in this tour, I saw it once when he came back from his doctor, Gongaware testified.

384

Gongaware said that was the only time he saw Michael with slurred speech and under the influence of something.

385

Gongaware said he didn’t know what Dr. Klein was giving Michael Jackson.

386

When Panish asked Gongaware if he checked Dr. Klein out, he replied: “No, he was Michael’s doctor and it was none of my business.”

387

Gongaware talked about the meetings he attended at MJ’s house. He couldn’t remember how many, but said one with Dr. Murray was in June.

388

On June 24th, Gongaware saw MJ rehearse the song ‘Thriller’. He said he thought Michael was engaged and alert.

389

As to insurance issues, Gongaware said he was involved only peripherally.

390

On June 25, Gongaware sent an email saying that if they didn’t get sickness coverage in the insurance, they would be dropping the policy.

391

Gongaware said he didn’t know why he was pressing for sickness insurance on the day MJ died.

392

Bob Taylor, the insurance broker, wrote back that it was always down to the medical issued from the word go.

393

Regarding Randy Phillips asking for life insurance the day MJ died, Gongaware said he didn’t pay much attention to insurance, didn’t recall

394

The day MJ died, Gongaware said Phillips called him and told him to get over to the house right away, there seems to be a problem.

395

Randy followed the ambulance to UCLA. “The second call was that he informed me that he had died,” Gongaware remembered.

396

On June 25, Gongaware said he went to the rehearsal at the Staples Center and talked to Kenny Ortega.

397

Panish: Were you sad Mr. Jackson died?

398

Gongaware: Very much so

399

He was a business associate, Gongaware said about MJ. They did not didn’t hang out as friends,

400

Panish asked about Phillips’ email directing Gongaware to remove thin, skeletal footage of MJ in red jacket from This Is It documentary.

401

Gongaware testified today he remembered receiving the email. In his deposition played in court, Gongaware said he didn’t recall the email.

402

Panish: Did you change your testimony?

403

Gongaware: No. I saw the email as part of my prep

404

Gongaware said he didn’t try to control any of the messages about MJ after his death to reflect he was fully engaged in rehearsals.

405

Panish asked about an email from Gongaware okay’ing the band, singers and dancer to give interviews but asked them to keep it positive.

406

Email: The only thing we ask is that they keep it positive and stress that MJ was active, engaged & not emaciated person some want to paint

407

Panish: You were controlling the message as producer of that documentary, sir?

408

Gongaware: I don’t think so

409

Gongaware said there were 15,000 tickets per show, $1.5 million in tickets per show, $47 million for all 31 shows.

410

Tickets were selling at lightening fast, Gongaware said. “As fast as the system can sell.”

411

The tickets were sold in March, Gongaware said. It was held by the arena, AEG had control of the money.

412

Gongaware said merchandising was another way of making money. The building, which is owned by AEG, would keep the revenue of beverage sold.

413

Gongaware said the beverage money would offset the arena rent, which Michael would not have to pay.

414

Gongaware: His (MJ) potential was great

415

Panish: Unlimited ceilings?

416

Gongaware: If he was willing to work that hard, he would’ve done well

417

The only thing we knew was 50 shows in London. Michael had not agreed to anything else, Gongaware explained.

418

Katherine Jackson was in court wearing an electric blue jacket. Rebbie accompanied her, wearing a dark blue with white square strips jacket.

419

Since the courtroom has been so hot, several fans have been placed around in an effort to cool the room off. It worked, partially.

420

After lunch, attorneys spent about 20 minutes discussing the contents of Frank DiLeo’s computer. Panish said an attorney in LA has copy.

421

Judge urged both sides to work with this newly-discovered attorney in order to get copies of DiLeo’s emails.

422

Panish asked Gongaware by the time the show was sold out, how many people were in the queue to buy tickets.

423

250,000 people were still in the queue, which would be enough to sell another 50 shows, Gongaware answered.

424

Panish then concluded his questioning of Gongaware.

425

Panish: Did you tell the truth when you testified in this case, sir?

426

Gongaware: Yes

427

AEG’s attorney, Marvin Putnam, did the questioning of Gongaware on behalf of the defendants.

428

Putnam: Have you ever been sued personally for the wrongful death of anyone?

429

Gongaware: No

430

P: Are you nervous?

431

G: Yes

432

Putnam: How are you feeling?

433

Gongaware: It’s difficult, it’s very stressful

434

Putnam asked about Gongaware’s memory and he said it’s okay.

435

Putnam said Gongaware handed over more than 13,000 emails in discovery from the “This Is It” period.

436

Putnam inquired about Gongaware’s Kazoodi personal email account. On 6/20/09, the chain of emails with “Trouble at the Front” was sent there

437

Gongaware said he didn’t remember receiving this email.

