April 29th 2013 JACKSON V AEGLive Opening Statments

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Veritext National Deposition & Litigation Services

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Arguments prior to Opening Statements
( THE FOLLOWI NG PROCEEDI NGS WERE HELD
I N OPEN COURT, OUTSI DE THE PRESENCE
OF THE J URORS: )
THE COURT: J ACKSON VERSUS A. E. G. LI VE.
GOOD MORNI NG, EVERYBODY. COUNSEL, MAKE
YOUR APPEARANCES.
MR. PANI SH: GOOD MORNI NG. BRI AN PANI SH FOR
PLAI NTI FFS.
MR. BOYLE: GOOD MORNI NG, YOUR HONOR.
KEVI N BOYLE FOR PLAI NTI FFS.
MR. KOSKOFF: GOOD MORNI NG, YOUR HONOR.
MI CHAEL KOSKOFF, KOSKOFF, KOSKOFF & BI EDER, FOR
PLAI NTI FFS.
MS. BI NA: GOOD MORNI NG, YOUR HONOR. J ES-
SI CA STEBBI NS BI NA WI TH O' MELVENY & MYERS FOR
DEFENDANTS.
MR. PUTNAM: GOOD MORNI NG, YOUR HONOR, MAR-
VI N PUTNAM FROM O' MELVENY & MYERS ON BEHALF OF
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1 DEFENDANTS.
2 MS. STRONG: SABRI NA STRONG FROM
3 O' MELVENY & MYERS ON BEHALF OF DEFENDANTS.
4 MS. CAHAN: KATHRYN CAHAN O' MELVENY ON BEHALF OF
5 DEFENDANTS, AS WELL.
6 THE COURT: I S THERE ANYTHI NG WE NEED TO TALK
7 ABOUT BEFORE WE BEGI N OUR OPENI NG STATEMENTS?
8 MS. BI NA: YES, YOUR HONOR. WE HAVE SOME
9 OBJ ECTI ONS TO THE SLI DES AND A COUPLE OF HOUSEKEEPI NG
10 MATTERS. I DON' T KNOWI F PLAI NTI FFS HAVE ANY CONCERNS
11 ABOUT OUR SLI DES OR NOT.
12 MR. PANI SH: WELL, WE' LL SEE WHAT YOURS ARE
13 FI RST.
14 MS. BI NA: THE PLAI NTI FFS PROVI DED APPROXI MATELY
15 200 SLI DES THI S MORNI NG. I ' M NOT SURE WHETHER THEY
16 I NTEND TO USE ALL I N OPENI NG. BUT WE DO HAVE
17 OBJ ECTI ONS TO A NUMBER OF THEM AS CONTAI NI NG I MPROPER
18 ARGUMENT AND A FEWAS LACKI NG FACTUAL FOUNDATI ON.
19 THE COURT: ARE YOU PROVI DI NG ME WI TH A COPY
20 SO - -
21 MS. BI NA: YES, YOUR HONOR. I WI LL PASS UP EACH
22 AS I HAVE - - THEY DI DN' T NUMBER THEM, SO I ' M J UST GOI NG
23 TO PASS UP A COLOR COPY. WE PUT A LI TTLE NUMBER I N THE
24 BOTTOM CORNER, BUT THEY' RE OTHERWI SE AS PROVI DED.
25 THE FI RST ONE, THE BOTTOM SLI DE ON THI S
26 PAGE, PAGE 13, I T' S THE ONE THAT SAYS - - HAS THAT
27 DR. MURRAY ORDERED PROPOFOL I N APRI L. I DON' T KNOWI F
28 YOU HAVE THE SLI DE NUMBERS. I T' S PAGE 13.
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1 THE COURT: WHAT I S THE OBJ ECTI ON?
2 MS. BI NA: THE OBJ ECTI ON I S ONLY TO THE BOTTOM
3 RI GHT- HAND CORNER TO THE BOTTOM SLI DE, YOUR HONOR,
4 WHERE I T SAYS " WI THOUT M. J . ' S KNOWLEDGE. " THERE' S NO
5 FOUNDATI ON FOR THAT THAT I KNOWOF I N ANY OF THE
6 EVI DENCE. I THI NK THAT' S I MPROPER.
7 THE COURT: THE OBJ ECTI ON I S OVERRULED.
8 MS. BI NA: OKAY. THE NEXT ONE I S NUMBER 14.
9 THI S I S J UST ARGUMENTATI VE.
10 THE COURT: OVERRULED.
11 MS. BI NA: THI S NEXT ONE, NUMBER - - BOTTOM OF
12 PAGE 24. THE I SSUE HERE I S I T' S A NEWSPAPER ARTI CLE,
13 YOUR HONOR, I T CONTAI NS A NUMBER OF HEARSAY STATEMENTS.
14 THEY ARE PURPORTEDLY BY MR. PHI LLI PS; BUT AS FAR AS I
15 KNOW, ONLY ONE OF THEM HAS ACTUALLY BEEN AUTHENTI CATED
16 BY HI M, THE OTHER TWO ARE I NADMI SSI BLE HEARSAY AT THI S
17 POI NT.
18 THE COURT: ARE YOU TALKI NG ABOUT THE TOP PORTI ON
19 OR THE BOTTOM PORTI ON?
20 MS. BI NA: THE QUOTES FROM THE TELEGRAPH ARTI CLE,
21 YOUR HONOR. THEY PURPORT TO BE STATEMENTS BY
22 MR. PHI LLI PS THAT HE HAS NOT AUTHENTI CATED. HE' S
23 AUTHENTI CATED THE BOTTOM OF THE THREE QUOTES; BUT THE
24 OTHERS, HE HAS NOT.
25 THE COURT: THE THI RD ONE?
26 MS. BI NA: YES, YOUR HONOR. SO THE OTHER TWO ARE
27 I NAPPROPRI ATE.
28 MR. PANI SH: HE SAI D HE PROBABLY SAI D THAT, AND
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1 THAT GOES TO THE WEI GHT. HE SAI D THAT, I T' S AN
2 ADMI SSI ON OF THE PARTY.
3 MS. BI NA: THE THI RD ONE, YES. THE OTHER TWO, MY
4 UNDERSTANDI NG I S HE HAS NOT AUTHENTI CATED THEM.
5 MR. PANI SH: HE SAI D HE PROBABLY SAI D THAT.
6 MS. BI NA: " PROBABLY" I S NOT AN ADMI SSI ON, YOUR
7 HONOR. I F PLAI NTI FFS WANT TO CI TE TO THE DEPOSI TI ON
8 TESTI MONY, I ' M HAPPY TO TAKE A LOOK AT I T; BUT WHEN WE
9 REVI EWED I T THI S MORNI NG - -
10 THE COURT: DI D HE SAY HE PROBABLY SAI D THAT?
11 MS. BI NA: AS TO THE LAST QUOTE, I BELI EVE, YOUR
12 HONOR.
13 THE COURT: WHAT ABOUT THE FI RST ONE?
14 MR. BOYLE: YES.
15 HE SAI D THAT HE HAS NO REASON TO DOUBT THAT
16 THI S I NTERVI EWI S WHAT HE SAI D.
17 MS. BI NA: NO REASON TO DOUBT I S NOT THE SAME AS
18 AUTHENTI CATI ON, YOUR HONOR.
20 MS. BI NA: OKAY. AGAI N, THI S ONE I S ARGUMENT,
21 THE BOTTOM OF PAGE 31. I T' S PERFECTLY APPROPRI ATE FOR
22 CLOSI NG ARGUMENT, YOUR HONOR, BUT NOT FOR OPENI NG.
23 I T' S NOT EVI DENCE, I T' S ARGUMENT.
25 MS. BI NA: ALL RI GHT.
26 THE COURT: BY THE WAY, WE' LL NEED A COPY OF THEM
27 FOR THE RECORD.
28 MR. PUTNAM: WE WI LL, YOUR HONOR.
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1 THE COURT: ANYTHI NG YOU SHOWME RI GHT NOW, I
2 NEED I T FOR THE RECORD, SO ULTI MATELY, WE NEED THEM - -
3 MR. PANI SH: WE GAVE THEM TWO COPI ES.
4 MS. BI NA: YOUR HONOR, I F YOU WANT WE' LL KEEP
5 TRACK - - WE HAVE A LI ST OF ALL THE ONES WE' RE OBJ ECTI NG
6 TO, SO - -
7 THE COURT: OKAY.
8 MS. BI NA: THI S ONE, SLI DES 42 AND - - PAGES 42
9 AND 43, I ' M GOI NG TO PASS THEM UP TOGETHER. THEY HAVE
10 THE SAME I SSUE, YOUR HONOR. WE HAVE NO I SSUE WI TH THE
11 PORTI ON THAT RELATES TO MI CHAEL J ACKSON, BUT THOSE
12 E- MAI LS ALSO DI SCUSS AMY WI NEHOUSE, AND WE BELI EVE THAT
13 ADDI TI ONAL PART I S I RRELEVANT AND MORE PREJ UDI CI AL THAN
14 PROBATI VE.
15 THE BLOWUPS THAT J UST REFERENCE
16 MI CHAEL J ACKSON ARE OKAY, BUT THE REST OF THE E- MAI L
17 SHOULD BE EXCLUDED UNDER RULE 352.
18 MR. PANI SH: YOUR HONOR, I T' S AN E- MAI L I N THE
19 CASE, I T' S I NVOLVI NG WHAT WAS GOI NG ON AT THAT TI ME.
20 AMY WI NEHOUSE, OBVI OUSLY, HAD ADDI TI ONAL I SSUES. I T
21 SHOWS ANOTHER ARTI ST THAT' S HAVI NG A PROBLEM AND WHAT
22 THEY' RE DOI NG ABOUT I T. I T' S CLEARLY RELEVANT.
23 AND WHAT WAS GOI NG ON I N A COMMUNI CATI ON
24 WI TH TWO PEOPLE I NVOLVED REGARDI NG THI S, THEY CAN' T
25 SELECTI VELY EXCLUDE CERTAI N PARTS OF E- MAI LS.
26 MS. BI NA: YOUR HONOR, MS. WI NEHOUSE' S I SSUES
27 HAVE ABSOLUTELY NOTHI NG TO DO WI TH THI S CASE, AND
28 THROWI NG THEM UP I N OPENI NG STATEMENT WI THOUT ANY
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1 CONTEXT I S I NAPPROPRI ATE AND UNNECESSARI LY PREJ UDI CI AL.
2 THEY HAVE 200 OTHER SLI DES. WE DON' T OBJ ECT TO THE
3 BLOWUPS THAT RELATE SPECI FI CALLY TO MI CHAEL J ACKSON.
4 THE COURT: OKAY. I ' LL SUSTAI N THE OBJ ECTI ON ON
5 THE AMY WI NEHOUSE. YOU NEED TO MODI FY YOUR SLI DE SHOW.
6 MS. BI NA: THI S SERI ES HERE, 45 AND 46 AND 49 - -
7 AND, AGAI N, YOUR HONOR, WE' RE J UST OBJ ECTI NG TO THESE
8 AS ARGUMENTATI VE. THEY ARE VERY NI CE CLOSI NG ARGUMENT
9 SLI DES. THEY' RE NOT EVI DENCE. I T' S - - I T' S
10 PLAI NTI FFS' ARGUMENT AS THEY' VE LAI D OUT NUMBERS OF
11 TI MES.
12 MR. PANI SH: I T' S THE FACTS, AND THAT' S WHAT - -
13 THEI R EXPERT AND THEI R C. E. O. AGREED TO THAT.
14 MS. BI NA: YOUR HONOR, OUR WI TNESSES HAVE NOT
15 AGREED TO THI S CHARACTERI ZATI ON OF THE FACTS. I THI NK
16 THAT GOES WI THOUT SAYI NG.
17 MR. PANI SH: HE SAI D I T WAS A RED FLAG.
18 THE COURT: OKAY. OVERRULED.
19 MS. BI NA: LET' S SEE. AGAI N, ON THI S ONE, 47 AND
20 48, THE PART WHERE I T SAYS A. E. G. KNEWTHE RI GHT KI ND
21 OF DOCTOR AND CALLED DR. FI NKELSTEI N I S ARGUMENTATI VE
22 AND UNSUPPORTED BY THE EVI DENCE.
23 MR. PANI SH: THAT' S WHAT THE EVI DENCE I S GOI NG TO
24 SHOW. THEY CALLED DR. FI NKELSTEI N I MMEDI ATELY WHEN
25 DR. MURRAY DEMANDED 5 MI LLI ON. DR. FI NKELSTEI N HAPPENS
26 TO BE A VERY GOOD FRI END OF MR. GONGAWARE, DESPI TE WHAT
27 HE WANTS TO SAY.
28 MS. BI NA: AGAI N, YOUR HONOR, THERE' S NO DI SPUTE
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1 MR. FI NKELSTEI N AND MR. GONGAWARE ARE FRI ENDS, THERE' S
2 NO EVI DENCE MR. GONGAWARE CALLED HI M I N ANY OTHER
3 CAPACI TY THAN AS A FRI END. THAT' S ARGUMENT. I T' S J UST
4 THAT PORTI ON OF THE SLI DE WE' RE OBJ ECTI NG TO. THE REST
5 OF I T, THE ACTUAL EVI DENCE - -
6 THE COURT: I CAN' T TELL WHAT PORTI ON - -
7 MS. BI NA: THE HEADER WHERE I T SAYS " A. E. G. LI VE
8 KNEWTHE RI GHT KI ND OF DOCTOR AND CALLED
9 DR. FI NKELSTEI N. " THAT' S ARGUMENT, YOUR HONOR.
11 MS. BI NA: ALL RI GHT. WE ALSO HAVE SOME I SSUES
12 WI TH SOME OF THE DEPO DESI GNATI ONS, BUT I ' LL DO THOSE
13 AFTER THE SLI DES.
14 SLI DE 50, I T' S A LEGAL CONTENTI ON, YOUR
15 HONOR. I T' S DI SCUSSI NG THE LAWTHAT WI LL BE I NSTRUCTED
16 BY THI S COURT ABOUT A. E. G. ' S DUTY, THE BOTTOM SLI DE.
17 THE COURT: THE BOTTOM SLI DE, SUSTAI NED.
18 MR. BOYLE: WE J UST REMOVE THE DUTY?
19 THE COURT: YES.
20 MS. BI NA: ALL RI GHT. SLI DE 53 - - OR PAGE 53,
21 THE I SSUE HERE, YOUR HONOR, I S WI TH THE YELLOWPORTI ON
22 THAT SAYS A. E. G. LI VE, THI S FORM APPLI ES TO I NDEPENDENT
23 CONTRACTORS. I N FACT, THAT I S THE EXACT OPPOSI TE OF
24 THE TESTI MONY ABOUT THE FORM.
25 THI S I S A FORM PROVI DED BY A THI RD- PARTY
26 VENDOR, I T' S I N A. E. G. LI VE' S SET OF FORMS; BUT
27 EVERYONE ASKED ABOUT I T HAS TESTI FI ED THAT THEY HAVE
28 NEVER ONCE USED THAT FORM FOR I NDEPENDENT CONTRACTORS,
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1 AND THEY DO NOT PERFORM BACKGROUND CHECKS ON
2 I NDEPENDENT CONTRACTORS, SO THI S I S J UST AN OUT AND OUT
3 MI SCHARACTERI ZATI ON OF THE EVI DENCE.
4 MR. BOYLE: WE DI SAGREE. WE' RE GOI NG TO PUT ON
5 EVI DENCE THAT THAT FORM I S FOR I NDEPENDENT CONTRACTORS,
6 AND OUR EXPERT I S GOI NG TO SAY THAT I T I S AND PLAI N
7 LANGUAGE OF I T SAYS I T I S, AND THE PLAI N LANGUAGE OF
8 A. E. G. ' S POLI CY I S GOI NG TO SAY THAT I T I S, AND ALL OF
9 THAT I S GOI NG TO COME I NTO EVI DENCE.
10 THE COURT: FROM THEI R EMPLOYEE HANDBOOK, OR - -
11 MR. BOYLE: YES.
12 THE COURT: - - EMPLOYEE POLI CI ES?
13 MS. BI NA: AGAI N, YOUR HONOR, I T' S NOT WHAT
14 A. E. G. LI VE SAYS. I F THEY WANT TO HAVE THE ARGUMENT, I
15 J UST DON' T THI NK I T' S APPROPRI ATE FOR OPENI NG
16 STATEMENT, BUT TO SAY THAT' S A QUOTE FROM A. E. G.
17 LI VE - - THE ONLY EVI DENCE I N THE RECORD I S THAT THAT
18 FORM WAS NOT GENERATED BY A. E. G. LI VE.
19 THE COURT: ALL RI GHT. REMOVE THE YELLOW
20 PORTI ON, THE YELLOWSTATEMENT.
21 PLAI NTI FFS, ARE YOU GOI NG TO HAVE ANY
22 PROBLEMS WI TH THE PRESENTATI ON BY THE DEFENDANTS?
23 MR. PANI SH: A COUPLE, BUT NOT LI KE THI S. WE
24 WERE - - WE' VE GOT SO FAR 30 PERCENT OBJ ECTI ONS.
25 MS. BI NA: WE HAVE A SUBSTANTI ALLY FEWER NUMBER
26 OF SLI DES THAN THEY DO, YOUR HONOR.
27 SO THE I SSUE ON THI S ONE I S THAT THE BOTTOM
28 SLI DE I S ARGUMENTATI VE
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1 MR. PANI SH: WHI CH ONE?
2 MS. BI NA: I ' M SORRY. 58, THE BOTTOM SLI DE.
3 MR. PANI SH: THE EVI DENCE WI LL SHOWWHAT THE
4 I NVESTI GATI ON WOULD REVEAL. WHAT' S WRONG WI TH THAT?
5 MS. BI NA: AGAI N, YOUR HONOR, THE BOTTOM PORTI ON
6 OF THAT I S LEGAL CONTENTI ONS, DI SCUSSI NG THI NGS THAT
7 ARE APPROPRI ATELY I NSTRUCTED BY YOUR HONOR AND NOT
8 RAI SED I N A SLI DE.
9 THE COURT: OKAY. OVERRULED.
10 MS. BI NA: 62. AGAI N, YOUR HONOR, THE BOTTOM
11 SLI DE THERE I S PURE ARGUMENT. I WI LL ALSO NOTE THAT I T
12 MI SCHARACTERI ZES THE EVI DENCE; BUT EVEN I F I T
13 ACCURATELY CHARACTERI ZED THE EVI DENCE, I T' S
14 STRAI GHT- OUT ARGUMENTATI VE.
15 THE COURT: WHI CH PORTI ON?
16 MS. BI NA: THE BOTTOM SLI DE, YOUR HONOR.
17 MR. PANI SH: THAT' S WHAT THE EVI DENCE I S GOI NG TO
18 SHOW.
20 MS. BI NA: 65, BOTTOM SLI DE. YOUR HONOR, THI S I S
21 HEARSAY ON WHAT ALI F SANKEY TOLD KENNY ORTEGA.
22 MR. ORTEGA I S NOT A PARTY I N THI S CASE. MS. SANKEY CAN
23 TESTI FY WHAT SHE SAWAND OBSERVED, BUT HER
24 CONVERSATI ONS WI TH KENNY ORTEGA ARE HEARSAY; WI THOUT
25 ANY EXCEPTI ON, THEY' RE I NAPPROPRI ATE I N AN OPENI NG
26 STATEMENT.
27 MR. PANI SH: I T' S WHAT SHE TESTI FI ED TO I N HER
28 DEPOSI TI ON.
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1 THE COURT: SHE' S GOI NG TO TESTI FY TO THESE
2 STATEMENTS?
3 MR. BOYLE: AT TRI AL, YES.
5 MS. BI NA: AGAI N, YOUR HONOR, THEY' RE STI LL
6 HEARSAY, WHAT SHE TOLD MR. ORTEGA.
7 MR. PANI SH: I T' S HER STATEMENT.
8 MS. BI NA: I T' S STI LL AN OUT- OF- COURT STATEMENT
9 AND I T' S NOT OFFERED FOR ANY ADMI SSI BLE NON- HEARSAY
10 PURPOSE.
11 THE NEXT ONE I S 72, THE TOP SLI DE. AGAI N,
12 YOUR HONOR, " A. E. G. KNEWI T HAD A DUTY BUT FAI LED TO DO
13 SO" I S A LEGAL CONTENTI ON, NOT AN APPROPRI ATE OPENI NG
14 STATEMENT.
15 THE COURT: OKAY. THE FI RST SLI DE WI LL BE
16 STRI CKEN.
17 MR. BOYLE: J UST THE YELLOWPART? THAT' S ALL SHE
18 COMPLAI NED ABOUT WAS THE YELLOWPART.
19 THE COURT: YES, THE YELLOWPART.
20 MS. BI NA: I WOULD ARGUE THE REST I S UNDULY
21 ARGUMENTATI VE, BUT I ' M SENSI NG A THEME ON THOSE. WE' RE
22 STI LL GOI NG TO HAVE TO PUT THEM I N FOR THE RECORD, BUT
23 I ' M TRYI NG TO GO EXPEDI TI OUSLY.
24 76, THE BOTTOM SLI DE. AND THI S HERE, YOUR
25 HONOR - - MR. ORTEGA I S A NON- PARTY, AND HE' S WI THI N THE
26 SUBPOENA POWERS, SO HI S DEPOSI TI ON CANNOT BE USED AT
27 TRI AL ABSENT SOME SORT OF COMPELLI NG REASON. I F I T
28 CAN' T BE USED AT TRI AL, I T' S NOT APPROPRI ATE TO BE USED
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1 I N HI S OPENI NG STATEMENT.
2 THEY CAN TALK ABOUT WHAT MR. ORTEGA WI LL
3 TESTI FY TO, BUT THEY CAN' T PLAY HI S DEPOSI TI ON UNDER
4 SECTI ON 2025. 620.
5 MR. PANI SH: THAT I S WHAT MR. ORTEGA HAS
6 TESTI FI ED TO AND WI LL TESTI FY TO AT THE TI ME OF TRI AL.
7 WE CAN SHOWTHAT.
8 MS. BI NA: AGAI N, YOUR HONOR, THEY CAN TALK ABOUT
9 WHAT HE I S GOI NG TO TESTI FY TO; BUT ACTUALLY PLAYI NG
10 HI S DEPOSI TI ON I S THE VI OLATI ON OF THE RULES.
11 THE COURT: I S THAT WHAT THI S - -
12 MS. BI NA: YES, THAT' S A PORTI ON OF HI S
13 DEPOSI TI ON, WHI CH WOULD ONLY BE ADMI SSI BLE I F
14 MR. ORTEGA TESTI FI ES CONTRARY TO THAT AND I T' S
15 I MPEACHI NG.
16 THE COURT: THE WAY YOU PRESENTED I T I S
17 OBJ ECTI ONABLE, BUT YOU CAN PROBABLY DO THAT I N ANOTHER
18 FASHI ON.
19 MR. PANI SH: WE' LL J UST TAKE OUT THE TEXT AND
20 PLAY THE VI DEO, THEN.
21 MS. BI NA: THEY CAN' T PLAY THE VI DEO, EI THER,
22 YOUR HONOR. THEY CAN TALK ABOUT WHAT MR. ORTEGA WI LL
23 TESTI FY TO.
24 THE COURT: RI GHT. YOU CAN SUMMARI ZE HI S
25 TESTI MONY, BUT YOU CAN' T PLAY I T VERBATI M FROM THE
26 DEPOSI TI ON.
27 MR. PANI SH: WELL, WE CAN SHOWWHAT HE SAI D.
28 THE COURT: SUMMARI ZE I T.
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1 MS. BI NA: ALL RI GHT. 77, AN OBJ ECTI ON TO BOTH
2 SLI DES ON TWO DI FFERENT GROUNDS. I ' LL START WI TH THE
3 TOP ONE.
4 YOUR HONOR, YOU' LL REMEMBER THI S " CONRAD I S
5 NUTS" E- MAI L FROM THE MOTI ONS I N LI MI NE. YOUR HONOR
6 RULED THAT THE PARTI ES SHOULD MEET AND CONFER ON
7 APPROPRI ATE REDACTI ONS. PLAI NTI FF SENT UP THI S
8 PROPOSED REDACTI ON LATE LAST WEEK, WE I MMEDI ATELY
9 OBJ ECTED TO I T BECAUSE BLACKI NG I T OUT I S WORSE THAN
10 ALMOST ANYTHI NG ELSE.
11 WE PROPOSED A COUNTER, BUT WE GOT NO
12 RESPONSE TO OUR PROPOSED COUNTER, WHI CH WAS, I THI NK,
13 " REMI ND ME TO TELL YOU ABOUT DR. MURRAY GOI NG OUT AND
14 ENJ OYI NG HI MSELF THE WEEK M. J . DI ED. " I T WAS A
15 COMPARABLE WASTE- OF- TI ME KI ND OF THI NG WI THOUT A BI G
16 BLACK BOX. WE GOT NO RESPONSE.
17 THE COURT: WHAT WAS YOUR COUNTERPROPOSAL?
18 MS. BI NA: I HAVE I T. I ' VE GOT I T HERE
19 SOMEWHERE.
20 MR. PANI SH: YOUR HONOR, I T COULD BE REDACTED, WE
21 J UST DON' T REFER TO WHAT I T SAYS.
22 MS. BI NA: THE COUNTERPROPOSAL, YOUR HONOR,
23 BASI CALLY GAVE THE SAME GI ST; I T WAS " REMI ND ME TO TELL
24 YOU ABOUT DR. MURRAY GOI NG OUT AND ENJ OYI NG HI MSELF THE
25 WEEK M. J . DI ED. " A BI G BLACK BOX MAKES I T SEEM LI KE HE
26 WAS DOI NG SOMETHI NG REALLY, REALLY BAD THAT WE CAN' T
27 SHOWTHE J URY.
28 STRI P CLUBS ARE NOT REALLY, REALLY BAD.
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1 THEY SUGGESTED " NI GHTCLUBS" ; BUT THE PROBLEM WI TH THAT,
2 YOUR HONOR, I S THAT SUGGESTS I T WAS DURI NG THE NI GHT AS
3 OPPOSED TO SOME OTHER TI ME OF DAY. THAT' S WHY WE WENT
4 WI TH GOI NG OUT AND ENJ OYI NG HI MSELF.
5 THERE' S NOT NECESSARI LY A GOOD - - I WOULD
6 PREFER STRI P CLUBS, I THI NK, YOUR HONOR, TO THE BLACK
7 BOX.
8 MR. PANI SH: WE' LL TAKE I T. THEY SAY STRI P CLUBS
9 AREN' T BAD, THEN WHY ARE THEY SAYI NG I T' S 352?
10 MS. BI NA: YOUR HONOR, AS YOU RULED BEFORE, STRI P
11 CLUBS, SOME J URORS MAY REACT STRONGLY NEGATI VELY TO I T.
12 I THI NK THEY WI LL REACT WORSE TO A BLACK BOX. I THI NK
13 WE PROPOSED A REASONABLE COUNTER WHI CH WAS, YOUR
14 HONOR - - WHAT WAS I MPORTANT WAS THE I MPLI CATI ON THAT
15 HE WAS NOT ATTENDI NG TO MI CHAEL.
16 THE COURT: WHY DON' T YOU J UST SAY " REMI ND ME TO
17 TELL YOU ABOUT HI S VI SI TS THE WEEK M. J . DI ED. " GET RI D
18 OF " TO. "
19 MR. BOYLE: BUT " VI SI TS" - - YOUR HONOR, I F I T
20 SAYS - - NO BLACK BOX? " VI SI TS" I S GOI NG TO MAKE I T
21 SOUND LI KE VI SI TS TO MI CHAEL. THE WHOLE POI NT I S THE
22 EXACT OPPOSI TE OF I T.
23 THE COURT: YOU CAN LEAVE I T THE WAY I T I S, BUT
24 DELETE THE " TO. "
25 MR. BOYLE: SO BLACK OUT " TO, " AS WELL?
26 THE COURT: AND THAT' S I T.
27 MS. BI NA: YOUR HONOR, THE BOTTOM SLI DE THERE - -
28 I HAD TWO COMPLETELY DI FFERENT ARGUMENTS ON THE TWO
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1 I SSUES. AND THE - - DI D I - - THE TOP ONE - - HANG ON A
2 SECOND. I ' M LOSI NG TRACK OF MYSELF HERE.
3 THE TOP ONE, YOUR HONOR, AGAI N, THAT' S
4 LEGAL ARGUMENT. " NEGLI GENTLY SUPERVI SED DR. MURRAY, "
5 THAT SHOULDN' T BE I N THERE
6 THE COURT: OKAY. DELETE THAT.
7 MR. PANI SH: CAN' T WE J UST SAY, " THE EVI DENCE
8 WI LL SHOW" ?
9 THE COURT: NO, NO. RI GHT BELOWTHAT, DELETE
10 THAT CAPTI ON THERE. YOU CAN KEEP THE REST OF THE
11 SENTENCE.
12 MS. BI NA: THE SAME THI NG WI TH THI S NEXT ONE,
13 WHI CH I S 78, THE BOTTOM SLI DE, " A. E. G. CREATED CONFLI CT
14 OF I NTEREST EQUALS NEGLI GENT SUPERVI SI ON. " AGAI N,
15 THAT' S A LEGAL ARGUMENT, YOUR HONOR.
16 THE COURT: OKAY. GET RI D OF " NEGLI GENT
17 SUPERVI SI ON, " BUT " CREATED CONFLI CT" I S FI NE.
18 MS. BI NA: 81, THE TOP E- MAI L, THI S I S A
19 MI SCHARACTERI ZATI ON OF MS. CHASE' S TESTI MONY. SHE
20 TESTI FI ED SHE WAS NOT PRESENT I N THE MEETI NG, HAD NO
21 I DEA WHAT HAPPENED AT THE MEETI NG. SHE TALKED ABOUT
22 HER OBSERVATI ONS OF MR. J ACKSON AFTER THE MEETI NG.
23 BUT THI S MAKES I T - - THI S SLI DE MAKES I T
24 SOUND AS THOUGH SHE WAS PRESENT AND OBSERVED THE ENTI RE
25 MEETI NG, WHI CH I S A MI SCHARACTERI ZATI ON OF HER
26 TESTI MONY.
27 MR. PANI SH: I T DOESN' T SAY THAT. I T SAYS SHE
28 WAS PRESENT AT THE HOUSE.
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1 MS. CHANG: SHE WAS AT THE MEETI NG.
2 MR. BOYLE: DOESN' T MATTER.
3 THE COURT: ALL RI GHT.
4 MR. PANI SH: WE' RE ONLY ONE- THI RD THERE.
5 MS. BI NA: WE' RE ALMOST DONE.
6 MR. PANI SH: I T' S GOI NG TO RUN OVER AND THEN THEY
7 WON' T HAVE TO DO THEI RS. THAT' S THE WHOLE PLAN.
8 MS. BI NA: TRUST ME, I ' M GETTI NG THROUGH THESE AS
9 FAST AS I POSSI BLY CAN.
10 96, THE BOTTOM OF THE PAGE. SKI PPED ONE.