438

Gongaware said he had more than one “Kazoodi” email account. He said he was not using the account the email was sent to on 6/20.

439

The account was closed at the time, Gongaware testified, saying he never received the email. But he said he never denied it was sent.

440

Gongaware claimed yesterday was the first time he saw the chain of email subject Trouble at the Front.

441

Gongaware said he was receiving hundreds of email a day at the height of 2008/09 tour preparation.

442

Gongaware testified he didn’t read all of them because of time factor or it was something it didn’t have to do with him.

443

Gongaware said he doesn’t have an office at AEG, and that he works in his own projects. He has an office at his house.

444

Gongaware is the Co-CEO of AEG Live Concerts West with John Meglen. He said he was the co-founder of the company. Phillips is AEG Live CEO.

445

Gongaware explained he has been testifying about what he could recall. If he didn’t remember, he said he told the jury he couldn’t recall.

446

Gongaware testified he looked at the emails after his deposition because he wanted to put everything together and see the bigger picture.

447

Putnam: Did you try to give your best testimony?

448

Gongaware: Yes, I did

449

Regarding the phone call between Gongaware and Dr. Murray where the doctor asked about $5 million, Gongaware said he remembers that call.

450

The next call between the two, it was the $150,000 call, where Gongaware offered the doctor $150k.

451

Gongaware said those were the only two calls he had with Dr. Murray.

452

Gongaware said the 1st time he met Dr. Murray was a meeting at MJ’s Carolwood house. He said MJ, Kenny, Randy, Frank, Dr Murray were present

453

Gongaware recalled the other meeting with Dr. Murray was an encounter with him at The Forum. He remembers saying hello to him.

454

Gongaware said he’s sure he didn’t meet with Dr. Murray other than on those two occasions.

455

Break down: Gongaware said he spoke with Dr. Murray on the phone two times and met with him two times.

456

Gongaware said he promoted couple of shows/dances in college. He graduated in ’69 from Waynesboro College in Pennsylvania in Accounting

457

Gongaware worked for Arthur Andersen in NYC after college as auditor. He said one needed two years of experience in order to get CPA license

458

The company ended up shutting down after being involved in the Enron scandal, Gongaware explained.

459

Gongaware said there’s a continuing education requirement in order to maintain his CPA license,  but he hasn’t kept current.

460

I didn’t like that work, Gongaware said about leaving the practice. “I wanted to do things and not just being an accountant.”

461

Gongaware said he ski bummed for a winter and would do bookkeeping to pay for his lodge.

462

After, he promoted the Grateful Dead at Folsom Field in Boulder, CO. Gongaware said he didn’t know the band, cold called them & got the work

463

The concert was sold out, Gongaware said, and he became an independent promoter.

464

Around 1975, he met Terry Bassett who worked at Concerts West and Gongaware went to work for them in their Seattle’s office.

465

He worked for them for about 10 years. Gongaware said he went to work for the company because the money was steady.

466

At Concerts West, Gongaware worked with Bad Company, Led Zeppelin, Beach Boys, Chicago, Eric Clapton, among others.

467

This Concerts West is not the same he is the currently the co-CEO.

468

Jerry Weintraub was Elvis’ promoter and Concerts West assigned him to work with Colonel Parker, Elvis’ manager.

469

On Jun 25, 2009 Gabriel Sutter (a tech guy) wrote Gongaware a condolences email.

470

It was such an incredible shock to go through that experience, Gongaware explained.

471

Gongaware’s response on July 5, 2009: I was working on the Elvis tour when he died so I kind of knew what to expect. Still, quite a shock.

472

You have all these people out of work, Gongaware explained. “At the Elvis some were without jobs permanently.”

473

Putnam: When you wrote the email, did you expected MJ to die?

474

Gongaware: No, not all

475

P: Did you ever consider the idea MJ would die?

476

G: No

477

MJ died of overdose of Propofol, Gongaware testified.

478

He didn’t die of being sick or malnutrition, Gongaware said. “It was overdose of Propofol.”

479

Gongaware said he had no idea of what Propofol was.

480

Gongaware was in his 20s when he worked with Elvis. He said when they’d announce Elvis concert, there would be lines at the box office 4 days

481

Gongaware said Colonel would buy ads on every radio station and promote the show.

482

When tickets went on sale, Gongaware was to report to Colonel every hour regarding the ticket sales.

483

Gongaware said Elvis died of a heart ailment.

484

((On Tuesday, Gongaware testified Presley died of drug overdose))

485

At a point, Gongaware said Elvis was not performing. “The Colonel was keeping Elvis from work.”

486

Gongaware said he never met Elvis.