11 AGAI N, YOUR HONOR, THAT' S A LEGAL ARGUMENT. THEY' RE
12 LAYI NG OUT THE J URY I NSTRUCTI ONS, HOWAN ORAL CONTRACT
13 I S CREATED AND WHAT I TS ELEMENTS ARE. THAT' S SOMETHI NG
14 THAT' S FOR YOUR HONOR TO I NSTRUCT I N CLOSI NG ARGUMENT
16 MS. BI NA: ALL RI GHT. 93 - - YEAH, I SKI PPED 93.
17 SORRY.
18 THE COURT: WE' RE GOI NG BACKWARDS A LI TTLE BI T.
19 MS. BI NA: THI S ONE I ONLY OBJ ECT TO ONE WORD,
20 YOUR HONOR, " UNDI SPUTED. "
21 THE COURT: YES.
22 MS. BI NA: THE UNDI SPUTED EVI DENCE WI LL SHOW- -
23 THE COURT: STRI KE THE WORD " UNDI SPUTED. "
24 MR. BOYLE: BUT THEY' RE NOT DI SPUTI NG THAT HE
25 LOVED HI S CHI LDREN.
26 THE COURT: APPARENTLY THEY ARE.
27 MS. BI NA: THE NATURE AND QUALI TY OF THE
28 RELATI ONSHI P I S PART OF WHAT PLAI NTI FFS HAVE TO
866 299-5127
2044
1 PROVE.
2 MR. PANI SH: SO THEY' RE DI SPUTI NG I T. OKAY.
3 THAT' S FI NE. J UST LI KE THE DEATH.
4 MR. PUTNAM: WE' RE NOT DI SPUTI NG THE DEATH.
5 MR. PANI SH: YOU CHANGED?
6 MR. PUTNAM: I NEVER CHANGED. WE WEREN' T
7 CONCEDI NG I T. CLEARLY, MR. J ACKSON DI ED.
8 MR. BOYLE: OH, WOW.
9 MS. BI NA: THE TOP SLI DE ON 103, J UST THE YELLOW
10 PART, YOUR HONOR, I S I MPROPER ARGUMENT.
12 MS. BI NA: THE SAME WI TH THE BOTTOM OF 105.
14 MS. BI NA: ALL RI GHT.
15 THE COURT: SOME OF THE EXPERTS ARE GOI NG TO BE
16 TESTI FYI NG TO SOME OF THESE THI NGS.
17 MR. PANI SH: YOUR HONOR, J UST FOR THE RECORD,
18 MS. CAHAN STI PULATED AT DR. SHI MELMAN' S DEPOSI TI ON THAT
19 MR. J ACKSON WAS A VERY GOOD FATHER, SO NOWI GUESS
20 THEY' RE WI THDRAWI NG THAT STI PULATI ON.
21 MS. BI NA: AGAI N, YOUR HONOR, THE NATURE AND
22 EXTENT OF THEI R RELATI ONSHI P.
23 THE COURT: I UNDERSTAND THE ARGUMENT. I
24 SUSTAI NED YOUR OBJ ECTI ON.
25 MR. PUTNAM: THANK YOU, YOUR HONOR.
26 MS. BI NA: THI S I S THE TOP OF PAGE 109. AND
27 THAT' S SI MPLY I NACCURATE. I T SAYS " THREE CONTRACT
28 DATES, " BUT HAS PROPOSED CONTRACT DATES, BUT HAS TWO ON
866 299-5127
2045
1 THE SAME DAY. THAT MI SSTATES THE EVI DENCE. ONE OF
2 THEM SHOULD BE J UNE 18.
3 THE COURT: SO THERE WERE TWO VERSI ONS OF THE
4 WRI TTEN AGREEMENT ON THE SAME DAY? I S THAT - -
5 MS. BI NA: THAT' S WHAT THE SLI DE SHOWS, YOUR
6 HONOR; BUT THAT' S NOT THE CASE.
7 THE COURT: I S THAT J UST A TYPO?
8 MR. PANI SH: I THI NK I T I S. I THI NK I T' S
9 J UNE 18.
10 MR. BOYLE: THAT' S A TYPO. THANKS FOR POI NTI NG
11 I T OUT.
12 THE COURT: ALL RI GHT. YOU CAN CHANGE THAT.
13 MS. BI NA: 111 TO 114, THESE ARE ALL STRAI GHT- OUT
14 ARGUMENTS, THEY DON' T HAVE ANY EVI DENCE ON THEM, THE
15 MAJ ORI TY OF THEM. THEY' RE PLAI NTI FFS' CONTENTI ONS OF
16 OUR CONTENTI ONS.
17 MR. PANI SH: THAT' S WHAT YOU' VE BEEN SAYI NG THE
18 WHOLE CASE. THEY RESPONDED I N DI SCOVERY ON THAT.
19 THAT' S THEI R POSI TI ON, THAT' S WHAT THEY SAY THE
20 EVI DENCE WI LL SHOW.
21 MS. BI NA: AGAI N, I T' S A MI SCHARACTERI ZATI ON OF
22 OUR STATEMENTS, AND PLAI NTI FFS' CHARACTERI ZI NG OUR
23 EVI DENCE I S ARGUMENT.
24 MR. PANI SH: " MI CHAEL J ACKSON HI RED AND PAI D
25 DR. MURRAY" ? HAVEN' T THEY MADE THAT CONTENTI ON THI S
26 WHOLE CASE? I T' S I N THEI R SLI DES THAT THEY HAVE THAT
27 THEY' RE TRYI NG TO USE.
28 THE COURT: LET' S LOOK AT 111. WHAT I S I T I N
866 299-5127
2046
1 PARTI CULAR? I S I T THE BOTTOM SLI DE?
2 MS. BI NA: YES. I T' S THE BOTTOM SLI DE, I T' S THE
3 CONTENTI ON - - THE CHARACTERI ZATI ON OF DEFENSE
4 CONTENTI ONS. YOUR HONOR, THAT' S - - THAT' S NOT THE
5 PURPOSE OF OPENI NG STATEMENT.
6 I T' S TO SHOWWHAT PLAI NTI FFS BELI EVE THEI R
7 EVI DENCE WI LL SHOW, NOT FOR THEM TO CHARACTERI ZE AND
8 ARGUE AGAI NST WHAT THEY CLAI M OUR EVI DENCE - - OUR
9 CONTENTI ONS WI LL BE.
10 MR. PANI SH: WE HAVE A RI GHT TO TALK ABOUT WHAT
11 THEY' VE SAI D; AND, I N FACT, THEY HAVE THE SAME SLI DE.
12 MR. BOYLE: THEY HAVE A SLI DE THAT SAYS, YOUR
13 HONOR, DR. MURRAY WAS ALREADY ENGAGED BY
14 MI CHAEL J ACKSON. THAT' S ONE OF THEI R SLI DES.
15 MR. PANI SH: THEY' RE SAYI NG THEY HI RED AND PAI D
16 HI M. HAVE THEY BEEN MAKI NG THAT CONTENTI ON SI NCE DAY 1
17 I N THI S CASE? YES. WE HAVE A RI GHT TO TALK ABOUT THE
18 EVI DENCE I N THAT REGARD.
19 MS. BI NA: OUR SLI DE CONTAI NS EVI DENCE. WE
20 HAVEN' T OBJ ECTED TO ANY OF THE SLI DES THAT HAVE THEI R
21 EVI DENCE ON I T. BUT TO - - WE HAVE NOT TAKEN I T UPON
22 OURSELVES TO CHARACTERI ZE PLAI NTI FFS' ARGUMENTS AND
23 HAVE ONLY ARGUMENT SLI DE, WHI CH I S WHAT THI S I S.
24 THE COURT: OKAY. THE BOTTOM SLI DE OF 111 I S
25 STRI CKEN.
26 MS. BI NA: THE SAME THI NG WI TH BOTH SLI DES ON
27 112, YOUR HONOR. ONE I S, AGAI N, A CHARACTERI ZATI ON OF
28 OUR ARGUMENT, THE OTHER ONE I S BI G BOLD " DEFENSE
866 299-5127
2047
1 CONTENTI ONS. "
2 THE COURT: ALL RI GHT. SO YOU' RE OBJ ECTI NG TO
3 THAT CONTENTI ON NUMBER 3?
4 MS. BI NA: YES, BUT ALSO TO THE TOP ONE, YOUR
5 HONOR, THAT I T' S PLAI N ARGUMENT. " A CREDI T CARD DOES
6 NOT ACT AS A PRODUCER. " THEY' RE CLAI MI NG WE' RE GOI NG
7 TO CLAI M HE WAS A CREDI T CARD, AND - -
8 THE COURT: OKAY. 112 I S STRI CKEN I N I TS
9 ENTI RETY.
10 MS. BI NA: SAME WI TH 113, YOUR HONOR. SAME EXACT
11 PROBLEM.
12 THE COURT: 113 STRI CKEN.
13 MR. PANI SH: SAME WI TH 114, YOUR HONOR. I WOULD
14 SAY THERE' S A PROBLEM WI TH BOTH SLI DES. THE BOTTOM I S
15 NOT EVI DENCE, I T' S ARGUMENT.
16 THERE' S ACTUALLY ONE MORE OF THESE, WHI CH
17 I S NUMBER 116.
18 THE COURT: ONLY THE TOP PORTI ON OF 114 I S
19 STRI CKEN.
20 MS. BI NA: AND THERE' S ANOTHER ONE, 116.
21 THE COURT: OKAY. 116, THE TOP PORTI ON I S
22 PERMI SSI BLE, THE BOTTOM PORTI ON I S STRI CKEN.
23 MS. CHANG: EXCUSE ME, YOUR HONOR. I ' M SORRY.
24 J UST FOR THE RECORD, DEBORAH CHANG. I ' VE BEEN MAKI NG
25 THE CHANGES AS YOUR HONOR HAS BEEN GOI NG, AND THE
26 PROBLEM I S THAT THE NUMBERS ARE NOWALL DI FFERENT. CAN
27 I GET A DESCRI PTI ON OF THE SLI DES? I ' VE MI SSED THE
28 LAST FOUR.
866 299-5127
2048
1 MR. BOYLE: I ' M GOI NG TO HAVE THEM FOR YOU.
2 MS. CHANG: I F WE COULD J UST HAVE A DESCRI PTI ON,
3 I CAN GO - -
4 MR. BOYLE: I ' LL GI VE I T TO YOU.
5 MS. BI NA: AND THAT' S I T FOR THE SLI DES, YOUR
6 HONOR.
7 MR. PANI SH: CAN WE ARGUE NOW? CAN WE TALK ABOUT
8 THEI R SLI DES?
9 MS. BI NA: I HAVE A COUPLE OF I SSUES WI TH THE
10 DEPOSI TI ON TESTI MONY. AGAI N, YOUR HONOR, THEY
11 DESI GNATED CLI PS FROM MR. ORTEGA. I THI NK WE' VE
12 ALREADY RAI SED THAT I SSUE. WI TH MR. GONGAWARE, THEY - -
13 THEY GAVE US - -
14 THE COURT: I S THI S I N CONNECTI ON WI TH THE
15 OPENI NG STATEMENTS?
16 MS. BI NA: YES, YOUR HONOR.
17 THEY GAVE US A LI ST OF DEPOSI TI ONS THAT
18 THEY CLAI MED THEY WERE USI NG I N OPENI NG STATEMENTS.
19 THEY ALSO GAVE US SOME VI DEO CLI PS, THE TWO DI D NOT
20 MATCH, SO I ' M NOT SURE THAT ALL THESE VI DEOS ARE
21 ACTUALLY BEI NG USED, BUT THEY WERE ON A LI ST PROVI DED
22 BY PLAI NTI FFS.
23 FOR MR. GONGAWARE, THEY' RE ATTEMPTI NG TO
24 USE PAGES - - PAGE 120, LI NES 3 TO 13. WE HAVE PENDI NG
25 OBJ ECTI ONS TO THE USE OF THAT TESTI MONY AT TRI AL BASED
26 ON I T BEI NG I MPROPER AT DEPOSI TI ON. WE SERVED OUR
27 OBJ ECTI ONS ON PLAI NTI FFS, THEY HAVEN' T YET RESPONDED TO
28 THEM. BUT WHI LE I T' S UNDER OBJ ECTI ON, I T SHOULD NOT BE
866 299-5127
2049
1 USED.
2 MR. PANI SH: I T' S APPROPRI ATE TESTI MONY, YOUR
3 HONOR.
4 THE COURT: WHAT I S I T?
5 MR. PANI SH: LET' S PLAY I T. DO WE HAVE I T?
6 LET' S PUT I T UP THERE. WHAT SLI DE NUMBER?
7 MS. BI NA: I T' S NOT ON A SLI DE, I T' S ON A LI ST OF
8 THI NGS THE PLAI NTI FF GAVE - -
9 MR. PANI SH: BUT I T' S ON A SLI DE. THERE' S A
10 PI CTURE.
11 THE COURT: CAN YOU TELL ME WHAT THE OBJ ECTI ONS
12 ARE TO WHAT I S GOI NG TO BE PLAYED? I S I T RELEVANCE?
13 MS. CHANG: GI VE ME ONE SECOND.
14 MS. BI NA: THE OBJ ECTI ON I S - - I T WAS
15 SPECULATI ON, I BELI EVE.
16 MS. CHANG: I HAVE I T. I S I T THE ONE ABOUT THE
17 E- MAI L?
18 MS. BI NA: " FOR EXAMPLE, YOU - - I ' M ASSUMI NG YOU
19 AND A. E. G. LI VE DI D NOT WANT SOME DOCTOR TREATI NG
20 MI CHAEL J ACKSON WHO WAS DESPERATE FOR MONEY AND WOULD
21 DO ANYTHI NG THAT MI CHAEL J ACKSON ASKED HI M EVEN I F I T
22 WASN' T GOOD FOR MR. MI CHAEL J ACKSON, CORRECT?"
23 AND THE WI TNESS SAYS, " WE WOULDN' T WANT TO
24 DO ANYTHI NG THAT WOULD J EOPARDI ZE MR. J ACKSON. "
25 THE COURT: OKAY. AND YOUR OBJ ECTI ON I S?
26 MS. BI NA: ARGUMENTATI VE, YOUR HONOR.
28 MS. BI NA: ALL RI GHT. THERE WAS ALSO A PENDI NG
866 299-5127
2050
1 OBJ ECTI ON TO 205 TO - - LI NES 18 THROUGH 25. I T' S AN
2 I MPROPER HYPOTHETI CAL.
3 THEY WERE ASKI NG ABOUT AN E- MAI L; AND HE
4 SAYS - - AND THEN THEY GO ON TO SAY, " WELL, BASED ON THE
5 ASSUMPTI ONS THAT TERMS I N THI S E- MAI L MEAN THI NGS THEY
6 SAY THEY SAY, BASED ON THE ASSUMPTI ONS THAT A. E. G. I S
7 YOUR COMPANY AND MI CHAEL I S MI CHAEL J ACKSON, DO YOU
8 HAVE AN UNDERSTANDI NG OF WHAT THI S MEANS?"
9 " NO, I DON' T UNDERSTAND I T BECAUSE WE
10 WEREN' T PAYI NG HI S SALARY. "
11 " WHY WOULD YOU WRI TE I T?"
12 " I DON' T KNOW. I ' M NOT SURE. "
13 MR. BOYLE: YOUR HONOR, THI S I S AN E- MAI L THAT
14 MR. GONGAWARE WROTE. WHEN I WAS QUESTI ONI NG HI M ABOUT
15 I T, HE WAS SAYI NG THI NGS LI KE, " I DON' T KNOWWHAT
16 A. E. G. MEANS. "
17 I SAI D, " CAN YOU ASSUME THAT A. E. G. MEANS
18 THE COMPANY THAT YOU WERE THE C. E. O. OF?" AND HE WOULD
19 SAY YES. SO I WOULD SAY, " OKAY. NOWLET' S GO THROUGH
20 I T AGAI N. " THAT' S WHAT THAT SOLI LOQUY I S.
21 THE COURT: AND YOUR OBJ ECTI ONS?
22 MS. BI NA: I THI NK I ' LL MOVE ON.
23 THE COURT: OKAY. SO YOU' RE WI THDRAWI NG THAT
24 OBJ ECTI ON?
25 MS. BI NA: YES, YOUR HONOR. AND I THI NK THAT WAS
26 I T, YOUR HONOR.
27 THE COURT: OKAY. THANK YOU.
28 MR. PANI SH: OKAY. THAT' S 25 MI NUTES. WE J UST
866 299-5127
2051
1 HAVE A FEW, YOUR HONOR. FI RST I S THI S EXHI BI T HERE.
2 ARE WE OBJ ECTI NG TO THI S ONE?
3 MR. BOYLE: NO.
4 I ' LL DO I T.
5 YOUR HONOR, SLI DE NUMBERS 22 AND 23 - -
6 MS. BI NA: CAN WE GET A COPY, PLEASE?
7 ONE MORE I SSUE HAS J UST BEEN BROUGHT UP.
8 ARE YOU GUYS USI NG THE DEPOSI TI ON CLI P FROM MR. MEGLEN?
9 BECAUSE YOU DI DN' T PROVI DE A COPY OF THE VI DEO, BUT
10 I T' S ON THE LI ST.
11 MR. PANI SH: I T' S ON THE LI ST.
12 MS. BI NA: THERE' S NO VI DEO PROVI DED.
13 MR. BOYLE: CAN WE FI NI SH THI S? THANK YOU.
14 THE COURT: OKAY. SLI DE 22 AND 23.
15 MR. BOYLE: OKAY. SO BASI CALLY, YOUR HONOR,
16 WE' RE ARGUI NG HERE THI S I S - - THI S HAS TO DO WI TH A
17 POLI CE STATEMENT THAT DR. MURRAY GAVE TO THE POLI CE.
18 AND OUR POSI TI ON ON THAT I S ANYTHI NG - - I T' S HEARSAY,
19 BUT ANYTHI NG DR. MURRAY WOULD HAVE SAI D THAT' S AGAI NST
20 HI S PENAL I NTEREST WI TH THE HEARSAY EXCEPTI ON, THAT' S
21 FI NE.
22 BUT WHEN THEY PUT I N AN OUT- OF- COURT
23 STATEMENT BY DR. MURRAY SAYI NG SOMETHI NG THAT
24 MR. J ACKSON SAI D TO HI M, THAT' S DOUBLE HEARSAY, AND
25 THERE' S NO EXCEPTI ON FOR THAT. AND, YOU KNOW, DR. - - I
26 MEAN - - SO I DON' T KNOW.
27 I F DR. MURRAY I S GOI NG TO COME I N, FI NE;
28 BUT DR. MURRAY SI GNED A DECLARATI ON THAT HE' S NOT GOI NG
866 299-5127
2052
1 TO TESTI FY AND ASSERT HI S FI FTH- AMENDMENT PRI VI LEGE.
2 THE COURT: SO THERE' S ONLY A PORTI ON OF THI S
3 THAT YOU' RE - -
4 MR. PANI SH: WELL, THE STATEMENTS OF DR. MURRAY
5 I S ALL HEARSAY, AND WHAT MR. J ACKSON ASKED HI M I S
6 DOUBLE HEARSAY.
7 MS. BI NA: YOUR HONOR, YOU ALLOWED THI S I N ON
8 SUMMARY J UDGMENT, AND THE REASON BEI NG I T' S NOT
9 HEARSAY. ONE, MR. J ACKSON' S STATEMENTS ARE NOT HEARSAY
10 BECAUSE STATEMENTS OF A DECEDENT I N A WRONGFUL DEATH
11 ACTI ON ARE NOT HEARSAY, THEY ARE STATEMENTS OF A PARTY,
12 AND ARE CONSI DERED AS SUCH.
13 SO MR. J ACKSON' S STATEMENTS ARE NOT A
14 PROBLEM. AS FOR DR. MURRAY' S STATEMENTS, THEY' RE NOT
15 OFFERED FOR THE TRUTH OF THE MATTER ASSERTED BUT TO
16 SHOWHI S UNDERSTANDI NG OF THE CONTRACTUAL RELATI ONSHI P
17 BETWEEN THE PARTI ES. THAT' S A NON- HEARSAY PURPOSE.
18 MR. PANI SH: HI S UNDERSTANDI NG I S I RRELEVANT. A
19 J URY DECI DES WHO HI RED AND WHO DI DN' T; AND MR. J ACKSON,
20 I T' S DOUBLE HEARSAY. SO THEY WANT TO PLAY SOMETHI NG
21 FOR A WI TNESS THAT' S NOT HERE THAT SAYS SOMETHI NG ABOUT
22 ANOTHER WI TNESS WHO I S DEAD, AND WE DON' T KNOWANYTHI NG
23 ABOUT DR. MURRAY AND HI S - - HI M, YOU KNOW, DAYS
24 AFTERWARDS, TRYI NG TO GI VE EXCULPATORY TESTI MONY.
25 MS. BI NA: YOUR HONOR - -
26 MR. PANI SH: AND HI S LAWYER I S SI TTI NG OVER THERE
27 WI TH ALL THE A. E. G. PEOPLE.
28 MR. PUTNAM: OBJ ECTI ON, FOR THE RECORD, YOUR
866 299-5127
2053
1 HONOR. THAT' S, I N FACT, NOT THE CASE, AS SHOWN BY
2 WHERE SHE' S SI TTI NG AND WHERE A. E. G. I S SI TTI NG.
3 THE COURT: I DON' T KNOWWHERE - -
4 MR. PANI SH: I T' S DOUBLE HEARSAY.
5 MS. BI NA: YOUR HONOR, LET ME QUOTE FROM SOUTHERN
6 CALI FORNI A EDI SON COMPANY V. SUPERI OR COURT,
7 37 CAL. APP. 4TH 839 AT - - THI S I S TI NY FOR SOME REASON,
8 PRI NTED OUT SMALL - - 234 ( SI C) . " THE PRACTI CAL
9 I NTERPRETATI ON OF A CONTRACT BY ONE PARTY EVI DENCED BY
10 I TS WORDS OR ACTS CAN BE USED ON BEHALF OF THE OTHER
11 PARTY EVEN THOUGH THE PARTY HAD NO KNOWLEDGE OF THOSE
12 WORDS OR ACTS WHEN THEY OCCURRED.
13 " THE LAWI S WELL SETTLED THAT THE WORDS AND
14 ACTS OF A PARTY, THEI R VERBAL UNDERSTANDI NG OF THE
15 CONTRACT AS THEY EXPRESS AT THE TI ME, I S EVI DENCE AS TO
16 WHETHER A CONTRACT EXI STED AND WHAT KI ND OF CONTRACT
17 EXI STED. "
18 THAT' S A NON- HEARSAY PURPOSE, I T' S NOT
19 OFFERED FOR I TS TRUTH THAT THI S EXI STED OR DI DN' T
20 EXI ST, I T' S OFFERED TO SHOWWHAT THE UNDERSTANDI NG OF
21 THE PARTI ES WAS AT THE TI ME, WHI CH I S A - - AN
22 ABSOLUTELY DI SPUTED MATTER I N THI S CASE, WAS THERE A
23 MEETI NG OF THE MI NDS OR WAS THERE NOT.
24 MR. PANI SH: THEY' RE OFFERI NG I T TO SHOWTHERE' S
25 NO CONTRACT. THAT' S EXACTLY THE PURPOSE I T' S BEI NG
26 OFFERED FOR. THAT' S A HEARSAY PURPOSE.
27 MR. PUTNAM: YOUR HONOR, AS YOU DETERMI NED AT
28 SUMMARY J UDGMENT, THE REASON THI S I S ADMI SSI BLE, AND
866 299-5127
2054
1 THE REASON I T NEEDS TO BE ADMI SSI BLE HERE, I S BECAUSE
2 I T GOES TO THE STATE OF MI ND OF WHAT DR. CONRAD MURRAY
3 UNDERSTOOD AT THE TI ME WERE HI S RELATI ONSHI P WI TH
4 MR. J ACKSON AND HI S LACK OF RELATI ONSHI P WI TH A. E. G.
5 LI VE.
6 I T GOES TO HI S UNDERSTANDI NG.
7 THE COURT: THE PROBLEM I HAVE I S WHAT ABOUT THE
8 ABI LI TY TO CROSS- EXAMI NE DR. MURRAY?
9 MS. BI NA: YOUR HONOR, WE DO I NTEND TO CALL
10 DR. MURRAY, BUT THE I SSUE HERE I S NOT
11 CROSS- EXAMI NATI ON, OR LACK THEREOF, BECAUSE I T' S NOT
12 HEARSAY. I T' S NOT OFFERED FOR THE TRUTH. WHAT I T I S
13 I S A CONTEMPORANEOUS DEMONSTRATI ON OF A CONTRACTUAL
14 STANDI NG. THEY CAN ARGUE THAT THE CONTRACT DOESN' T SAY
15 THAT.
16 THE COURT: HOWI S I T CONTEMPORANEOUS? THI S I S A
17 POST- ARREST STATEMENT. I T WOULD BE CONTEMPORANEOUS I F
18 I T WAS DONE CLOSE I N TI ME TO THE CONTRACT, BUT THI S
19 I S - -
20 MS. BI NA: I T' S J UNE 27, 2009, YOUR HONOR. I T' S
21 THREE DAYS AFTER DR. MURRAY SI GNED HI S COPY OF THE
22 CONTRACT, AND I T I S CONTEMPORANEOUS UNDERSTANDI NG, YOUR
23 HONOR.
24 MR. PANI SH: AFTER MI CHAEL J ACKSON DI ED? THAT' S
25 NOT CONTEMPORANEOUS. HOWARE WE GOI NG TO CROSS- EXAMI NE
26 ON THESE SELF- SERVI NG STATEMENTS? WHAT HE THOUGHT I S
27 NOT RELEVANT. HE' S NOT - - THEY' RE SAYI NG THERE' S NO
28 CONTRACT. THEY WANT TO BOOTSTRAP DR. MURRAY' S
866 299-5127
2055
1 STATEMENT TO THE POLI CE WHEN WE DON' T GET A CHANCE
2 TO - - TO CROSS- EXAMI NE HI M AS TO WHAT HE SAI D.
3 THAT I S A HEARSAY PURPOSE. HOWCAN THEY
4 GET THAT I NTO EVI DENCE?
5 MS. BI NA: YOUR HONOR, I T' S NOT HEARSAY BECAUSE
6 I T' S OFFERED TO SHOWTHE STATE OF MI ND AND WHETHER
7 THERE WAS A MEETI NG OF MI NDS AT THE TI ME. THE LAWI S
8 WELL ESTABLI SHED THAT A PARTY' S UNDERSTANDI NG OF
9 WHETHER OR NOT THEY WERE I N A CONTRACTUAL RELATI ONSHI P
10 I S ADMI SSI BLE NON- HEARSAY, OR I F I T I S HEARSAY - - A
11 PARTY TO A CONTRACT, NOT A PARTY TO A LAWSUI T.
12 THE UNDERSTANDI NG OF BOTH PARTI ES AS TO
13 WHETHER THEY WERE I N A CONTRACTUAL RELATI ONSHI P OR NOT
14 I S EVI DENCE OF THE I NTERPRETATI ON OR UNDERSTANDI NG OF
15 THE RELATI ONSHI P. I T' S NOT FOR I TS TRUTH, I T' S A
16 STATE- OF- MI ND EXCEPTI ON OR NON- HEARSAY, DEPENDI NG ON
17 WHI CH CASES YOU READ.
18 CONTRACT NEGOTI ATI ONS ARE CONSI DERED VERBAL
19 ACTS, A PARTY' S CONTEMPORANEOUS UNDERSTANDI NG OF THE
20 TERMS OF THE CONTRACT - -
21 THE COURT: I ' M GOI NG TO ALLOWI T FOR OPENI NG
22 STATEMENT. WE NEED TO REVI SI T I T, THOUGH, BECAUSE I
23 WANT TO FI ND OUT I F DR. MURRAY I S GOI NG TO TESTI FY OR
24 NOT, BECAUSE THAT MAY I MPACT THE ABI LI TY TO
25 CROSS- EXAMI NE.
26 MR. PANI SH: HE STATED UNDER OATH THAT HE WASN' T
27 GOI NG TO TESTI FY, HE WAS GOI NG TO ASSERT THE FI FTH
28 AMENDMENT, AS ADVI SED BY HI S LAWYER. AND THE J URY
866 299-5127
2056
1 SHOULD BE I NSTRUCTED ON A LI MI TI NG I NSTRUCTI ON ON THE
2 PURPOSE, THAT I T' S NOT BEI NG OFFERED FOR THE TRUTH.
3 THE COURT: I T' S NOT BEI NG OFFERED FOR ANY
4 EVI DENCE. I T' S OPENI NG STATEMENTS. I T' S NOT EVI DENCE
5 AT ALL.
6 MR. BOYLE: ONE LAST ONE, YOUR HONOR.
7 MR. PANI SH: WHAT ABOUT MR. J ACKSON' S STATEMENTS
8 I N THERE? THOSE SHOULDN' T BE COMI NG I N.
9 THE COURT: I ' M GOI NG TO ALLOWI T FOR NOW, AND
10 WE' LL REVI SI T I T.
11 MR. BOYLE: YOUR HONOR, WHAT THAT I S, WE' RE GOI NG
12 TO ARGUE THAT THAT SHOULD NOT BE ADMI SSI BLE FOR A
13 NUMBER OF REASONS, AND SO I T SHOULDN' T BE SHOWN. THAT
14 WAS FROM A STATEMENT OF DAMAGES EARLY I N THE CASE.
15 AS THE COURT KNOWS, A STATEMENT OF DAMAGES
16 I S DONE EARLY BEFORE ANY OF THE EXPERT WORK OR
17 DI SCOVERY I S DONE ON EVI DENCE, AND LAWYERS HAVE A DUTY
18 TO PROTECT THEI R CLI ENTS BY MAKI NG THEM HI GHER NUMBERS
19 I N CASE THERE I S A DEFAULT J UDGMENT. THERE' S NOT BEEN
20 A DEFAULT J UDGMENT BY A. E. G. I N THI S CASE, SO THE
21 STATEMENT OF DAMAGES SERVES NO PURPOSE.
22 THE COURT J UST TODAY RULED ON OUR - - THEI R
23 MOTI ONS I N LI MI NE TO KEEP OUT OUR ECONOMI C EXPERTS.
24 NOWWE KNOWOUR ECONOMI C EXPERTS WI LL TESTI FY TO
25 NUMBERS THAT ARE MUCH LOWER THAN WE HAD DONE AS SAFETY
26 NUMBERS I N THERE. SO WE WOULD BE - - WE WOULD - - YOU
27 KNOW- - WE CAN AMEND OUR STATEMENT OF DAMAGES, BUT
28 THAT' S ONLY BEI NG OFFERED - - YOU CAN SEE HOWTHEY ADDED
866 299-5127
2057
1 I T UP ON THE BOTTOM.
2 THAT' S ONLY BEI NG OFFERED TO PREJ UDI CE
3 PLAI NTI FFS, AND THEY' RE CLAI MI NG THAT WE' RE ASKI NG FOR
4 THAT AMOUNT OF MONEY. AS THE COURT KNOWS, OUR
5 COMPLAI NT I N THE CASE ASKS FOR NO MONEY. I T ASKS FOR
6 DAMAGES ACCORDI NG TO PROOF AT TRI AL.
7 SO TO CLAI M THAT A STATEMENT OF DAMAGES
8 WRI TTEN BY AN ATTORNEY I S THE DAMAGES BEI NG CLAI MED I N
9 A CASE I S MI SLEADI NG AND DESI GNED ONLY TO PREJ UDI CE THE
10 J URY THAT THE J ACKSONS ARE ASKI NG FOR SOME OBSCENE
11 AMOUNT OF MONEY, AND I T' S I RRELEVANT, AND I T' S NOT A
12 VERI FI ED COURT DOCUMENT.
13 SO I THI NK - - I T' S NOT FI LED WI TH THE
14 COURT, EVEN; AND SO - - I MEAN, I F THE COURT WERE
15 I NCLI NED TO LET THEM DO THAT, THEN WE NEED TO PUT
16 EI THER MR. PANI SH OR MYSELF ON THE STAND TO EXPLAI N TO
17 THE J URY WHAT THAT MEANS OR WHAT THAT HAS TO DO WI TH
18 ANYTHI NG.
19 MS. STRONG: YOUR HONOR, OFTEN, I T' S QUI TE COMMON
20 PRACTI CE FOR COUNSEL I N MATTERS TO REFER TO THE
21 ALLEGATI ONS I N THE COMPLAI NT, AND ALSO TO SPEAK TO
22 DAMAGES THAT ARE CLAI MED.
23 THE DAMAGES I N THI S CASE, YOUR HONOR, WERE
24 NOT ASSERTED I N THE COMPLAI NT PURSUANT TO CODE; BUT
25 THERE' S A SEPARATE CODE PROVI SI ON THAT PROVI DES
26 DEFENDANTS THE ABI LI TY TO REQUEST A STATEMENT OF
27 DAMAGES, AND THAT STATEMENT OF DAMAGES I S TREATED AS I F
28 I T WERE A STATEMENT OF DAMAGES ASSERTED I N THE
866 299-5127
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1 COMPLAI NT, YOUR HONOR.
2 AND THE CASE LAWI S CLEAR THAT COUNSEL MAY
3 REFER TO THAT, AND THE CASES HAVE ADDRESSED THI S EXACT
4 I SSUE THAT PLAI NTI FFS ARE RAI SI NG RI GHT NOW, THE
5 POTENTI AL PROBLEM I T POSES TO PLAI NTI FFS WHEN THEY
6 ASSERT AN EXORBI TANT CLAI M FOR DAMAGES. AND
7 SPECI FI CALLY REFERRI NG TO - -
8 THE COURT: I ' M GOI NG TO OVERRULE THE OBJ ECTI ON.
9 YOU MAY USE I T.
10 MS. STRONG: THANK YOU, YOUR HONOR.
11 THE COURT: I S THAT I T FOR - -
12 MR. BOYLE: CAN MR. PANI SH TESTI FY?
13 THE COURT: NO. WHAT I WANT TO KNOWI S ARE WE
14 READY FOR OUR OPENI NG STATEMENTS.
15 MR. PANI SH: I J UST WANT TO MAKE SURE THAT MY
16 NAME I S ADDED TO THE WI TNESS LI ST.
17 MS. STRONG: YOUR HONOR, THERE' S A MOTI ON I N
18 LI MI NE THAT YOU - -
19 MR. PANI SH: CAN I GO TO THE RESTROOM?
20 MS. STRONG: MOTI ON I N LI MI NE NUMBER 6 AS TO
21 SPECULATI VE DAMAGES, YOU HELD THAT OFF PENDI NG THE
22 RULI NGS ON THE EXPERT MOTI ONS, YOUR HONOR. AND THE
23 I SSUE THAT' S MOST CRI TI CAL WI TH RESPECT TO THAT I S
24 I NCLUDED I N THAT WAS A STATEMENT OF MR. BARRACK THAT WE
25 WERE ASKI NG THAT THE COURT EXCLUDE BECAUSE I T WAS
26 PURELY SPECULATI VE AS TO $500 MI LLI ON A YEAR POTENTI AL
27 EARNI NGS WI TH RESPECT TO MR. J ACKSON.
28 YOU HELD OFF THE RULI NG ON THAT, YOUR
866 299-5127
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1 HONOR; AND I DON' T KNOWI F THEY I NTEND TO RAI SE THAT I N
2 THE OPENI NG STATEMENTS OR NOT, BUT I T WOULD BE
3 I NAPPROPRI ATE, AS WE DO NOT BELI EVE THAT' S SOMETHI NG
4 THAT SHOULD GO TO THE J URY, YOUR HONOR.
5 MR. BOYLE: YOUR HONOR, WE' RE NOT GOI NG TO RAI SE
6 I T I N THE OPENI NG STATEMENT.
7 MS. STRONG: THANK YOU.
8 THE COURT: REMI ND ME THAT I T' S DANGLI NG OUT
9 THERE, I NEED TO ADDRESS I T.
10 MR. BOYLE: YES, BEFORE MR. BARRACK, WE' LL GO - -
11 MS. CHANG WAS GOI NG TO ARGUE THAT, AND SHE
12 COULDN' T GET OUT OF THERE.
13 MS. CHANG: FOR THE RECORD, I WANTED TO STATE THE
14 CASE LAWREGARDI NG THE STATEMENT OF DAMAGES BECAUSE THE
15 STATEMENT OF DAMAGES I S NOT PART OF THE PLEADI NG. I N
16 FACT, WHEN THE LEGI SLATURE CHANGED THE RULES, THE
17 PRAYER FOR DAMAGES HAD TO BE REMOVED.
18 THE PURPOSE OF THE STATEMENT OF DAMAGES I S
19 TWOFOLD. ONE I S I N EVENT OF A DEFAULT, AND THE SECOND
20 I S I F THE DEFENDANT ASKED FOR I T. AND I T' S TO GI VE
21 NOTI CE OF THE MAXI MUM OR CEI LI NG THAT THE DEFENDANT
22 WOULD BE EXPOSED TO. ONCE THERE I S NO DEFAULT, CASE
23 LAWHAS HELD THAT I T I S I RRELEVANT.
24 WE HAD THI S I SSUE I N THE CUTHBERTSON VERSUS
25 L. A. C. M. T. A. CASE WHERE THEY TRI ED TO SAY WE WERE
26 RESTRAI NED BY OUR STATEMENT OF DAMAGES. WE CI TED TO
27 THE COURT A NUMBER OF CASES THAT STATE THAT I F THERE I S
28 NO DEFAULT, THAN THE STATEMENT OF DAMAGES I S
866 299-5127
2060
1 I RRELEVANT. I T I S NOT - -
2 THE COURT: DO YOU HAVE A CASE?
3 MS. STRONG: THAT' S A COMPLETELY DI FFERENT I SSUE,
4 YOUR HONOR. WI TH RESPECT TO WHETHER OR NOT I T' S
5 TREATED THE SAME, I CAN CI TE DAMELE, D- A- M- E- L- E,
6 VERSUS MACK TRUCKS, 219 CAL. APP. 3D 29.
7 AND FROM THAT CODE, I T SAYS " I N SHORT THE
8 PURPOSE OF SECTI ON 425. 11 - - " WHI CH I S THE ONE THAT
9 ALLOWS A PARTY TO SEEK A STATEMENT OF DAMAGES " - - I S
10 ESSENTI ALLY I DENTI CAL TO THAT OF THE STATEMENT OF
11 DAMAGES REQUI RED I N ALL NON- PERSONAL I NJ URY COMPLAI NTS.
12 " GI VEN THI S ESSENTI AL I DENTI TY OF PURPOSE,
13 WE SEE NO REASON WHY THE GENERAL RULES RESPECTI NG A
14 SECTI ON 425. 11 STATEMENT OF DAMAGES SHOULD BE ANY
15 DI FFERENT FROM THOSE GOVERNI NG A STATEMENT OF DAMAGES
16 MADE I N THE COMPLAI NT PURSUANT TO SECTI ON 425. 10. "
17 THOSE ARE NOT - - THE CASES THAT I WAS GOI NG
18 TO READ FROM BEFORE, YOUR HONOR, MAKE I T CLEAR THAT
19 WHEN THI S HAPPENS, I T' S OF PLAI NTI FFS' OWN MAKI NG, AND
20 THEY GET TO LI VE WI TH THE RESULT. I ' LL READ FROM THOSE
21 CASES I F YOU LI KE, YOUR HONOR.
22 THE COURT: I ' M GOI NG TO OVERRULE THE
23 OBJ ECTI ON.
24 MS. CHANG: YOUR HONOR, I WAS RI GHT I N THE MI DDLE
25 OF MY ARGUMENT. I J UST WANTED TO FI NI SH I T J UST FOR
26 THE RECORD, THAT WE HAD I T.
27 THE DAMELE CASE, WE DI D CI TE I N OUR CASE,
28 AS WELL; BUT THAT I S NOT EXACTLY THE CASE I WAS
866 299-5127
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1 THI NKI NG OF WHEN SHE J UMPED UP. WHAT I WAS TALKI NG
2 ABOUT I S BASI CALLY THE CODE OF CI VI L PROCEDURE 580, I F
3 THERE' S NO ANSWER, I N ANY CASE, THE COURT MAY GRANT THE
4 PLAI NTI FF ANY RELI EF CONSI STENT WI TH THE CASE MADE BY
5 THE COMPLAI NT AND EMBRACED WI THI N THE I SSUE AFTER THE
6 DEFAULT.
7 THEY LOOK, THEN, TO THE COMPLAI NT. OUR
8 FI RST AMENDED COMPLAI NT, I N THE PRAYER, UNDER A,
9 SPECI FI CALLY STATES " ECONOMI C DAMAGES AS PROVI DED AT
10 THE TI ME OF TRI AL. " SECTI ON B OF OUR PRAYER SAYS
11 " NON- ECONOMI C DAMAGES AS PROVI DED AT THE TI ME OF TRI AL
12 OR ACCORDI NG TO THE PROOF. "
13 AND THE CASE LAWI S CLEAR THAT ONCE WE PASS
14 THAT DEFAULT STAGE, THE ONLY PURPOSE OF THE STATEMENT
15 OF DAMAGES I S TO ALERT THE DEFENSE OF THE MAXI MUM
16 CEI LI NG THAT THEY ARE SUBJ ECT TO BE EXPOSED TO. ONCE
17 AN ANSWER I S FI LED, THE CASE LAWI S VERY CLEAR THAT
18 THERE I S NO - - I T' S NOT A PLEADI NG, I T' S NOT PART OF
19 THE CASE, I T ALL GOES TO SUBJ ECT TO PROOF AT TRI AL.
20 SO THERE' S GREAT PREJ UDI CE HERE BECAUSE I N
21 FAI RNESS, WE MADE I T HI GH SO THEY KNEWTHAT THEY WOULD
22 BE SUBJ ECTED TO A HI GH CEI LI NG; BUT THAT' S THE ONLY
23 PURPOSE FOR I T. ONCE THE DEFAULT STAGE HAS ENDED, THEN
24 I T I S MOOT, AND THE PURPOSE NOWGOES ACCORDI NG TO THE
25 COMPLAI NT WHI CH STATES, PURSUANT TO THE C. C. P. ,
26 " ECONOMI C DAMAGES AS PROVI DED AT THE TI ME OF TRI AL. "
27 AT THE TI ME OF TRI AL, I T' S NOT GOI NG TO BE
28 ANYWHERE NEAR THERE AND WE KNOWTHAT BECAUSE OF THE
866 299-5127
2062
1 DI SCOVERY THAT' S BEEN COMPLETED.
2 SO FOR THEM TO SUBMI T SOMETHI NG THAT' S NOT
3 A PLEADI NG, THAT HAS BEEN HELD BY THE COURTS - - AND I
4 HAVE THE CUTHBERTSON BRI EF RI GHT HERE, I N FACT - - AND
5 THAT HAS NOT BEEN SUBMI TTED, AND I S NOT A PLEADI NG, I T
6 I S MEANI NGLESS, I T I S NOT WHAT THE PURPOSE WAS FOR THE
7 STATEMENT OF DAMAGES.
8 MS. STRONG: SHE' S MERELY SPEAKI NG, YOUR HONOR,
9 OF THE CASES THAT DEAL WI TH WHETHER OR NOT I T CAN BE
10 TREATED AS A CAP OR NOT; AND, OBVI OUSLY, THAT - - I T' S
11 NOT TREATED AS A CAP; AND I F PROOF WERE TO COME I N AND
12 THERE WAS AMENDMENT WI TH RESPECT TO THAT, I T COULD BE
13 MODI FI ED. THI S WAS NOT A CAP.
14 THAT' S NOT WHAT WE' RE DEALI NG WI TH HERE,
15 YOUR HONOR. AND I T' S SO CLEAR I N THE CASE LAWWHEN I T
16 TALKS ABOUT HOWCOUNSEL MAY DO SO AND USUALLY DO REFER
17 TO THE AMOUNT CLAI MED. I T SAYS - - THI S I S FROM
18 BUSWELL, B- U- S- W- E- L- L, VERSUS CI TY AND COUNTY OF
19 SAN FRANCI SCO, 89 CAL. APP. 2D 123.
20 " I T MAY - - " I T' S TALKI NG ABOUT WHETHER OR
21 NOT THE AMOUNT OF DAMAGES THAT WERE SOUGHT I N THE
22 COMPLAI NT, A PRAYER, COULD BE READ TO THE J URY OR NOT;
23 AND HERE, THE DI SPUTE WAS FOCUSI NG ON WHETHER THE COURT
24 COULD READ I T OR NOT I N A J URY I NSTRUCTI ON.
25 AND I N ANALYZI NG THE I SSUE, THE CASE - - THE
26 CASE GOES ON TO EXPLAI N, WELL, COUNSEL USUALLY DO; AND
27 THE SPECI FI C QUOTE I S, " COUNSEL MAY DO SO, AND USUALLY
28 DO. " AND I T SAYS " I T MAY WELL BE DOUBTED THAT A
866 299-5127
2063
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DEFENDANT EVER I S I NJ URED BY AN I NSTRUCTI ON AS HERE
SUGGESTED.
" ON THE OTHER HAND, WE FEEL CERTAI N THAT
THERE HAVE BEEN CASES WHEN A DEFENDANT WAS HELPED BY A
J URY' S I MPRESSI ON THAT THE PLAI NTI FF FI LED AN
EXORBI TANT CLAI M. SUCH A RESULT, HOWEVER, I S
PLAI NTI FFS' OWN HARVEST. " THERE' S ANOTHER CASE, YOUR
HONOR, WI TH SI MI LAR LANGUAGE.
THE COURT: OKAY. I ' M OVERRULI NG THE OBJ ECTI ON.
WE HAVE TWO NOTES FROM J URORS; BUT THEY' RE
THE KI ND OF NOTES WE CAN ADDRESS LATER. I WANT TO GET
STARTED WI TH THE TRI AL.
MR. PANI SH: SO WHAT' S THE SCHEDULE? WE' RE GOI NG
TO GO UNTI L NOON?
THE COURT: YES, WE' LL GO TO NOON.
MR. PANI SH: AND THEN WHAT TI ME ARE WE GOI NG TO
GO?
THE COURT: AND THEN 1: 30.
MR. PANI SH: SO WE' RE NOT GOI NG TO FI NI SH
TODAY.
THE COURT: WE MI GHT.