487

Gongaware said he came to find out later, after Elvis’ death, that the artist had drug problems.

488

Gongaware said he worked on MJ’s memorial service. He was in charge of the tickets and worked closely with the family.

489

He said he didn’t charge for his work.

490

Putnam: Why did you work at the memorial service?

491

Gongaware: It was the right thing to do

492

Gongaware left Seattle and came to LA to work at Concerts West. He then went to Warner Miller Films. The company did primarily ski movies

493

Around 1992, Gongaware went to work on the “Dangerous” tour with MJ. This was his first time working with Michael Jackson.

494

He worked with the Jacksons in 2000. But he remembered working on a tour with the Jacksons prior to 92 and said MJ was part of the group.

495

I was the tour manager, handled the logistics and travel for the B party, Gongaware said, adding he worked for MJ but not for A party.

496

A party – artist

497

B party – band and administration

498

C party – crew

499

D party – documentary people

500

Gongaware said there were several legs on Dangerous tour. It was a worldwide tour. He never met MJ on that tour, saw him on stage few times

501

The first time Gongaware met MJ was in Las Vegas when he was visiting Colonel Parker.

502

Steve Wynn’s brother called and said MJ wanted to meet Colonel. Gongaware stayed and met MJ.

503

Putnam: Were there any doctors in that tour?

504

Gongaware: Yes, two

505

Gongaware said Dr. Forecast was MJ’s personal doctor. He didn’t think Dr. Forecast treated anyone else, so they had Dr. Finkelstein also

506

Dr. Finkelstein, a general practitioner, was in the B party. They went to places where they didn’t know the quality of local healthcare.

507

Gongaware explained Dr. Finkelstein treated B, C and D parties. Gongaware said he did not see any doctor treat MJ.

508

Dr. Finkelstein told Gongaware he treated MJ two times. Dr. Forecast wasn’t in Bangkok yet, so Dr. Finkelstein treated him when he needed.

509

The King of Thailand said MJ would have to do the second show because his friends were attending, Gongaware recalled.

510

Gongaware said the King put armed guards outside their doors to make sure they didn’t leave.

511

Putnam: During the Dangerous tour, have you come to have an understanding that MJ had a problem with drugs or painkillers?

512

Gongaware: No

513

The Dangerous tour in 93 was cut short in Mexico City, Gongaware said. He learned it had to do with drug addiction because MJ announced it.

514

Putnam played the audio with MJ’s statement.

515

My friends and doctors advised me to seek professional guidance immediately in order to eliminate what has become an addition, MJ said.

516

After that, judge adjourned the trial until tomorrow morning. Gongaware is to resume his testimony and expected to last all day.

517

Judge said there will be only four hours of trial tomorrow, from 9 am to 1 pm PT. We hope to see you all tomorrow.

518

Watch @ABC7 Eyewitness News and go to http://www.abc7.com  to see excerpts of Gongaware’s deposition along with emails shown at trial.

519

Here’s the text of MJ’s announcement in 1993:

520

My friends and doctors advised me to seek professional guidance

521

Cont’d: immediately in order to eliminate what has become an addiction. It is time for me to acknowledge my need for treatment

522

Cont’d: in order to regain my health. I realize that completing the tour is no longer possible and I must cancel the remaining dates.

523

Cont’d: I know I can overcome the problem and will be stronger from the experience.

524

Good morning from the courthouse in downtown LA. Apologies for not tweeting entire MJ message yesterday, but we reached twitter limit! ;)

AEG email: Footage of a ‘skeletal’ Jackson ordered deleted

May 30, 2013, 2:03 p.m.

About six weeks after Michael Jackson’s death, an AEG executive told a producer for the “This Is It” documentary to delete footage of the singer looking too “skeletal.”

Witnesses in the Jackson family’s wrongful-death suit have testified that they were worried about the singer’s health and dramatic weight loss in the day before his scheduled comeback tour and had expressed concerns to tour officials.

The paramedic who came to Jackson’s Holmby Hills home after the 911 call on June 25, 2009, testified that the singer was so emaciated that he thought Jackson was an end-stage cancer patient who had come home to die.

“Make sure we take out the shots of MJ in that red leather jacket at the sound stage where the mini-movies were being filmed,” AEG Live president and co-chief executive Randy Phillips wrote.

“He looks way too think (sic) and skeletal.”

Phillips sent the email to Paul Gongaware, who was back on the witness stand Thursday for his third straight day of testimony. Gongaware, co-chief executive of AEG Live, was a producer of the documentary.

Gongaware replied to Phillips, his boss, “ok will have a look when it comes on screen.”

In another email, Gongaware wrote, “We are ok with the band, singers and dancers doing interviews now. The only thing we ask is that they keep it positive and stress that MJ was active, engaged and not the emaciated person some want to paint him as being.”