MR. PANI SH: THEY' VE J UST MANAGED TO WASTE 40
MI NUTES SO THEY WON' T HAVE TO FI NI SH.
Continued to Jacksons Opening statements
28
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( THE FOLLOWI NG PROCEEDI NGS WERE HELD
I N OPEN COURT, I N THE PRESENCE OF THE
J URORS: )
28
866 299-5127
2064
1 THE COURT: KATHERI NE J ACKSON VERSUS A. E. G. LI VE,
2 BC445597.
3 GOOD MORNI NG, EVERYBODY.
4 COUNSEL, I F YOU WOULDN' T MI ND MAKI NG YOUR
5 APPEARANCES, AGAI N.
6 MR. PANI SH: SURE. GOOD MORNI NG. BRI AN PANI SH
7 FOR THE PLAI NTI FFS.
8 MR. BOYLE: GOOD MORNI NG. KEVI N BOYLE FOR THE
9 PLAI NTI FFS.
10 MR. KOSKOFF: GOOD MORNI NG. MI CHAEL KOSKOFF FOR
11 THE PLAI NTI FFS.
12 MR. PUTNAM: GOOD MORNI NG, YOUR HONOR.
13 MARVI N PUTNAM FOR THE DEFENDANTS.
14 MS. BI NA: GOOD MORNI NG. J ESSI CA STEBBI NS BI NA
15 FOR THE DEFENDANTS.
16 MS. STRONG: SABRI NA STRONG FOR THE DEFENDANTS.
17 MS. CAHAN: AND KATHRYN CAHAN FOR THE DEFENDANTS.
18 GOOD MORNI NG.
19 THE COURT: THANK YOU.
20 BEFORE WE GET STARTED, I DI D RECEI VE TWO
21 NOTES; BUT I WANT TO GET STARTED WI TH THE OPENI NG
22 STATEMENTS. WE' LL ADDRESS YOUR NOTES ON THE BREAK.
23 THANK YOU.
24 OPENI NG STATEMENTS ON BEHALF OF THE
25 PLAI NTI FF.
26 MR. PANI SH: THANK YOU.
27 GOOD MORNI NG, EVERYONE. I BET YOU THOUGHT
28 WE' D NEVER GET HERE, BUT HERE WE ARE. BEFORE I BEGI N,
866 299-5127
2065
1 I WOULD LI KE TO I NTRODUCE MRS. KATHERI NE J ACKSON, HER
2 SON RANDY, AND HER SON ( SI C) REBBI E; TWO OF HER
3 CHI LDREN THAT ARE HERE TODAY TO SUPPORT HER.
4 MI CHAEL J ACKSON WAS ONE OF THE MOST
5 SUCCESSFUL AND GREATEST ENTERTAI NERS OF ALL TI ME. HE
6 PERFORMED EVERYWHERE THROUGHOUT THE WORLD, AND " THI S I S
7 I T" WAS GOI NG TO BE HI S BI GGEST AND MOST SUCCESSFUL
8 TOUR.
9
10 ( A VI DEO RECORDI NG WAS PLAYED. )
11
12 MR. PANI SH: THAT I S J UST A LI TTLE CLI P OF THE
13 PRACTI CE REHEARSALS BEFORE MI CHAEL DI ED. BUT THE
14 PROMI SE TURNED TO TRAGEDY; AND ON J UNE 25TH, 2009,
15 MI CHAEL J ACKSON, THE KI NG OF POP, DI ED FROM AN ACUTE
16 OVERDOSE OF PROPOFOL, AN ANESTHETI C.
17 HI S STI RRI NG VOI CE, HI S MUSI CAL GENI US, HI S
18 CREATI VI TY AND HI S GENEROSI TY, AND HI S HUGE HEART WAS
19 EXTI NGUI SHED FOREVER. MI CHAEL J ACKSON HAD MANY FACETS
20 I N HI S LI FE. HE WAS AN I NCREDI BLE SI NGER. HE WAS A
21 GREAT SONGWRI TER WHO NOT ONLY WROTE SONGS, BUT WORKED
22 ON COMPOSI TI ON AND MELODY, AND ALL HI MSELF.
23 HE WAS A DANCER WHO I NTRODUCED US TO THE
24 MOON WALK, AND HI S DANCI NG DEFI ED GRAVI TY. HE WAS A
25 MUSI C PRODUCER. HE SET THE STANDARD AND CHANGED HOW
26 ALL OF US VI EWED MUSI C VI DEOS. HE WAS AN ACTOR. HE
27 APPEARED I N SEVEN MOVI ES.
28 HE WAS AN I NCREDI BLE CHOREOGRAPHER AND
866 299-5127
2066
1 ENTERTAI NER, AND HE WAS AN UNBELI EVABLE HUMANI TARI AN.
2 AND YOU WI LL HEAR THAT NO ONE, NO ENTERTAI NER, NO ONE
3 I N THE WORLD EVER GAVE MORE TO CHARI TY, DI D MORE TO
4 HELP OTHER PEOPLE, THAN MI CHAEL J ACKSON.
5 BUT BESI DE ALL OF THAT, AND MOST
6 I MPORTANTLY, AND WHY WE' RE HERE, I S MI CHAEL J ACKSON WAS
7 A DEVOTED SON TO HI S MOTHER, KATHERI NE, AND HE WAS A
8 GREAT FATHER TO HI S THREE MI NOR CHI LDREN, PRI NCE
9 MI CHAEL, PARI S AND BLANKET. AND YOU' LL HEAR THE
10 EVI DENCE ABOUT THAT.
11 AND WHY WE' RE HERE I S TO ASSESS THE LOSS
12 THAT HI S MOTHER AND THESE CHI LDREN SUFFERED. AND HI S
13 MOTHER, YOU WI LL HEAR, WAS FI NANCI ALLY DEPENDENT ON
14 MI CHAEL, AS WERE HI S CHI LDREN.
15 AND THROUGHOUT THI S CASE, YOU' RE GOI NG TO
16 HEAR A LOT OF EVI DENCE ABOUT THE RELATI ONSHI P THAT
17 EXI STED BETWEEN MI CHAEL AND HI S CHI LDREN AND HI S
18 MOTHER, AND YOU' RE GOI NG TO HAVE TO ASSESS THAT I N THE
19 EVI DENCE HERE. BUT THE SUBJ ECT OF THI S LAWSUI T, YOU
20 WI LL HEAR THE EVI DENCE AND THE WHOLE STORY ABOUT WHAT
21 HAPPENED I N THE DEATH OF MI CHAEL J ACKSON.
22 NOW, A. E. G. , CONRAD MURRAY, ARE A PART OF
23 THI S, AND THE EVI DENCE WI LL SHOWTHAT A. E. G. HAD A
24 LEGAL RESPONSI BI LI TY TO USE REASONABLE CARE WHEN
25 HI RI NG, RETAI NI NG AND SUPERVI SI NG ANYONE THAT WORKED
26 FOR THEM OR ANY I NDEPENDENT CONTRACTORS SUCH AS
27 DR. MURRAY.
28 AND THEY HAD AN OBLI GATI ON AND A
866 299-5127
2067
1 RESPONSI BI LI TY TO MAKE SURE THAT ANY OF THESE PEOPLE
2 WERE FI T AND COMPETENT TO PERFORM THE TASK THAT THEY
3 WERE TO BE PERFORMI NG. AND I N THI S CASE, YOU' RE GOI NG
4 TO SEE A LOT OF EVI DENCE; AND A LOT OF TI MES, I N CASES,
5 LAWYERS WI LL SAY THE EVI DENCE WI LL COME I N I N BI TS AND
6 PI ECES.
7 AND WHAT I ' M GOI NG TO DO FOR YOU I S SHOW
8 YOU LI KE THE BOX TOP OF THE J I GSAWPUZZLE, WHERE ALL
9 THE PI ECES FI T TOGETHER I N THE FI NI SHED PRODUCT.
10 YOU' RE GOI NG TO HAVE TO HEAR I T COMI NG I N I N DI FFERENT
11 PLACES. PUT I T ALL TOGETHER AND, AT THE END,
12 DELI BERATE BASED ON THE FACTS AND THE LAWAND RETURN
13 TRUTH AND J USTI CE I N THI S CASE.
14 SO FI RST I WANT TO TALK ABOUT WHAT I S I T
15 AND HOWDO THE PUZZLE PI ECES GO TOGETHER. AND THERE
16 REALLY ARE THREE PARTS TO THI S STORY. EACH ONE PLAYED
17 SOME PART I N THE ULTI MATE RESULT, THE DEATH OF
18 MI CHAEL J ACKSON. YOU HAVE MI CHAEL J ACKSON, YOU HAVE
19 DR. CONRAD MURRAY AND YOU HAVE A. E. G. LI VE.
20 AND I WANT TO EXAMI NE EACH ONE OF THOSE
21 I NDI VI DUALS, AND WHAT THEY DI D OR DI DN' T DO TO RESULT
22 I N THE ULTI MATE OUTCOME, THE DEATH OF MI CHAEL J ACKSON.
23 WE' RE HERE TODAY BECAUSE MRS. J ACKSON AND HER FAMI LY
24 AND CHI LDREN WANT THE WHOLE STORY TO BE TOLD OF WHAT
25 REALLY HAPPENED I N THI S LAST PART OF MI CHAEL' S LI FE
26 LEADI NG TO HI S DEATH.
27 AND LET' S FI RST START WI TH MI CHAEL.
28 MI CHAEL - - MI CHAEL WAS A TALENTED PERFORMER. WE ALL
866 299-5127
2068
1 KNOWTHAT. BUT MI CHAEL HAD A PROBLEM. MI CHAEL BECAME
2 DEPENDENT AT TI MES ON PRESCRI PTI ON MEDI CATI ON AND
3 DEMEROL, PAI N MEDI CATI ON FOR PAI N, SUFFERI NG, ANXI ETY,
4 AND THI NGS THAT HE HAD.
5 AND I T BECAME MORE - - MORE PREVALENT WHEN
6 HE WAS GOI NG THROUGH A RI GOROUS SCHEDULE, SUCH AS
7 CONCERTS, PREPARI NG FOR CONCERTS. AND YOU WI LL HEAR
8 FROM THE EXPERT WI TNESSES ON ADDI CTI ON THAT I T I S - -
9 ADDI CTI ON OR DEPENDENCY I S A DI SEASE, THAT YOU DON' T - -
10 YOU' RE NOT ABLE TO SAY, " I DON' T WANT TO HAVE I T" OR " I
11 DO WANT TO HAVE I T. "
12 AND DEMEROL AND PRESCRI PTI ON MEDI CATI ONS
13 CAN BE HI GHLY ADDI CTI VE. SOME PEOPLE BECOME ADDI CTED,
14 OTHERS DON' T. AND YOU' RE GOI NG TO HEAR ALL ABOUT THAT
15 I N THI S CASE.
16 AND WHAT YOU' RE GOI NG TO HEAR I S THAT
17 MI CHAEL LED HI S LI FE, WHETHER HE WAS TAKI NG THESE
18 PRESCRI PTI ON MEDI CATI ONS OR NOT, AND HE FUNCTI ONED, AND
19 HE WAS A GOOD FATHER AND A GOOD SON, AND HE WAS ABLE TO
20 CARRY OUT HI S DAI LY ACTI VI TI ES, BUT HE HAD AN I SSUE.
21 AND YOU' RE NOT GOI NG TO EVER HEAR US SAY THAT HE
22 DI DN' T.
23 AND THE EVI DENCE WI LL SHOWTHAT THE
24 DEFENDANTS WI LL WANT TO PUT EVERYTHI NG ON MI CHAEL AND
25 BLAME MI CHAEL FOR EVERYTHI NG, BUT WHAT I WANT YOU TO DO
26 I S SEE THE WHOLE STORY ABOUT WHAT HAPPENED. WE TALKED
27 ABOUT DURI NG THE J URY SELECTI ON, YOU KNOW, " DO PEOPLE
28 BELI EVE THAT MI CHAEL USED PRESCRI PTI ON MEDI CATI ONS? DO
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2069
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PEOPLE BELI EVE THAT DR. MURRAY GOT CONVI CTED?"
BUT NOBODY KNEWAND NO ONE HAS HEARD THE
STORY ABOUT THE I NVOLVEMENT OF A. E. G. I N THI S ENTI RE
STORY; BECAUSE WI THOUT A. E. G. , NONE OF THI S WOULD HAVE
EVER OCCURRED. SO LET' S TALK ABOUT THI S. MI CHAEL, I N
1984, YOU SEE THI S PEPSI COMMERCI AL. MANY OF YOU HAVE
HEARD OF I T.
HE SUFFERED SEVERE BURNS THROUGH NO FAULT
OF HI S OWN. HE HAD SECOND- AND THI RD- DEGREE BURNS, HE
WAS ADMI TTED TO A BURN UNI T. HE UNDERWENT PAI NFUL
SURGERY, HE UNDERWENT GRAFTI NG. HE SUFFERS TO THI S
DAY - - TO HI S DEATH DEBI LI TATI NG HEADACHES AND
DEBI LI TATI NG MI GRAI NES AS A RESULT OF THESE I NJ URI ES.
AND WHEN HE WAS I N THE HOSPI TAL I N THE BURN
UNI T, HE RECEI VED DEMEROL AND PAI N MEDI CATI ONS; AND
THAT' S WHERE HI S DEPENDENCY ON PAI N MEDI CATI ONS BEGAN.
BUT I T ALSO HAD PART TO DO WI TH - - AND, BY THE WAY,
YOU' RE GOI NG TO HEAR THAT MI CHAEL RECEI VED MONEY FOR
THESE BURNS, AND YOU KNOWWHAT HE DI D?
HE GAVE I T ALL TO THE HOSPI TAL TO SET UP A
BURN WARD FOR CHI LDREN. AFTER SUFFERI NG THI S HORRI BLE
I NJ URY, ALL HE THOUGHT OF WAS HELPI NG OTHERS TO GET
THROUGH THE SAME THI NG THAT HE HAD BEEN THROUGH. AND
MI CHAEL ALSO, YOU' LL HEAR THE EVI DENCE, WAS A PERFORMER
SI NCE THE AGE OF 6.