Answering questions from Jackson family attorney Brian Panish, Gongaware said he was not trying to control the film’s message. “We’re asking them to keep it positive,” he said.

Gongaware said nothing was taken out of the documentary, which included rehearsals for the scheduled 50 concerts in London.

Gongaware’s testimony again emphasized the contrast between the answers he gave during his deposition under oath in December 2012 and his responses in the courtroom.

In testimony Wednesday, he agreed that Phillips meant “thin” in his email, instead of the word he typed, “think.”

Asked during the deposition what Phillips meant, he replied, ”I don’t know what he meant.”

The wrongful death case was brought by Jackson’s mother and three children against AEG, the promoter and producer of the London concerts.

The family contends that AEG negligently hired and supervised Conrad Murray, the doctor who gave Jackson the fatal dose of the anesthetic propofol. AEG says that the doctor worked for Jackson, and that any money the company was supposed to pay Murray were advances to the singer.

http://www.latimes.com/local/lanow/la-me-ln-aeg-skeletal-jackson-20130530,0,4702553.story

Friday May 31 DAY 21

  • During History tour Gongaware never saw any indication of painkillers used. He is positive that Michael did not use any.
  • Michael missed only one show then – when Princess Diana died. Gongaware said Michael missed shows on Dangerous tour but not on HIStory tour.
  • After the first leg of shows ended in Hawaii, Michael had lost $27 million, was in debt $11 million to lighting and sound. The second leg of History was more successful, all the debts were paid.
  •  This Is It tour was discussed primarily between Randy Phillips and Tohme. Gongaware also mentioned Peter Lopez of which I am not sure. I wonder if they can retrieve emails from Peter Lopez’s computer too.
  • An interesting mail was sent by an insurance broker Bob Taylor. He was trying to show to the insurers that “they were not working him too hard”. So all of them knew that they were working him too hard!  Slavemasters.
  • The results of the physical examination on February 4 were perfect. Michael was not doing any drugs and passed the test with flying colors. And this is the absolute truth.
  • When in London Michael was late a couple of hours to announce the news of his comeback  Gongaware was not surprised – Michael did not like press-conferences.
  • And Gongaware says that Michael was absolutely NOT drunk and was not even smelling of alcohol. So this was another of their  ’exaggerations’.

525

Marvin Putnam resumes questioning of AEG’s Paul Gongaware. Katherine Jackson is wearing an orange jacket and Rebbie is in a black jacket.

526

Putnam asked Gongaware if he had any understanding as to why MJ was taking painkiller.

527

Gongaware: Before 3rd leg of Dangerous tour started, he had scalp surgery, hit nerve or something it was very painful; was treated for that

528

When he did the Pepsi commercial, his hair was burn at the top, Gongaware explained, saying they did surgery so hair would look natural.

529

I didn’t know it was an addiction, Gongaware said, and that he learned MJ had drug problems after Mexico City.

530

Gongaware did a Rod Stewart tour in North America after Dangerous tour. He next worked with Michael in the “HIStory” tour in 1996/97.

531

Gongaware said he did not have a general concern with MJ having a drug addiction.

532

After shows ended in Hawaii, Michael had lost $27 million, was in debt $11 million to lighting and sound, Gongaware testified.

533

He switched managers to fixed things up in the second half of the tour, Gongaware explained.

534

Gongaware said he had to cut lot of expenses. They wanted to give Michael the same show, but he said there was so much excess to be trimmed

535

Second half of the tour, Gongaware was the tour executive and he worked directly for MJ. It netted $14 million, $11 million paid vendors.

536

We got the tour to break even, Gongaware testified, saying he worked closely with Jackson on the second half of the tour.

537

Putnam: Was there an ongoing concern Mr. Jackson was having problems with painkillers during the HIStory tour?

538

Gongaware: No, not at all

539

Gongaware said he didn’t see anything that would suggest Michael was addicted to painkillers.

540

The exec testified MJ didn’t have doctor traveling with him on the second half of the tour and there was no tour doctor with the tour.

541

Putnam: How was MJ on the HIStory tour?

542

Gongaware: Great! He was sensational!

543

Gongaware said MJ only missed one show on HIStory tour when Princess Diana died. “He went to bed, knew about the accident.”

544

MJ was told Diana was going to be okay and next morning he learned she died, Gongaware described. “That affected him greatly.”

545

Gongaware said he missed shows in Dangerous tour but not in HIStory tour.

546

Putnam asked if there were signs MJ was using painkillers during HIStory tour. “No indication at all. I didn’t think he was,” Gongaware said

547

Gongaware said he would certainly notice if there was any problem during that tour.