HE HAD 44 YEARS OF SHOWBUSI NESS, AND HE
HAD ACHES AND PAI NS, HE HAD ANXI ETY, HE HAD A SORE BACK
AND I NJ URI ES THROUGHOUT HI S CAREER WHI CH CONTRI BUTED TO
866 299-5127
2070
1 HI S DEPENDENCY ON PAI N MEDI CATI ONS. AND THERE' S GOI NG
2 TO BE NO DI SPUTE ABOUT THAT I N THI S CASE.
3 NOW, YOU' RE ALSO GOI NG TO HEAR HI S PAI N
4 THRESHOLD WAS LOW. EVERYONE' S I S DI FFERENT. HE HAD A
5 PAI N THRESHOLD THAT WASN' T AS HI GH AS SOME. NOW,
6 YOU' RE GOI NG TO HEAR THAT FROM' 84 TO HI S DEATH, HE HAD
7 PAI N. HE HAD SEVERE BURN I NJ URI ES, WE TALKED ABOUT
8 THAT, MULTI PLE SURGI CAL PROCEDURES, ARTHRI TI S I N HI S
9 BACK.
10 YOU' RE GOI NG TO HEAR THAT HE HAD A
11 CONDI TI ON CALL VI TI LI GO, WHI CH CAUSED WHI TENI NG OF THE
12 SKI N, A LOT OF PROCEDURES FOR THAT. DEMEROL WAS GI VEN,
13 PAI N MEDI CATI ONS WERE GI VEN, ALL GI VEN BY PHYSI CI ANS.
14 AND YOU' RE GOI NG TO HEAR ALL ABOUT THAT I N THI S TRI AL.
15 BUT YOU' RE ALSO GOI NG TO HEAR ABOUT HI S
16 DANCI NG, AND HE HAD THE MAGI C FEET AND THE FASTEST FEET
17 AROUND. AND HERE' S A VI DEO OF HI M DANCI NG.
18
20
21 MR. PANI SH: AND HI S WAY OF DANCI NG, OF ALWAYS
22 WANTI NG TO DO THE BEST J OB, NO ORDI NARY DANCER,
23 CONTRI BUTED TO HI S WEAR AND TEAR ON HI S BODY. AND
24 THAT' S J UST A FACT. HE WAS AN ATHLETE. HE WAS
25 PERFORMI NG I NCREDI BLE TASKS; AND OVER TI ME,
26 UNFORTUNATELY, WE ALL AGE, HE SUFFERED SOME WEAR AND
27 TEAR.
28 NOW, I N MUNI CH I N 1999, MI CHAEL WAS ON A
866 299-5127
2071
1 BRI DGE DOI NG A PERFORMANCE 50 FEET ABOVE THE SKY WHEN
2 THE BRI DGE COLLAPSED, HE FELL TO THE BOTTOM, SUFFERED A
3 BAD BACK I NJ URY, BUT CONTI NUED TO PERFORM. COLLAPSED
4 AFTER THE PERFORMANCE; BUT NEVER, EVER WANTED TO DO
5 ANYTHI NG BUT THE MOST PERFECT PERFORMANCE.
6 AND YOU' LL SEE THE TWO SI DES OF THE BRI DGE
7 WERE SUPPOSED TO COLLAPSE, NOT THE MI DDLE, LI KE WHAT
8 HAPPENED.
9
11
12 MR. PANI SH: I T FALLS ALL THE WAY DOWN 50 FEET,
13 HE KEEPS PERFORMI NG, FI NI SHES THE SHOW. YOU' RE GOI NG
14 TO HEAR ONE OF THE THEMES I N THI S CASE WAS THE SHOW
15 MUST GO ON. AND YOU' RE GOI NG TO HEAR ABOUT A. E. G. , AND
16 HOWA. E. G. ALWAYS WANTED THE SHOWTO GO ON AND GET TO
17 THE BOTTOM LI NE.
18 NOW, YOU' RE GOI NG TO HEAR ABOUT DEMEROL.
19 DEMEROL I S A PAI N MEDI CATI ON THAT' S PRESCRI BED FOR
20 MEDI CAL PROCEDURES. MI CHAEL RECEI VED DEMEROL OVER THE
21 YEARS. HE RECEI VED I T FROM MANY DOCTORS. YOU' RE GOI NG
22 TO HEAR ALL ABOUT THAT I N THI S CASE; AND THERE' S GOI NG
23 TO BE A BI G PRESENTATI ON BY THE DEFENSE ATTACKI NG
24 MI CHAEL FOR USI NG PRESCRI PTI ON MEDS, DEMEROL, GOI NG TO
25 ALL KI NDS OF DOCTORS.
26 AND THAT' S WHAT HAPPENS WHEN YOU HAVE A
27 DEPENDENCY. YOU WANT TO GET MEDI CATI ON FOR YOUR
28 DEPENDENCY. AND THERE' S NO DI SPUTE ABOUT THAT. NOW,
866 299-5127
2072
1 THE EVI DENCE I S GOI NG TO SHOW, THOUGH, AS A RESULT OF
2 THE PAI N, THE STRESS, AND THE DEMEROL, MI CHAEL HAD
3 I NSOMNI A, I NABI LI TY TO SLEEP.
4 AND ALL OF US KNOWWHAT I T' S LI KE WHEN YOU
5 CAN' T GO TO SLEEP. AND EVERYBODY HAS HAD THAT, WHETHER
6 I T' S ONCE OR PERI ODI C I NSOMNI A, AND I T' S A TERRI BLE
7 FEELI NG. AND BECAUSE OF THI S CYCLE THAT HE WAS I N - -
8 I ' M GOI NG TO SHOWI T TO YOU - - HE ALSO - - THI S I S
9 DR. ALLAN METZGER.
10 YOU' RE GOI NG TO HEAR FROM HI M. HE WAS
11 MI CHAEL' S PHYSI CI AN SI NCE 1983. AND HE' S GOI NG TO TELL
12 YOU THAT PERFECTI ONI SM CAUSED STRESS, AND HE HAD A
13 PROFOUND SLEEP DI SORDER, MI CHAEL DI D. BUT HE NEVER GOT
14 THE COMPLETE TREATMENT THAT HE NEEDED FOR THE SLEEP
15 DI SORDER, AND HE RELI ED ON OTHER THI NGS, SUCH AS
16 MEDI CATI ON AND, EVENTUALLY, PROPOFOL, WHI CH WE' LL TALK
17 ABOUT.
18 NOW, HERE' S PROPOFOL. PROPOFOL I S USED FOR
19 SEDATI ON I N A MEDI CAL SETTI NG. AND WHAT YOU' RE GOI NG
20 TO HEAR I N THI S CASE I S THAT YOU DO NOT SLEEP WHEN
21 YOU' RE GI VEN PROPOFOL. PROPOFOL KNOCKS YOU OUT, BUT
22 YOU DON' T SLEEP.
23 AND YOU MI GHT HEAR ABOUT REM SLEEP, AND I T
24 LOOKS LI KE SLEEP, WHEN YOU WAKE UP, YOU HAVE THI S
25 EUPHORI C FEELI NG; BUT YOU' RE NOT GETTI NG SLEEP WI TH
26 PROPOFOL. NOW, MI CHAEL THOUGHT HE WAS, BUT HE WASN' T
27 GETTI NG SLEEP. AND PROPOFOL I S USUALLY ADMI NI STERED BY
28 AN ANESTHESI OLOGI ST I N A MEDI CAL SETTI NG.
866 299-5127
2073
1 AND MI CHAEL HAD HAD PROPOFOL OVER THE
2 YEARS. HE RECEI VED I T I N SURGERI ES, HE RECEI VED I T I N
3 ORAL SURGERI ES, ALWAYS GI VEN TO HI M BY AN
4 ANESTHESI OLOGI ST THAT MONI TORED. AND WHEN YOU' RE GI VEN
5 THE PROPOFOL, YOU' RE NOT BREATHI NG, SO SOMEBODY I S
6 MONI TORI NG AND BREATHI NG FOR YOU.
7 AND MI CHAEL BELI EVED THAT THI S WAS THE SAME
8 AS SLEEP, WHI CH I T WASN' T. AND YOU' RE GOI NG TO HEAR
9 ABOUT DR. MURRAY' S ROLE, AND WHAT HE TOLD HI M ABOUT
10 THAT. AND MI CHAEL HAD, OVER THE YEARS, WHEN HE HAD
11 PROCEDURES, FELT GOOD WI TH THI S PROPOFOL; AND HE HAD
12 ASKED SEVERAL PHYSI CI ANS TO GI VE HI M PROPOFOL AT HOME.
13 BUT NOBODY WOULD GI VE I T TO HI M UNTI L
14 DR. MURRAY CAME ON THE SCENE. AND THE REASON WHY - -
15 AND THERE WI LL BE NO DI SPUTE ABOUT THAT - - I S THAT I T' S
16 NOT SOMETHI NG THAT YOU GI VE AT HOME. YOU HAVE TO HAVE
17 A FULL MEDI CAL SETUP, A CRASH CART AND ALL THE THI NGS
18 THAT ARE NECESSARY I F SOMETHI NG GOES WRONG.
19 NOW, MI CHAEL HAD PAI N, THI S CYCLE, HE HAD
20 TAKEN DEMEROL, HE GETS I NSOMNI A, THE DEMEROL CAUSES
21 I NSOMNI A, HE TOOK THE PROPOFOL, AND THAT' S THE CYCLE.
22 WHAT YOU' RE GOI NG TO HEAR ABOUT I N THI S CASE I S THAT
23 OVER THE YEARS, MI CHAEL' S FAMI LY AND PEOPLE WHO KNEW
24 HI M BELI EVED THAT HE HAD A PROBLEM WI TH PRESCRI PTI ON
25 MEDI CATI ON.
26 AND YOU' RE GOI NG TO HEAR ALL ABOUT THAT I N
27 THI S CASE. AND THE ONLY ONE I N THI S WHOLE CASE THAT' S
28 GOI NG TO SAY THEY NEVER HEARD ANYTHI NG ABOUT I T I S
866 299-5127
2074
1 A. E. G. AND THEI R LAWYERS. YOU' RE GOI NG TO HEAR THAT
2 THERE WERE ARTI CLES I N THE NEWSPAPER, EVERYBODY - - WE
3 TALKED ABOUT I T I N J URY SELECTI ON.
4 THERE WAS THI S BELI EF OR SUSPI CI ON THAT HE
5 HAD SOME I SSUE. AND HI S FAMI LY WOULD APPROACH HI M, AND
6 HI S MOTHER AND OTHERS, AND HE WOULD, OF COURSE, AS MOST
7 PEOPLE THAT ARE DEPENDENT, DENY I T. BUT THERE WERE
8 SI GNS; AND HE WAS A 50- YEAR- OLD AT THE TI ME OF HI S
9 DEATH, AND HE WAS A MAN, AND HE DI DN' T WANT TO SUCCUMB.
10 HE DI D NOT WANT TO ADMI T TO THI S PROBLEM.
11 HE HAD TRI ED REHABI LI TATI ON SEVERAL TI MES. YOU' LL HEAR
12 ALL ABOUT THAT. HE HAD TRI ED ONCE AGAI N WHEN HI S LAST
13 SON, BLANKET, WAS BORN. BUT I T DI DN' T WORK BECAUSE
14 THI S I S A STRONG ADDI CTI ON, DEMEROL AND PRESCRI PTI ON
15 DRUGS.
16 AND THE ONE THAT HAD THE CHANCE TO PREVENT
17 I T, A. E. G. , ENABLED I T. AND YOU' LL HEAR THE EVI DENCE
18 ABOUT THAT. NOW, MI CHAEL PAI D THE ULTI MATE PRI CE. HE
19 DI ED. WE ALL KNOWTHAT. SO MI CHAEL HAS TAKEN
20 RESPONSI BI LI TY. AND WHAT' S THE NEXT PI ECE TO THE
21 PUZZLE?
22 DR. CONRAD MURRAY. DR. CONRAD MURRAY HAD A
23 PROBLEM, TOO. DR. CONRAD MURRAY WAS I N SEVERE
24 FI NANCI AL STRAI TS. HI S HOUSE WAS GOI NG TO BE
25 FORECLOSED ON I N LAS VEGAS, HE OWED HUNDREDS OF
26 THOUSANDS OF DOLLARS I N DEBTS, HE OWED BACK CHI LD
27 SUPPORT.
28 AND HE RAN A CLI NI C, AN ALLEGED CLI NI C, I N
866 299-5127
2075
1 LAS VEGAS; AND DR. CONRAD MURRAY' S PROBLEM WAS HE WAS
2 I N DI RE FI NANCI AL STRAI TS. SO WHEN MI CHAEL LI VED I N
3 LAS VEGAS I N 2006 WI TH HI S THREE CHI LDREN, ONE OF HI S
4 SECURI TY MEMBERS, WHEN HI S CHI LDREN GOT SI CK, SUGGESTED
5 THAT THEY CONTACT DR. MURRAY.
6 DR. MURRAY HAPPENED TO BE A BI G FAN OF
7 MI CHAEL' S. DR. MURRAY CAME TO THE HOUSE. HE WAS
8 ECSTATI C; AND HE TREATED BLANKET, PARI S AND PRI NCE
9 MI CHAEL - - AND THOSE ARE THEI R RECORDS - - FOR COUGHS,
10 COLDS AND OTHER AI LMENTS BEGI NNI NG I N J ANUARY OF 2006.
11 MI CHAEL NEVER HEARD OF DR. MURRAY UNTI L
12 2006 WHEN HE WAS I NTRODUCED BY ONE OF HI S SECURI TY
13 PERSONNEL. AND OVER THE YEARS FROM 2006 TO 2008,
14 MI CHAEL WAS TREATED SEVEN TI MES - - A TOTAL OF SEVEN
15 TI MES BY DR. MURRAY.
16 AND A. E. G. I S GOI NG TO COME I N HERE AND
17 TELL YOU, AND THEI R WI TNESSES, THAT THI S WAS MI CHAEL' S
18 LONGTI ME PERSONAL PHYSI CI AN, AND THI S WAS HI S PERSONAL
19 PHYSI CI AN. LOOK AT WHAT HE TREATED HI M FOR OVER THE
20 YEARS. A RESPI RATORY I NFECTI ON, A COUGH, A COUGH, A
21 FUNGUS ON HI S NAI L, A RESPI RATORY I NFECTI ON, AND THE
22 LAST TWO VI SI TS WERE FOR I NSOMNI A.
23 AND THE LAST VI SI T WAS I N NOVEMBER OF 2008.
24 THAT' S THE LAST TI ME THAT MI CHAEL HAD SEEN DR. MURRAY
25 I N LAS VEGAS. NOW, MI CHAEL DI D HAVE OTHER PHYSI CI ANS,
26 MANY OF THEM; AND YOU' RE GOI NG TO HEAR ALL ABOUT THE
27 DEFENSE COME I N AND SAY HE WAS SHOPPI NG AROUND FOR
28 DOCTORS AND HE HAD ALL THESE DOCTORS.
866 299-5127
2076
1 AND WHEN YOU HEAR THAT, THI NK TO YOURSELF,
2 " WHAT DOES THAT HAVE TO DO WI TH WHAT HAPPENED?" AND HE
3 HAD DOCTORS I N LOS ANGELES. HE HAD TWO MAI N ONES,
4 DR. ALLAN METZGER, WHO I TOLD YOU WAS WI TH HI M FOR
5 MANY, MANY YEARS, AND DR. ARNOLD KLEI N, WHO WAS A
6 DERMATOLOGI ST.
7 REMEMBER, MI CHAEL HAD PROBLEMS WI TH THE
8 WHI TENI NG OF HI S SKI N AND DERMATOLOGI CAL PROBLEMS THAT
9 HE SAWDR. KLEI N FOR. DR. KLEI N PROVI DED MEDI CATI ONS
10 AND SHOTS WI TH DEMEROL TO MI CHAEL. AND HE ALSO HAD A
11 DR. VAN VALI N UP I N THE SANTA BARBARA AREA WHERE HE
12 LI VED WHEN HE LI VED AT THE NEVERLAND RANCH.
13 AND YOU' LL HEAR SOME TESTI MONY ABOUT THAT.
14 SO THOSE WERE THE THREE LONGTI ME PHYSI CI ANS THAT HE
15 HAD. NOT DR. MURRAY, WHO HE DI DN' T MEET UNTI L HE
16 TREATED HI S CHI LDREN I N 2006. AND I WOULD LI KE TO SEE
17 WHAT EVI DENCE THERE I S OF DR. MURRAY PROVI DI NG ANY
18 TREATMENT FOR MR. J ACKSON PRI OR TO 2006.
19 AND DR. MURRAY WAS A BI G FAN OF MI CHAEL.
20 MI CHAEL WROTE THI S C. D. TO HI M, SAYI NG " YOU' RE THE
21 BEST, " AND HE GAVE I T TO HI M. AND DR. MURRAY WAS
22 ENAMORED OF MI CHAEL, WHI CH I S NOT A GOOD THI NG I F YOU
23 HAVE SOMEONE THAT HAS A DEPENDENCY PROBLEM, TO PUT
24 SOMEONE I N THERE THAT' S ENAMORED WI TH THE PERSON.
25 SO MI CHAEL SUGGESTED TO A. E. G. , THERE WI LL
26 BE NO DI SPUTE, DR. MURRAY. " HI RE DR. MURRAY, PLEASE.
27 HI RE DR. MURRAY. " DR. MURRAY CALLS AND SPEAKS WI TH
28 A. E. G. YOU' RE GOI NG TO HEAR FROM MR. GONGAWARE HE
866 299-5127
2077
1 SAYS, " I WANT $5 MI LLI ON. "
2 THEY SAI D, WELL, THAT' S A LI TTLE STEEP.
3 THEY AGREED TO 150, 000 A MONTH. AND THEN DR. MURRAY
4 EVENTUALLY STARTED THI S PROPOFOL REGI ME AT A HOME I N
5 BEVERLY HI LLS RENTED FOR MI CHAEL BY A. E. G. DURI NG THE
6 REHEARSAL PERI OD LEADI NG UP TO THE TOUR AND HI S DEATH.
7 AND WE' RE GOI NG TO PROVE ALL OF THI S I N THE CASE.
8 AND WHAT I WANT TO SAY TO YOU RI GHT NOWI S,
9 AT THE END OF THI S CASE, WHEN I GET UP HERE AND I ARGUE
10 TO YOU ABOUT WHAT HAPPENED, I WANT YOU TO HOLD ME TO
11 WHAT I SAI D I ' M GOI NG TO PROVE, AND I WANT YOU TO HOLD
12 THEM TO WHAT THEY SAY THE EVI DENCE I S GOI NG TO PROVE.
13 NOW, THE EVI DENCE WI LL SHOWI N APRI L THAT
14 DR. MURRAY BOUGHT SOME PROPOFOL, AND HE BEGAN TO
15 STOCKPI LE I T I N HOPES THAT HE WAS GOI NG TO BE ABLE TO
16 ENGAGE MI CHAEL I N THI S REGI ME. AND THEN THE EVI DENCE
17 WI LL SHOWTHAT DR. MURRAY WAS HI RED BY A. E. G. , AND THEY
18 ENTERED I NTO AN ORAL CONTRACT.
19 AND YOU' RE GOI NG TO HEAR EVI DENCE THAT
20 THERE' S ALL KI NDS OF CONTRACTS; ORAL, WRI TTEN, BASED ON
21 PERFORMANCE, AND SUCH. BUT ALL THE EVI DENCE WI LL SHOW
22 THAT ANY I S SUFFI CI ENT TO SHOWSOMEONE HI RED SOMEONE.
23 AND A. E. G. HAS TAKEN THE POSI TI ON FROM DAY 1 THAT THEY
24 NEVER HI RED DR. MURRAY.
25 AND THAT' S THE POSI TI ON THEY' LL CONTI NUE TO
26 TAKE, AND WE BELI EVE THE EVI DENCE WI LL SHOWTHAT
27 DR. MURRAY HAD AN ORAL AGREEMENT WI TH A. E. G. THAT THEY
28 HAD DECI DED TO HI RE HI M WHETHER MI CHAEL SUGGESTED I T OR
866 299-5127
2078
1 NOT, AND HE BEGAN TO TREAT MI CHAEL UNDER AN AGREEMENT
2 THAT HE REACHED WI TH A. E. G.
3 NOW, AGAI N I N MAY, HE BOUGHT SOME MORE
4 PROPOFOL. BELI EVE I T OR NOT, I T' S NOT THAT EXPENSI VE.
5 HE BOUGHT I T I N LAS VEGAS, HAD I T SHI PPED TO HI M AT HI S
6 OFFI CE AND SOME HERE I N SANTA MONI CA. AND YOU' LL HEAR
7 ALL ABOUT THAT AND ALL ABOUT THE PEOPLE DR. MURRAY WAS
8 HANGI NG OUT WI TH.
9 NOW, THI S I S A PHOTOGRAPH TAKEN BY THE
10 POLI CE DEPARTMENT OF THE PROPOFOL. THI S I S WHAT I T
11 LOOKS LI KE. I T WAS GI VEN ALMOST DAI LY FOR SI X WEEKS
12 BETWEEN MAY AND J UNE AT THE TI ME OF MI CHAEL' S DEATH,
13 WHAT HE THOUGHT WOULD HELP HI M SLEEP. REALLY, I N
14 REALI TY, NOBODY SLEEPS WI TH PROPOFOL.
15 I F YOU HAD A COLONSCOPY, YOU MAY HAVE HAD
16 I T; I F YOU HAD A KNEE SURGERY, A SHOULDER SURGERY, YOU
17 MAY HAVE HAD I T, BUT YOU DON' T SLEEP. AND I T' S
18 UNDI SPUTED I N THI S CASE I T' S NOT PROPER TO DO WHAT
19 DR. MURRAY DI D. DR. MURRAY WAS CONVI CTED AND SENTENCED
20 TO FOUR YEARS I N PRI SON, AND DR. MURRAY HAS BEEN HELD
21 RESPONSI BLE FOR WHAT HE DI D.
22 BUT THE STORY DOESN' T STOP THERE. I ' VE
23 TOLD YOU ABOUT MI CHAEL, I ' VE TOLD YOU ABOUT DR. MURRAY.
24 LET' S TALK ABOUT A. E. G. AND THEI R ROLE I N THE DEATH OF
25 MI CHAEL J ACKSON. ONCE MI CHAEL DI ED ON J UNE 25TH,
26 POLI CE CAME TO THE HOUSE, BI G I NVESTI GATI ON ENSUED.
27 YOU' LL HEAR HOWMI CHAEL WAS TAKEN TO U. C. L. A.
28 YOU' LL HEAR WHAT HE LOOKED LI KE WHEN HE GOT
866 299-5127
2079
1 THERE. BUT THEN YOU' RE GOI NG TO HEAR THAT THE L. A.
2 POLI CE DEPARTMENT GOT I NVOLVED, AND THEY WENT OUT TO
3 THE SCENE TO I NVESTI GATE.
4 AND YOU' RE GOI NG TO HEAR FROM THE
5 LOS ANGELES POLI CE DEPARTMENT THAT THI S BMWBEI NG
6 DRI VEN BY DR. MURRAY, I N DI RE FI NANCI AL STRAI TS, WAS
7 I MPOUNDED. AND WHAT THEY WOULD DO I S - - I F YOU' VE EVER
8 HAD YOUR CAR I MPOUNDED FOR PARKI NG I N THE WRONG PLACE,
9 THEY TOWI T TO A POLI CE YARD.
10 AND WHEN I T GETS TO THE POLI CE YARD, I T
11 SI TS THERE UNTI L THE POLI CE GET A SEARCH WARRANT. AND
12 THEY GET A SEARCH WARRANT I SSUED BY A J UDGE, AND THEY
13 GO TO DR. MURRAY' S CAR, AND THEY GO AND THEY SAY,
14 " OKAY. LET' S SEE WHAT EVI DENCE WE CAN FI ND I N
15 DR. MURRAY' S CAR. "
16 AND, REMEMBER, THE POLI CE DON' T KNOW
17 ANYTHI NG ABOUT A. E. G. AT THI S TI ME. THEY' RE J UST
18 I NVESTI GATI NG THE DEATH OF MI CHAEL J ACKSON, DR. MURRAY
19 HAPPENED TO BE THERE. DR. MURRAY WAS AT THE HOSPI TAL,
20 SO THEY' RE GOI NG TO START THEI R I NVESTI GATI ON. SO WHAT
21 HAPPENS? WHAT DO THEY FI ND I N DR. MURRAY' S CAR?
22 THEY FI ND THREE THI NGS. THI S I S THE
23 L. A. P. D. EVI DENCE SLI P. THEY FI ND A BUSI NESS CARD, AN
24 ENVELOPE AND A CONTRACT. THOSE THREE THI NGS. A
25 BUSI NESS CARD, AN ENVELOPE AND A CONTRACT I N
26 DR. CONRAD MURRAY' S CAR. NOW, LET' S TAKE A CLOSER
27 LOOK.
28 THE CONTRACT WAS A CONTRACT BETWEEN A. E. G.
866 299-5127
2080
1 AND DR. MURRAY. I N DR. MURRAY' S CAR - - AND YOU WI LL
2 SEE SI GNED BY DR. MURRAY. YOU WI LL ALSO SEE WHAT THEY
3 FOUND WAS A CARD, A. E. G. LI VE. WE' VE ALL HEARD ABOUT
4 THAT. A. E. G. LI VE. AND GUESS WHOSE CARD I T WAS THAT
5 WAS I N DR. MURRAY' S CAR? BRANDON RANDY PHI LLI PS.
6 AND WHO I S BRANDON RANDY PHI LLI PS? HE I S
7 THE C. E. O. , CHI EF EXECUTI VE OFFI CER, OF A. E. G. LI VE.
8 AND WHAT WAS HI S I NVOLVEMENT I N THE " THI S I S I T"
9 CONCERT? HE WAS THE PRODUCER AND THE CONCERT PROMOTER.
10 SO DR. MURRAY, THE DOCTOR THAT THEY SAY
11 THAT MI CHAEL RECOMMENDED, AND THEY DI D EVERYTHI NG FOR
12 MI CHAEL, AND THEY HAD NOTHI NG TO DO WI TH HI M, HAD THREE
13 THI NGS I N HI S CAR. A WRI TTEN CONTRACT DRAFTED BY
14 A. E. G. ' S LAWYERS, REVI EWED BY A. E. G. ' S GENERAL COUNSEL,
15 MR. TRELL SI TTI NG RI GHT HERE, WHO WE' RE TOLD I S THE
16 CLI ENT I N THI S CASE BY MR. PUTNAM, AND A CARD OF THE
17 C. E. O. OF THE COMPANY.
18 THAT' S I T. THAT' S WHAT HE HAD I N HI S CAR.
19 SO NOWLET' S TALK ABOUT THE THI RD PI ECE OF THE PUZZLE,
20 AND HOWTHEY ALL FI T TOGETHER. A. E. G. LI VE - - REMEMBER
21 I TOLD YOU THE EVI DENCE WI LL SHOW, AND WE' LL PROVE I T
22 THROUGH THEI R OWN WI TNESSES, THAT THEY HAVE A
23 RESPONSI BI LI TY TO USE REASONABLE CARE WHI LE HI RI NG,
24 SUPERVI SI NG AND RETAI NI NG I NDEPENDENT CONTRACTORS LI KE
25 DR. MURRAY, AND THEY MUST BE FI T AND COMPETENT TO DO
26 THE J OB THAT THEY' RE SUPPOSED TO DO. OKAY?
27 SO WHAT DO WE KNOWABOUT THAT? FI RST OF
28 ALL, WE KNOWTHAT A. E. G. HAD A PROBLEM. MI CHAEL HAD A
866 299-5127
2081
1 PROBLEM, DR. MURRAY HAD A PROBLEM, A. E. G. HAD A
2 PROBLEM. DO YOU KNOWWHAT A. E. G. ' S PROBLEM WAS? THEY
3 WERE NOT NUMBER 1 I N THE CONCERT BUSI NESS, BUT THEY
4 WANTED TO BE.
5 AND WHO WAS NUMBER 1? LI VENATI ON. AND I F
6 YOU THI NK OF I T AS A RACE, A. E. G. , OF COURSE, BEI NG
7 COMPETI TI VE I N THE RUTHLESS BUSI NESS OF CONCERT
8 PROMOTI ON - - AND YOU' LL SEE THESE I NDI VI DUALS THAT WERE
9 I NVOLVED, AND YOU' LL SEE HOWTHEY TALK, AND THERE WI LL
10 BE NO QUESTI ON I N YOUR MI ND THAT THEY WERE RUTHLESS.
11 AND A. E. G. , THEY WANTED TO CATCH UP AND THEY WANTED TO
12 BE NUMBER 1.
13 AND THAT WAS THEI R PROBLEM, BECAUSE THEY
14 WANTED TO BE NUMBER 1 AT ALL COSTS. BUT A. E. G. HAD A
15 PLAN. AND HERE' S MR. MURRAY, HERE' S - - LI VENATI ON WAS
16 NUMBER 1, AND THI S I S WHAT MR. PHI LLI PS - - REMEMBER THE
17 GUY WHOSE CARD WAS I N MI CHAEL' S ( SI C) CAR? WHAT DOES
18 MR. PHI LLI PS SAY?
19 " WE ARE UNDER ASSAULT BY AN 800- POUND
20 GORI LLA CALLED LI VENATI ON PLANNI NG TO MERGE WI TH
21 TI CKETMASTER. I T' S NOT GOOD, BUT WE' RE THERE DOI NG
22 BETTER. " MR. PHI LLI PS ADMI TS I T. THI S I S AN 800- POUND
23 GORI LLA THEY' RE TRYI NG TO OVERTAKE, AND YOU DON' T DO
24 THAT WI TH WHI TE GLOVES.
25 YOU DO WHAT YOU GOTTA DO I F YOU WANT TO BE
26 NUMBER 1 I N THI S ROUGH BUSI NESS OF CONCERT PROMOTI ONS.
27 AND THAT' S WHAT THEY DI D. AND THEY CREATED A PLAN,
28 " HOWARE WE GOI NG TO OVERTAKE LI VENATI ON? WHAT CAN WE
866 299-5127
2082
1 DO TO REALLY HI T I T BI G, HI T A HOME RUN?" WELL, WHO I S
2 THE GREATEST ENTERTAI NER EVER I N THE WORLD?
3 WHO HAS SOLD THE MOST? WELL, THE PLAN
4 WAS - - AND THI S I S MR. PHI LLI PS - - THAT " WE' RE GOI NG TO
5 GET THE BI GGEST ARTI ST I N THE WORLD I N THE BI GGEST
6 ARENA I N THE BEST CI TY. " NOW, THE BEST CI TY, THEY
7 CLAI M, I S LONDON. WE WOULD DI SPUTE THAT.
8 THEY ALSO CLAI M THAT THE BEST ARENA WAS THE
9 02 ARENA. AND GUESS WHO OWNS THE 02 ARENA. A. E. G.