548

Gongaware said HIStory tour was pretty smooth. It ended in 1997. Right after, Gongaware said Michael called him as asked him to work for him

549

He liked my work, he liked what I did, Gongaware said, adding that MJ wanted him to be his business manager.

550

Gongaware said he didn’t accept the offer and decided to go out on his own to promote concerts.

551

He was tempted, Gongaware said, but he had lined up what he wanted to do. He worked with Yani next.

552

Gongaware and his partner, John Meglen, created Concerts West in the late 90s.

553

Concerts West started out with concerts of Andrea Bocceli, Mariah Carrey, Eagles and Millennium at Staples Center.

554

AEG acquired the assets of Concerts West around 2000, Gongaware said, and Concerts West became AEG Live. Randy Phillips is AEG’s CEO.

555

Gongaware said he made a deal that requires him to work only half time starting this year.

556

Gongaware said AEG Live is the second largest concert promoter company. Live Nation is the first.

557

Our philosophy is different, Gongaware said, adding they choose what they want to do, whereas Live Nation has to meet their quota.

558

Putnam: Would you like to be number 1?

559

Gongaware: No. It’s so much bigger, it gets so much more complex. I’m happy being a good number 2

560

Next time Gongaware worked with MJ was in “This Is It” tour. Peter Lopez, MJ’s attorney, called Gongaware’s partner in 2007, asked to meet

561

From 97 to 2009, MJ did not do any touring, only a couple of shows.

562

Gongaware said he went to Vegas to meet with Michael in 2007. The meeting was to discuss how AEG did tours, didn’t talk about MJ touring.

563

They met again in 2008 also in Vegas. “Paul Gongaware! I knew that if you came, things were going to be ok,” Michael said about him.

564

Mikey was not meant as insult, Gongaware said. He was not trying to mock him, would use Mikey in person with MJ.

565

Putnam: Did he seem thin in 07?

566

Gongaware: Yes, he was always thin

567

Putnam: Did he seem to have a problem with painkillers?

568

Gongaware: No

569

P: Did he seem to be under the influence?

570

G: No

571

Gongaware said MJ was alert, engaged, interested on what was going on in the meeting in 2007. He wanted to do a King Tut mini-movie.

572

Gongaware said when he went on tour with MJ in HIStory, he wasn’t on any drug.

573

The next meeting with MJ was in NY. Gongaware didn’t remember what they discussed.

574

Sometime in 08, they began discussion of MJ going back on tour. Dr. Tohme, MJ’s manager, approached AEG.

575

Randy Phillips was primarily the one involved in the discussions with Dr. Tohme and Peter Lopez regarding the comeback tour.

576

The meeting in 2008 began with discussion of a possible MJ exhibit at the Hilton in Las Vegas.

577

Colony Capital is an investment company that bought the note of Neverland, Gongaware said. By ‘note’ he meant the ‘mortgage’.

578

Neverland was MJ’s residence in Santa Barbara, Gongaware explained. “They (Colony) were trying to figure out what to do with Neverland.”

579

Gongaware talked about being at MJ’s house at Carolwood when the singer signed the contract with AEG for the “This Is It” tour.

580

Email on 2/11/09 from Bob Taylor to Gongaware: Thanks Paul. I now have the medical and blood reports. Look good.

581

Email cont’d: I now need more info of what is available. This will help with the presentation to the insurers.

582

Email showed a line where Taylor said: 1- (I am trying to show that we are not working him too hard)

583

Another request from insurance broker: I would like to offer insurers a medical update say every 21 days.

584

Response from Gongaware: I’m not ready to put anything in writing.

585

Gongaware said it was because he didn’t have the answers.

586

Gongaware said he did not have concerns with MJ abusing prescription drugs.

587

It just confirmed what I believed, that he was fine. He wasn’t doing any drugs, Gongaware said about the results of Mj’s physical exam.

588

We needed to front all the money, Gongaware said. “He didn’t have the money, so he needed us to do it.”

589

AEG produced/promoted TII tour.

590

Tohme, MJ’s manager, told AEG about needing the money. Gongaware said Tohme emphasized several times that Michael needed to make money.

591

Gongaware said MJ and Ortega figured out the creative elements they wanted and Gongaware had to figure out how to make those them happen

592

Gongaware said the initial phase of rehearsal was done at Center Staging in Burbank, but venue didn’t have room for production elements.

593

They moved rehearsals to The Forum, which didn’t have high ceiling to hang the lights. Then they moved to Staples Center.

594

After the morning break, Gongaware said MJ chose “This Is It” tour as the name because it was going to be his last.

595

Gongaware said they weren’t sure how MJ tour would do. “Because of the kid thing, we wanted to go to the strongest market and that as London”

596

Gongaware: You never know what kind of business a tour will do. We had no idea the demand, we wanted to make sure it was successful.