10 AND WHO I S MR. PHI LLI PS? THE C. E. O. OF A. E. G. SO
11 A. E. G. , THEY' RE GOI NG TO CATCH UP, BECAUSE THEY' RE
12 GOI NG TO GET THE BI GGEST ARTI ST I N THE WORLD I N THEI R
13 BEST ARENA I N LONDON, AND THAT WAS THEI R PLAN.
14 THE PROBLEM WI TH THE PLAN I S THERE WERE NO
15 RULES. I T DI DN' T MATTER TO THEM WHAT I T TOOK, THEY
16 WERE GOI NG TO GET I T DONE. AND YOU WI LL LEARN THAT
17 THAT WAS NOT APPROPRI ATE UNDER THE CI RCUMSTANCES, NO
18 MATTER WHAT THE PROBLEMS MI CHAEL J ACKSON HAD, NO MATTER
19 WHAT PROBLEMS CONRAD MURRAY HAD.
20 A. E. G. HAD A PROBLEM, AND THEY WANTED TO
21 FI X I T, AND THEY DI DN' T CARE WHO GOT LOST I N THE WASH.
22 AND WE KNOW, THEY HAVE SAI D I T, AND YOU' LL SEE, THAT
23 GUI NNESS BOOK OF WORLD RECORDS - - I KNOWI T' S KI ND OF
24 HOKEY, BUT I T DOES GI VE FACTUAL FI NDI NGS.
25 AND I T SAI D THAT MI CHAEL J ACKSON WAS THE
26 MOST SUCCESSFUL ENTERTAI NER OF ALL TI ME. NOT
27 ELVI S PRESLEY, NOT ANYONE. MI CHAEL. AND HE WAS KNOWN
28 THROUGHOUT THE WORLD AS M. J . AND EVERYBODY KNOWS THAT.
866 299-5127
2083
1 SOME PEOPLE MI GHT SAY MI CHAEL J ORDAN, BUT M. J . - - WHEN
2 YOU LOOK UP M. J . , I T WAS MI CHAEL J ACKSON.
3 ALTHOUGH MI CHAEL J ORDAN WAS A PRETTY GOOD
4 BASKETBALL PLAYER, BUT M. J . I S MI CHAEL J ACKSON. THI S
5 I S SOME OF THE GUI NNESS BOOK OF WORLD RECORDS THAT HE
6 HELD: MOST SUCCESSFUL CONCERT SERI ES EVER; BI GGEST
7 SELLI NG ALBUM OF ALL TI ME, THRI LLER; MOST GRAMMI ES I N
8 ONE YEAR, EI GHT; LARGEST CONTRACT WI TH SONY; GREATEST
9 AUDI ENCE, THE SUPER BOWL.
10 AND REMEMBER - - THE SUPER BOWL NOW,
11 EVERYBODY WANTS TO COME AND WATCH THE HALFTI ME SHOWAND
12 THE VI EWI NG WASN' T AS GOOD? MI CHAEL DI D THE SHOWAT
13 THE HALF TI ME THAT MADE I T BI G, AND NOWI T' S A BI G
14 DEAL. AND THE BI GGEST AUDI ENCE EVER WATCHED THE SHOW
15 WHEN HE PLAYED.
16 HE HAD THE HI GHEST PAI D COMMERCI AL
17 SPOKESMAN, FOR PEPSI ; THE LARGEST AMOUNT OF MONEY MADE
18 ON A TOUR I N THE " BAD" TOUR. SO THI S I S WHO THEY WERE
19 GOI NG AFTER, MI CHAEL. AND THI S I S - -
20
22
23 MR. PANI SH: OKAY. THERE' S NOTHI NG WRONG WI TH
24 THAT, TO TRY TO GET THE BEST ARTI ST TO HELP YOUR
25 COMPANY. WE' RE NOT COMPLAI NI NG ABOUT THAT. I T' S WHAT
26 YOU DO ONCE THAT STARTS THAT WE' RE COMPLAI NI NG ABOUT.
27 AND WHAT DI D THEY DO?
28 FI RST OF ALL, WHEN THEY GOT MI CHAEL, THEY
866 299-5127
2084
1 SENT OUT A PRESS RELEASE, AND THEY SAI D - - THI S I S
2 A. E. G. LI VE. " ONE OF THE WORLD' S MOST POPULAR
3 ENTERTAI NERS, MI CHAEL J ACKSON, SOLD 750 ( SI C) UNI TS
4 WORLDWI DE, ONE OF THE VERY FEWARTI STS TO BE I NDUCTED
5 TWI CE I N THE ROCK AND ROLL HALL OF FAME, GUI NNESS BOOK
6 OF WORLD RECORDS - - " THEY' RE OUT THERE SHOWI NG, " HEY,
7 WE' VE GOT MI CHAEL J ACKSON. WE' RE MAKI NG A MOVE. "
8 AND I N J ANUARY OF 2009 - - THESE ARE
9 I NTERNAL E- MAI LS. BY THE WAY, YOU' LL SEE A LOT OF
10 E- MAI LS I N THI S CASE THAT WE WERE ABLE TO OBTAI N. THI S
11 I S COMMUNI CATI ON BETWEEN THE EXECUTI VES OF A. E. G.
12 BEFORE MI CHAEL DI ED, BEFORE THERE' S ANY LAWSUI T, BEFORE
13 ANY LAWYERS ARE I NVOLVED.
14 AND THEN YOU' RE GOI NG TO SEE, WHEN THE
15 LAWYERS GET I NVOLVED, EVERYTHI NG CHANGES. BUT THEY
16 CAN' T ESCAPE THE WRI TTEN WORD. AND THI S I S
17 MR. PHI LLI PS, THE HEAD OF A. E. G. , WRI TI NG TO
18 MR. GONGAWARE, THE HEAD OF CONCERTS WEST - - YOU' LL HEAR
19 ABOUT HI M - - AND MR. LEI WEKE, WHO WAS THE CO- C. E. O. ,
20 MEGLEN, AND LEI WEKE WAS THE C. E. O. OF THE BI G A. E. G.
21 NOWHI S EMPLOYMENT HAS STOPPED, HE' S GONE TO ANOTHER
22 PLACE. WE' LL GET I NTO THAT LATER.
23 BUT THEY' RE SAYI NG " 2009 I S THE YEAR TO
24 MAKE MONEY, SO M. J . WOULD DEFI NI TELY TRUMP A LOSS
25 LEADER. " THEY' RE REFERRI NG TO ANOTHER EVENT. I ' M NOT
26 GOI NG TO TALK ABOUT THAT RI GHT NOW. AND ON J ANUARY
27 26TH, 2009, A CONTRACT I S ENTERED I NTO BETWEEN MI CHAEL
28 AND A. E. G. LI VE.
866 299-5127
2085
1 AND PART OF THE TERMS OF THE CONTRACT WERE
2 THAT A. E. G. WAS GOI NG TO PAY OFF DEBTS THAT MI CHAEL
3 HAD. AND THEY WERE GOI NG TO PAY THI S BUSI NESS LAWSUI T;
4 THEY WERE GOI NG TO GI VE HI M A $2 MI LLI ON ADVANCE,
5 $200, 000 I N CASH; THEY WERE GOI NG TO PAY THE PRODUCTI ON
6 COSTS; THEY WERE GOI NG TO PAY A PAYROLL; THEY WERE
7 GOI NG TO HELP HI M GET A HOME I N LAS VEGAS; THEY WERE
8 GOI NG TO PUT A MI LLI ON I NTO MOVI E DEALS, BECAUSE THEY
9 HAVE A MOVI E COMPANY THEY' RE AFFI LI ATED WI TH; AND THEY
10 WERE GOI NG TO GET 10 PERCENT OF THE PROFI TS, MI CHAEL
11 WAS GOI NG TO GET 90 PERCENT.
12 SO THEY ADVANCED THE MONEY; I F THERE' S
13 MONEY AT THE END, THEY GET 10 PERCENT OF THE NET. BUT
14 THERE WAS NO RI SK FOR A. E. G. TO GET THEI R MONEY BACK
15 BECAUSE ALL THE ADVANCES WERE SECURED BY MI CHAEL' S
16 ASSETS, AND MI CHAEL HAD A CATALOG THAT WAS WORTH A LOT,
17 AND ALL HI S HOLDI NGS.
18 SO I F FOR SOME REASON MI CHAEL DOESN' T
19 PERFORM, A. E. G. GETS ALL THEI R MONEY BACK. BUT ALL
20 THEI R MONEY BACK I S J UST WHAT THEY LAI D OUT, NOT THE
21 TENS AND HUNDREDS OF MI LLI ONS THAT THEY WANTED TO MAKE.
22 THEY DON' T WANT TO J UST GET THEI R MONEY BACK, THEY WANT
23 TO MAKE A LOT OF MONEY.
24 AND YOU' RE GOI NG TO HEAR ALL ABOUT THAT,
25 AND YOU' RE GOI NG TO HEAR A. E. G. SAY MI CHAEL WAS I N
26 SERI OUS DEBT, AND THEY' RE GOI NG TO PUT THESE CHARTS UP,
27 HE OWED 300 MI LLI ON, 400 MI LLI ON. AND HE HAD DEBTS,
28 BUT HE ALSO HAD ASSETS FAR I N EXCESS OF THAT, AND HE
866 299-5127
2086
1 WAS I N THE PROCESS OF GETTI NG EVERYTHI NG WORKED OUT
2 WHEN A. E. G. DI D WHAT THEY DI D.
3 AND YOU' LL HEAR ABOUT THAT. NOW, THI S I S
4 RANDY PHI LLI PS I N THE NEWSPAPER AFTER MI CHAEL SI GNS.
5 LOOK WHAT HE SAYS. THE FI RST THI NG HE SAYS - - THI S I S
6 RANDY PHI LLI PS, THE HEAD GUY, WHOSE CARD I S I N
7 DR. MURRAY' S CAR, SAYS " HE' S 50, BUT HE' S GOI NG TO
8 DANCE HI S ASS OFF. "
9 OKAY? THEN HE GOES ON TO SAY " WE FI NALLY
10 MADE MOHAMMED COME TO THE MOUNTAI N OF 02 - - " THAT' S
11 THEI R ARENA I N LONDON " - - PHI LLI PS GRI NS. J ACKSON
12 REFUSED TWI CE; BUT SEVERAL MONTHS AGO, THE I DEA AROSE
13 AS THE SUPERSTAR WAS PUTTI NG TOGETHER A RESTRUCTURI NG
14 PLAN FOR HI S FI NANCES. "
15 SO I TOLD YOU MI CHAEL HAD SOME DEBTS; BUT
16 HE MET A GUY, A GENTLEMAN BY THE NAME OF TOM BARRACK,
17 WHO OWNS COLONY CAPI TAL. HE' S A BI LLI ONAI RE. HE LI VES
18 UP I N THE SANTA BARBARA AREA, AND HE BEFRI ENDED
19 MI CHAEL, AND HE SHOWED HI M HI S RECORDS. AND MR.
20 BARRACK SAYS, " THI S DEAL YOU GOT ON NEVERLAND I S
21 TERRI BLE. LET ME REDO THAT DEAL. LET ME DO THI S. "
22 HE STARTED FOLLOWI NG MR. BARRACK' S ADVI CE.
23 AND THEN HE TOLD HI M ABOUT A. E. G. , BECAUSE THEY WERE
24 TRYI NG TO GET HI M TO DO I T. AND MR. BARRACK CALLED
25 MR. ANSCHUTZ, AND MR. ANSCHUTZ - - A. E. G. LI VE I S
26 ANSCHUTZ ENTERTAI NMENT GROUP. MR. ANSCHUTZ I S A
27 MULTI BI LLI ONAI RE.
28 AND MR. ANSCHUTZ WAS I N AFRI CA, AND
866 299-5127
2087
1 MR. BARRACK CALLED HI M. AND MR. BARRACK CALLED THEN
2 ONE OF HI S PEOPLE, PHI LLI PS OR SUCH, TO GET HI M
3 I NVOLVED WI TH THI S A. E. G. SI TUATI ON. AND YOU' RE GOI NG
4 TO HEAR THAT MR. ANSCHUTZ AND MR. LEI WEKE BOTH TRAVELED
5 TO LAS VEGAS TO SEE MI CHAEL, AND THAT MI CHAEL WOULD NOT
6 SI GN ANY DEAL UNTI L HE MET MR. ANSCHUTZ.
7 AND MR. ANSCHUTZ RUNS EVERYTHI NG. HE WAS
8 I N CHARGE, AND HE KNEWEVERYTHI NG THAT WAS GOI NG ON.
9 AND WE' LL SEE WHAT MR. ANSCHUTZ COMES TO TELL US HERE
10 I N THI S CASE ABOUT WHAT WAS GOI NG ON. WE' RE ALSO - -
11 MR. PHI LLI PS SAI D, " NOWWE HAVE THE BI GGEST - - " EXCUSE
12 ME.
13 " NOWWE HAVE THE BI GGEST ARTI ST AND ARENA,
14 MI CHAEL, AT THE BEST ARENA I N THE BEST CI TY. " I TOLD
15 YOU THAT. " 750 ( SI C) TI CKETS HAVE SOLD I N FI VE HOURS. "
16 THAT' S NOT TRUE, BUT I ' LL EXPLAI N THAT TO YOU. HE HAD
17 THE LOOK OF A SATI SFI ED MAN WHO PULLED OFF - -
18 MR. BOYLE: 750, 000.
19 MR. PANI SH: ALL RI GHT.
20 AND THI S I S - - THI S I S THE MI ND SET OF
21 MR. PHI LLI PS. " I F MI KE, " MR. J ACKSON, " GETS TOO
22 NERVOUS TO GO ON, I ' LL THROWHI M OVER MY SHOULDER AND
23 CARRY HI M ON THE STAGE. HE' S LI GHT ENOUGH. "
24 SO NO MATTER WHAT, YOU CAN SEE BEFORE
25 ANYTHI NG STARTS THERE WAS NOTHI NG - - NOTHI NG GETTI NG I N
26 THE WAY OF MR. PHI LLI PS AND A. E. G. GOI NG TO THEI R
27 BI GGEST ARENA AND DOI NG THESE SHOWS. I F THEY COULD
28 HELP I T, THEY WERE GOI NG TO CARRY MI CHAEL OVER THEI R
866 299-5127
2088
1 SHOULDER TO DO I T.
2 THAT' S THE MI ND SET OF THESE CONCERT
3 PROMOTERS THAT YOU' RE GOI NG TO HEAR ABOUT. NOW, A. E. G.
4 LI VE, LET' S TALK A LI TTLE BI T ABOUT THEM. THESE ARE
5 THE TWO KEY EXECUTI VES, RANDY PHI LLI PS, C. E. O. AND
6 PRESI DENT, AND PAUL GONGAWARE. HE' S THE CO- C. E. O. OF
7 CONCERTS WEST, WHI CH I S A DI VI SI ON OF A. E. G.
8 HE REPORTS TO MR. PHI LLI PS, AND I T WAS THE
9 TOURI NG DI VI SI ON OF A. E. G. LI VE. YOU' RE GOI NG TO SEE
10 THESE I NDI VI DUALS, WHAT THEY' VE TESTI FI ED UNDER OATH
11 AND E- MAI LS THEY READ. AND I BELI EVE THE EVI DENCE WI LL
12 SHOWWHEN YOU SEE THAT, THAT YOU' LL BELI EVE THERE' S NO
13 DOUBT OF WHY THI S ALL HAPPENED.
14 WHATEVER THEY WANT TO SAY ABOUT MI CHAEL,
15 WHATEVER THEY WANT TO SAY ABOUT DR. MURRAY, THESE
16 PEOPLE WERE THE ONES BEHI ND I T ALL.
17 AND HERE' S J UST A LI ST OF SOME OF THE KEY
18 PLAYERS: MR. LEI WEKE, WHO I S NO LONGER THE C. E. O. ;
19 MR. MEGLEN, WHO YOU SAW, A CO- C. E. O. ; RI CK WEBKI NG, HE
20 WAS A FI NANCI AL GUY; MR. ORTEGA WAS THE DI RECTOR OF THE
21 SHOW; KAREN FAYE, LONGTI ME MAKEUP ARTI ST OF MI CHAEL;
22 TI MM WOOLLEY, A FI NANCI AL CONSULTANT; TRAVI S PAYNE, A
23 CHOREOGRAPHER; MR. HOUGDAHL, A PRODUCTI ON MANAGER;
24 MR. TRELL, WHO HAS BEEN SI TTI NG HERE I N THE TRI AL.