597

Initially, they had 31 shows scheduled. Gongaware said Prince had done 21 shows at the O2 arena, and Michael wanted to do 10 more.

598

You didn’t know what the ticket sales would be, Gongaware said. So they announced only 10 shows to test the waters.

599

Demand was there obviously in the presale, Gongaware said. He talked to Tohme, asked for more than 50 shows. Tohme said MJ would do 50.

600

On March 5, 2009, MJ held a press conference in front of O2 arena and announced the comeback tour. Gongaware was present.

601

MJ was not on time, late a couple of hours. Gongaware said it didn’t surprise him since MJ didn’t like to do those things (press conference)

602

Gongaware was a little annoyed but not surprised, he testified,

603

MJ came up to me, gave me big hug, whispered in my ear ‘make sure the TelePrompTer has big words, I don’t have my glasses’ Gongaware said

604

Putnam: Did he seem inebriated?

605

G: No

606

P: Drunk?

607

Gongaware: No

608

P: Smelled like alcohol?

609

G: No

610

Gongaware thought the press was great. “The reaction of the press was really good, I think people liked he was returning.”

611

Gongaware said they asked people to register on a website and only people registered could get into the presale to purchase tickets.

612

He said that based on the response, they knew the tour was going to be a major successful.

613

One day after that, Gongaware said MJ called him to discuss the tour. He said Michael chose Kenny Ortega to direct the show.

614

MJ liked special effects, Gongaware said. He put together presentation for Michael with latest effects and made MJ promise he would show up.

615

Demonstration was on 3/16/09 at Sony Studios. It had 3D on LED that was never done before, pyro and new type of flame.

616

Putnam showed clip of TII documentary where they have the pyro effects that were going to be used.

617

Jackson loved it, Gongaware said, adding MJ didn’t seem to be bothered with pyro usage.

618

Gongaware said there was a pretty cool water fountain effect shown and not used. “It was messy,” he described.

619

In the demonstratiin, MJ was great, Gongaware said. “He was really engaged, as he saw all the effects he got really excited.”

620

Gongaware said he had no concern MJ had drug problems, didn’t seem slow or lethargic in March of 2009.

621

A meeting was scheduled for March 17, 2009. Gongaware emailed MJ’s assistant that only MJ and Kenny Ortega should be in that meeting.

622

MJ and Ortega were the creative forces and needed to find the show’s path before including everyone else, Gongaware explained.

623

Regarding Kenny Ortega watching out for MJ’s health, Gongaware said no one at AEG asked him to do that.

624

Gongaware thought Ortega watched MJ out because they were friends and worked together.

625

Judge then adjourned trial until Monday. We ended up having only the morning session. Gongaware expected on the stand Monday and Tuesday.

626

Gongaware will join The Rolling Stones tour this weekend, but will return on Monday to resume testifying.

627

Today at 4 pm PT on @ABC7 Eyewitness News, we’ll show an interview w/ Jackson’s attorney, Brian Panish, reacting to Gongaware’s testimony.

628

You can watch the story on http://www.abc7.com  as well. Hope you have a great weekend and see you on Monday!

Michael Jackson lost $26 million on HIStory tour’s 1st leg, exec says

By Jeff Gottlieb

May 31, 2013, 12:05 p.m.

Michael Jackson lost $26 million on the first leg of the HIStory tour in the mid-1990s and was in debt for sound, lighting and other expenses, according to testimony Friday in the wrongful death suit his family has filed.

Paul Gongaware, now co-CEO of AEG Live/Live Nation, testified he was brought as tour executive for the 40 concerts that made up the second leg of the world tour.

“I had to go in and cut a lot of expenses,” Gongaware said. “There was so much excess.”

Gongaware said HIStory, at the time considered one of the most ambitious tours ever, eventually broke even.

He said Jackson’s performances were “sensational” and he saw no evidence the singer was using drugs. Gongaware did not start working for AEG until 2000, when the entertainment firm bought his company, Live Nation.

Gongaware is a defendant in the wrongful suit filed by Jackson’s mother and children against AEG. The Jacksons allege that AEG negligently hired and supervised Conrad Murray, the doctor who administered a fatal dose of the anesthetic propofol to the singer in 2009.

AEG contends that it was Jackson who hired Murray and that any money the firm was supposed to pay the doctor was merely part of a much larger cash advance to the singer.

Gongaware, in his fourth day on the stand, also testified that in 2008 Jackson met in CenturyCity with Colony Capital, a group of investors, that held the mortgage on Jackson’s Neverland ranch, which was threatened with foreclosure.

“Whoever held the note before … was about to foreclose on Neverland and Colony came in, I think at last-minute, and took on that obligation,” Gongaware said.

He said Colony was trying to figure out a way to hold a Jackson exhibit or museum at the Las Vegas Hilton, which the firm owned. But nothing came of the discussions.

http://www.latimes.com/local/lanow/la-me-ln-jackson-history-tour-20130531,0,3121700.story

The story told by Gongaware about the way they set 50 shows is false but I am still providing it here just for the record:

‘This Is It’ was to be Michael Jackson’s final tour, AEG exec says

By Jeff Gottlieb

May 31, 2013, 2:03 p.m.

The “This Is It” concert series in London — which was to have earned Michael Jackson millions and served as a triumphant comeback — was to be the performer’s final tour, a ranking concert promoter testified Friday.

Paul Gongaware, co-CEO of AEG Live and Concerts West, which was producing and promoting the concerts, said the English capital was chosen for the shows because of Jackson’s enormous popularity there. During a previous tour, Jackson had sold out 10 shows at the 75,000-seat capacity Wembley Stadium, Gongaware testified.

The plan originally was for 10 shows, but it was bumped up to 31 and then 50 because of the enormous ticket demand, the AEG executive testified in a wrongful-death case filed by Jackson’s mother and children.

Gongaware said he would have liked Jackson to have given even more performances at AEG’s O2 Arena.

He said that at one point Jackson decided to do 31 because Prince had performed 21 concerts at O2.

Gongaware’s recollection of events surrounding Jackson’s London news conference announcing his first tour in more than a decade give a different perspective than the worried emails his boss sent at that time.

Gongaware said he was annoyed but not surprised when Jackson showed up a couple hours late.

“Michael really doesn’t like to do those things,” Gongaware testified. “His schedules don’t always run like clockwork.”

The tour announcement took place at the O2. When Jackson saw Gongaware backstage, “he came up to me and gave me a big hug and said, ‘Make sure the teleprompter has big words. I don’t have my glasses.’”

Gongaware said Jackson did not smell of alcohol or appear drunk.

“He was good,” the AEG executive testified. “I think he was excited.”

But emails from Randy Phillips, AEG Live’s chief executive and president, tell a different version. “MJ is locked in his room drunk and despondent,” Phillips wrote. “I [am] trying to sober him up.

“I screamed at him so loud the walls are shaking,” Phillips told him. “He is an emotionally paralyzed mess riddled with self-loathing and doubt now that it is showtime.”

In a previous interview with The Times, AEG attorney Marvin Putnam said Phillips had exaggerated in his emails and that Jackson’s behavior appeared to be a case of “nerves.”

http://www.latimes.com/local/lanow/la-me-ln-michael-jacksons-final-tour-20130531,0,71031

Alan Duke sums up:

Promoter grilled about ‘smoking gun’ e-mail in Michael Jackson death trial

By Alan Duke, CNN

May 30, 2013 — Updated 0041 GMT (0841 HKT)

Los Angeles (CNN) – The phrase most spoken by AEG Live’s co-CEO during his testimony in the Michael Jackson wrongful death trial was: “I don’t recall.”

Paul Gongaware, who was in charge of producing and promoting Jackson’s ill-fated comeback concerts, testified this week that he couldn’t remember sending key e-mails or approving budgets that included $150,000 a month for Dr. Conrad Murray.

Gongaware also denied thinking that Jackson’s health was frail in the last days of his life, despite e-mails from others in the production suggesting the singer needed help.

Jackson’s mother and three children are suing AEG Live, contending the concert promoter is liable in the pop icon’s death because it negligently hired, retained or supervised Murray.

AEG’s lawyers argue it was Jackson who chose, hired and supervised Murray — and their company only dealt with Murray because Jackson demanded they pay for him to be his “This Is It” tour doctor.

Murray was convicted of involuntary manslaughter in Jackson’s drug overdose death and he is serving a prison sentence.

Gongaware seemed to dance around some questions like Jackson doing a “Moonwalk,” including when he explained an e-mail to his boss’ assistant in which he said he was having nightmares and cold sweats about the concerts.

It was not an admission that he was concerned about Jackson’s ability to do the show, he said. “It was just playing around, joking,” with AEG President Tim Leiweke’s assistant, Carla Garcia, he testified.

“Carla is an absolute babe and I was just chatting her up,” he said.

While that testimony drew laughter in the court, it was unclear how jurors and the female judge viewed it, because Gongaware also acknowledged his girlfriend worked at AEG.

Gongaware’s repetition of “I don’t recall” several dozen times under questioning by Jackson lawyer Brian Panish eventually drew laughs from jurors, including when Panish began answering for him with that phrase.

The ‘smoking gun’

Panish questioned Gongaware about an e-mail Jackson’s lawyers call the “smoking gun,” which they argue shows AEG Live executives used Murray’s fear of losing his lucrative job as Jackson’s personal physician to pressure him to have Jackson ready for rehearsals despite his fragile health.

Show director Kenny Ortega e-mailed Gongaware 11 days before Jackson’s death expressing concerns that Murray had kept Jackson from a rehearsal the day before. Ortega also raised his own concerns about Jackson’s health. Gongaware testified on Wednesday that he thought Ortega was “over-reacting.”

His e-mail reply to Ortega read: “We want to remind (Murray) that it is AEG, not MJ, who is paying his salary. We want to remind him what is expected of him.” Gongaware, in a video deposition played in court on the first day of the trial, said he could not remember writing the e-mail.

Panish on Wednesday played for jurors a section of Gongaware’s deposition, recorded in December, in which Jackson lawyer Kevin Boyle questioned him about what he meant when he wrote to Ortega, “We want to remind him that it is AEG, not MJ, who is paying his salary.”

Boyle: “Based on the assumptions that AEG is your company and MJ is Michael Jackson, do you have an understanding of what that means?”

Gongaware: “No, I don’t understand it, because we weren’t paying his salary.”

Boyle: “So why would you write that?”

Gongaware: “I have no idea.”

Boyle: “Now, let’s go on to the next sentence. When you say ‘his salary,’ who are you talking about?”

Gongaware: “I don’t know.”

Boyle: “Oh, but how do you know you weren’t paying his salary if you don’t know who we’re talking about?”

Gongaware: “I don’t remember this e-mail.”

Boyle: “Didn’t you just testify that ‘we weren’t paying his salary’?”

Gongaware: “AEG?”

Boyle: “Yes. No. You just testified ‘we weren’t paying his salary.’ You just testified to that a few seconds ago, right?”

Gongaware: “I guess.”

Boyle: “Well, whose salary were you referring to? Dr. Murray?”

Gongaware: “Yes.”

After Gongaware began recalling in court Wednesday what he meant in the e-mail, Panish suggested it may be a case of “repressed memories” where “someone doesn’t remember something for three or four years.”

“You didn’t have any psychotherapy to remember what you wrote here?” Panish asked. “You didn’t like get put to sleep? (Judge Yvette Palazuelos injected: “Hypnotized?”) to see if you remembered this?

“No,” Gongaware answered.

The Elvis connection

Gongaware’s career as a concert promoter started with Elvis Presley’s last tour. He testified that he met Jackson when he was with Presley manager Col. Tom Parker in Las Vegas.

Elvis’ name came up in the trial on Tuesday as Panish questioned Gongaware about his knowledge of drug use during concert tours. He should have been able to recognize red flags signaling Jackson’s drug use because of his experience with Presley and his time as Jackson’s tour manager in the 1990s, the Jacksons contend.

An e-mail to a friend two weeks after Jackson’s death supports their argument, the Jackson lawyers contend.

“I was working on the Elvis tour when he died so I kind of knew what to expect,” Gongaware wrote. “Still quite a shock.”

AEG lawyer Marvin Putnam later told reporters that Gongaware was referring to the public reaction to Jackson’s death, not saying he expected Jackson would meet the same fate as Presley.

Presley collapsed in the bathroom of his Memphis, Tennessee, mansion — Graceland — on August 16, 1977, at age 42. While his death was ruled the result of an irregular heartbeat, the autopsy report was sealed amid accusations that the abuse of prescription drugs caused the problem.

Jackson died on June 25, 2009, at age 50. The coroner ruled his death was caused by a fatal combination of sedatives and the surgical anesthetic propofol. Murray told investigators he gave Jackson nightly infusions of propofol to treat his insomnia. He was convicted of involuntary manslaughter, sentenced to four years in prison and stripped of his medical license.

Gongaware — who has worked as a tour promoter for 37 years for bands including Led Zeppelin, the Grateful Dead and many others — testified that the only artist he ever knew who was using drugs on tour was Rick James.

Gongaware is currently the tour manager for the Rolling Stones North American tour.

http://edition.cnn.com/2013/05/29/showbiz/jackson-death-trial/

This will hopefully give us some idea of what was going on at the AEG trial on Week 5.

And I am off to read the full transcripts which recently appeared on TeamMichaelJackson. The team provided me with the Word versions so hopefully things will be easier now! Thank God we have such an opportunity!

Here are parts 2 and 4 for Shawn Trellhttp://teammichaeljackson.com/archives/8632 and http://teammichaeljackson.com/archives/8643

And here is part 1 for Paul Gongawarehttp://teammichaeljackson.com/archives/8575


Filed under: AEG THE HORRIBLE, Jacksons vs. AEG
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