25 AND WE' LL HEAR ALL ABOUT WHAT MR. TRELL HAS
26 TO SAY AND WHAT HI S I NVOLVEMENT WAS AS THE GENERAL
27 COUNSEL FOR A. E. G. LI VE. NOW, AS THE PRODUCER, A. E. G.
28 LI VE - - THERE I S WHAT THE CONTRACT SAI D THEY' RE
866 299-5127
2089
1 SUPPOSED TO DO.
2 THEY SHALL PROVI DE PRODUCER SERVI CES I N
3 CONNECTI ON WI TH THE DESI GN AND PRODUCTI ON OF THE SHOW,
4 MANAGI NG THE PRODUCTI ON AND ENGAGI NG THE SERVI CES OF
5 THI RD- PARTY VENDORS. THAT' S WHAT THEY WERE SUPPOSED TO
6 DO. AND FOR THAT - - DI D THEY DO THAT FOR FREE? NO.
7 THEY WERE PAI D A SUBSTANTI AL FEE, 5 PERCENT
8 OF THE NET OF WHATEVER THE ARTI ST GOT ON TOP OF THEI R
9 10 PERCENT, WHAT THEY WERE PAI D. NOW, REMEMBER I
10 TALKED ABOUT THE SHOWMUST GO ON. MI CHAEL, HI S
11 OBLI GATI ONS WERE TO GO TO THE REHEARSALS AND PERFORM.
12 THAT' S WHAT HE HAD TO DO. AND A. E. G. HAD
13 TO HI RE, SUPERVI SE, FI RE PERSONNEL, I NDEPENDENT
14 CONTRACTORS, I NCLUDI NG THE PEOPLE THAT WERE DOI NG THE
15 LI GHTS, THE STAGI NG, THE TOUR DOCTOR, THE
16 CHOREOGRAPHER, THE LI GHTI NG PEOPLE, AND THEY HAD TO
17 ENSURE THAT EVERYONE DI D THEI R J OB, AND THEY PUT UP THE
18 MONEY.
19 AND I N EXCHANGE FOR THAT, THEY GOT A
20 PERCENTAGE OF THE PROFI T. BUT I N THEI R CASE, EVEN I F
21 THEY DI DN' T MAKE A PROFI T, THEY STI LL GOT THEI R MONEY
22 BACK FROM MR. J ACKSON, AND THAT WAS THE DEAL. SO WHAT
23 I S A. E. G. ALL ABOUT? THI S I S THEI R MI SSI ON STATEMENT.
24 THI S I S WHAT THEY SAY THEY DO. THEY CREATE
25 AND CONTROL THE CONTENT AND DRI VE THE ECONOMY OF THEI R
26 FACI LI TI ES, LI KE 02. THEY CREATE, CONTROL, MAXI MI ZE
27 ANY AND ALL REVENUE STREAMS, MONEY, ASSOCI ATED WI TH
28 THEI R FACI LI TI ES, CONTENTS AND REAL ESTATE.
866 299-5127
2090
1 AND THE REASON FOR THAT I S THAT THEY WANTED
2 THE ARTI ST TO FOCUS ON BEI NG ABLE TO PERFORM. THEY
3 DON' T WANT THE ARTI ST TO DEAL WI TH THE LI GHTS, THE
4 STAGI NG. THEY DEALT WI TH THAT. THEY GOT I NDEPENDENT
5 PEOPLE I N THERE. NOW, I F THE LI GHTS WEREN' T WORKI NG,
6 AND THERE' S AN I NDEPENDENT CONTRACTOR WORKI NG ON I T, DO
7 YOU THI NK THEY WOULD HAVE SAI D SOMETHI NG?
8 NOW, WHAT DI D A. E. G. KNOW. REMEMBER I TOLD
9 YOU THAT THEY HAVE AN OBLI GATI ON, REASONABLE CARE WHEN
10 HI RI NG, SUPERVI SI NG AND RETAI NI NG, ALL THREE OF THOSE.
11 NOW, THEY KNEWWHAT HAPPENS ON TOURS; AND THEY KNEW
12 THAT MI CHAEL, I N PAST TOURS, HAD RELI ED ON DOCTORS FOR
13 THESE OPI ATES AND SUCH TO GET HI M THROUGH THE PAI N TO
14 PERFORM.
15 AND YOU SAY, WELL, HOWDO YOU KNOWTHAT?
16 WELL, ONE WAY WE KNOWTHAT I S I N THI S CASE, WE' RE
17 ALLOWED TO TAKE DEPOSI TI ONS UNDER OATH OF WI TNESSES.
18 AND WI TNESSES, J UST LI KE THEY' RE ON THE STAND HERE,
19 TESTI FY UNDER OATH AS TO WHAT THEY KNOW. AND WHAT WE
20 DI D I S WE TOOK DEPOSI TI ONS.
21 AND I ' M GOI NG TO SHOWYOU WHAT SOME OF THEM
22 SAI D I N THI S CASE. LET' S TALK - - START WI TH
23 MR. GONGAWARE. MR. GONGAWARE WAS I N THE " DANGEROUS"
24 TOUR. THAT WAS ONE OF MI CHAEL' S TOURS, ' 92 TO ' 93.
25 AND THE TOUR MANAGER WAS MR. GONGAWARE, THE SAME MAN
26 THAT' S HERE.
27 AND KENNY ORTEGA WAS THE DI RECTOR, THE SAME
28 PERSON I NVOLVED HERE. AND THAT TOUR WAS FROM J UNE OF
866 299-5127
2091
1 ' 92 TO NOVEMBER OF ' 93. BUT MR. GONGAWARE LEARNED THAT
2 MI CHAEL WAS DEMEROL- DEPENDENT AT THAT TI ME; AND THE
3 TOUR DOCTOR, DR. STEWART FI NKELSTEI N, TOLD HI M THAT.
4 AND YOU' RE GOI NG TO SEE MR. GONGAWARE TRY
5 TO DODGE AROUND I T; BUT HI M AND MR. FI NKELSTEI N ARE
6 VERY GOOD FRI ENDS, AND YOU' RE GOI NG TO SEE HOW
7 DR. FI NKELSTEI N GOT I NVOLVED I N THI S CASE AND HI S
8 RELATI ONSHI P TO MR. GONGAWARE. AND HERE' S
9 DR. FI NKELSTEI N.
10 AND WHAT HE' S GOI NG TO TELL YOU I S THAT
11 MI CHAEL NEEDED I NTERVENTI ON AND DETOX I N NOVEMBER OF
12 ' 93 I N THE CONCERT - - WHEN THE CONCERT WAS GOI NG ON.
13 NOW, HOWDO WE KNOWTHAT?
14
16
17 MR. PANI SH: SO MR. GONGAWARE KNEWTHI S ALL THE
18 WAY BACK I N 1993 FROM HI S GOOD FRI END, DR. FI NKELSTEI N.
19 AND THEN WE KNOWTHAT THE TOUR ENDED A MONTH EARLY
20 BECAUSE OF THE PROBLEM THAT EXI STED WI TH THE
21 DEPENDENCY. AND THEN MR. GONGAWARE, HE KNEWI T, BUT HE
22 TRI ES TO DENY I T UNDER OATH.
23
25
26 MR. PANI SH: COMPLETELY CONTRARY TO HI S GOOD
27 FRI END, DR. FI NKELSTEI N, WHO TOLD US DURI NG THE TOUR HE
28 STI LL DOESN' T ADMI T THAT DR. FI NKELSTEI N TOLD HI M. AND
866 299-5127
2092
1 WHAT YOU' RE GOI NG TO HAVE TO DO, LADI ES AND GENTLEMEN,
2 I S YOU' RE THE SOLE J UDGES OF THE CREDI BI LI TY OF THE
3 WI TNESSES.
4 YOU HAVE TO ASSESS THE WI TNESS AND SEE WHO
5 I S WORTHY OF BELI EF, ARE THEY TELLI NG THE TRUTH, ARE
6 THEY SAYI NG ONE THI NG I N ONE PLACE AND ANOTHER THI NG AT
7 ANOTHER TI ME? I S ANOTHER WI TNESS SAYI NG SOMETHI NG
8 COMPLETELY DI FFERENT? THAT' S GOI NG TO BE ONE OF YOUR
9 I MPORTANT FUNCTI ONS I N THI S CASE.
10 AND I ADVI SE YOU TO ASSESS MR. GONGAWARE
11 AND MR. PHI LLI PS TO SEE WHETHER YOU THI NK THEY' RE
12 WORTHY OF BELI EF. OKAY. 1995, NEWYORK, MR. J ACKSON,
13 GETTI NG READY FOR AN H. B. O. SPECI AL, COLLAPSES.
14 MR. ORTEGA WAS THERE, KNEWALL ABOUT I T. THEN WE GO TO
15 THE " HI STORY" TOUR.
16 THERE WAS A DR. RATNER WHO WAS PROVI DI NG
17 MEDI CATI ON, PRESCRI PTI ON MEDI CATI ONS, TO MI CHAEL
18 THROUGHOUT THE TOUR. AND REMEMBER I TOLD YOU THI S WAS
19 KI ND OF A DEPENDENCY DRI VEN ON TOURI NG PROBLEMS, PAI N?
20 AND YOU CAN I MAGI NE WHEN YOU' RE DOI NG A TOUR, AND A
21 SHOW, I T' S LI KE PLAYI NG I N A GAME I F YOU' RE AN ATHLETE.
22 AND, YOU KNOW, ATHLETES, DEPENDI NG ON THE
23 SPORT - - BUT LI KE FOOTBALL I S PRETTY ROUGH, YOU DON' T
24 HAVE A GAME EVERY DAY. BASEBALL, YOU HAVE MORE GAMES.
25 BUT AFTER THE GAME, YOU HAVE SOME ACHES AND PAI NS. AND
26 SO THI S DOCTOR WAS HELPI NG HI M GET THROUGH THAT TO GO
27 DO THE NEXT SHOWAND THE NEXT SHOW.
28 AND REMEMBER, THE SHOWMUST GO ON. SO NOW
866 299-5127
2093
1 LET' S GO TO 2008. BECAUSE A. E. G. I S GOI NG TO TELL YOU
2 THAT THEY DI DN' T KNOWANYTHI NG ABOUT MI CHAEL. " WE HAD
3 NO WAY OF KNOWI NG WHAT WAS GOI NG ON. WE DI DN' T KNOW
4 DR. MURRAY WOULD DO ANYTHI NG. " OKAY? THI S I S I N 2008,
5 BEFORE MI CHAEL HAD SI GNED THE CONTRACT.
6 THERE' S MAI L THAT MR. PHI LLI PS WROTE. AND
7 MR. PHI LLI PS SAYS " THI S REPORTER DI D A LOT OF RESEARCH.
8 M. J . HAS A PROBLEM WI TH HI S LOWER BACK AND HE' S HAD
9 PROBLEMS WI TH ALCOHOL AND PAI NKI LLERS FOR YEARS. " WOW.
10 NO KI DDI NG. BUT MR. PHI LLI PS AND THEM ARE GOI NG TO
11 SAY, " WE DI DN' T KNOWANYTHI NG ABOUT THAT. "
12 OKAY? THI S I S BEFORE THE CONTRACT WAS
13 SI GNED. AND THEN ANOTHER E- MAI L FROM MR. PHI LLI PS,
14 DECEMBER 2008. NO ONE - - YOU' RE NOT GOI NG TO HEAR I T
15 FROM US, I DON' T KNOWWHAT YOU' RE GOI NG TO HEAR FROM
16 THEM, BUT I ONLY KNOWWHAT THEY' VE TESTI FI ED TO.
17 I T WAS WI DELY PUBLI CI ZED THAT HE HAD A
18 DEPENDENCE ON PAI NKI LLERS, PRI MARI LY I N THESE CONCERTS.
19 SO THI S I S WHAT A. E. G. KNEWGOI NG I NTO THE CONTRACT
20 WI TH MI CHAEL. SO LET' S SEE I F THEY DENY THAT. THEY' LL
21 PROBABLY SAY, " YEAH, WELL, THE E- MAI L SAYS I T, BUT WE
22 DI DN' T REALLY KNOWAND HE TELLS US HE' S FI NE. "
23 OKAY. WE' LL SEE. NOW, REMEMBER, THE
24 CONTRACT WAS SI GNED I N J ANUARY OF 2009. MI CHAEL DI ES
25 I N J UNE. SO WHAT - - WHAT OCCURRED - - WHAT WOULD TI P
26 A. E. G. OFF? BECAUSE, REMEMBER, THEY' VE GOT TO USE
27 REASONABLE CARE.
28 THEN THEY CAN SAY, " EVERYTHI NG I S FI NE,
866 299-5127
2094
1 MI CHAEL I S DOI NG GREAT, WE' RE GOI NG TO MEET THE
2 SCHEDULE, EVERYTHI NG I S GREAT, WE' RE GOI NG TO SELL OUT
3 EVERY SHOW, WE' RE GOI NG TO MAKE MULTI BI LLI ONS OF
4 DOLLARS, EVERYTHI NG I S HUNKY- DORY, " OR RI GHT FROM THE
5 BEGI NNI NG, DI D THEY LEARN THAT THERE WERE PROBLEMS?
6 WHAT WI LL THE EVI DENCE SHOWI N THI S CASE?
7 WELL, LET' S TAKE A LOOK. LET' S START WI TH FEBRUARY OF
8 2009. THEY WANT TO DO A PRESS CONFERENCE. THEY WANT
9 TO LET EVERYONE KNOW, " HEY, THI S I S A BI G DEAL. WE' RE
10 GOI NG WI TH MI CHAEL, WE' RE CATCHI NG UP WI TH LI VENATI ON. "
11 SO WHAT DOES MR. PHI LLI PS WRI TE?
12 HE SAYS - - THI S I S ABOUT PREPARI NG FOR THE
13 PRESS CONFERENCE AND GETTI NG ALL THE MEDI A MATERI ALS TO
14 HAND OUT AND PROMOTE THE SHOW. REMEMBER I TOLD YOU
15 ABOUT HOWTHEY TALK, AND I APOLOGI ZE.
16 " I WORRY LESS ABOUT A BULLSHI T LOGO THAT
17 HAS NO RELEVANCE TO THE CONSUMER AND A LOT MORE ABOUT
18 THE FACT THAT M. J . - - " WE KNOWWHO THAT I S " - - HAS NOT
19 SPOKEN TO DR. TOHME I N A WEEK, AND MAY NOT GET ON THE
20 PLANE MONDAY NI GHT, NOR HAS HE APPROVED THE MARKETI NG
21 COLLATERAL. WHERE THE FUCK I S YOUR HEAD ON THI S?"
22 THI S I S BEFORE ANYTHI NG HAS HAPPENED. THI S
23 I S MR. PHI LLI PS. AND THEN WHAT HAPPENS? HE CONTI NUES
24 TO WRI TE I N THAT SAME E- MAI L " I ' M MUCH MORE CONCERNED
25 THAT M. J . MAY TRY TO BREACH OUR AGREEMENT AND LEAVE US
26 WI TH A MESS ON OUR HANDS. "
27 NOW, NOTHI NG HAS EVEN HAPPENED, AND HE' S
28 ALREADY WORRI ED THERE' S GOI NG TO BE A PROBLEM. YET
866 299-5127
2095
1 THEY WANT TO TELL YOU THAT NOTHI NG - - EVERYTHI NG WAS
2 FI NE. AND THEN MR. GONGAWARE WRI TES BACK AND SAYS " WE
3 LET MI KEY - - " THAT I S A DEROGATORY TERM HE USED ABOUT
4 MR. J ACKSON.
5 " WE LET MI KEY KNOWJ UST WHAT THI S WI LL COST
6 HI M I N TERMS OF HI S MAKI NG MONEY, AND THEN WE GO WI TH
7 OR WI THOUT HI M I N LONDON, " MEANI NG TO THE PRESS
8 CONFERENCE. " WE CANNOT BE FORCED I NTO STOPPI NG THI S,
9 WHI CH M. J . WI LL DO BECAUSE HE' S LAZY AND CONSTANTLY
10 CHANGES HI S MI ND TO FI T HI S I MMEDI ATE WANTS. "
11 SO HERE ARE THE TWO GUYS THAT ARE I N CHARGE
12 OF EVERYTHI NG MAKI NG THESE STATEMENTS BEFORE ANYTHI NG
13 HAS HAPPENED. HE' S LAZY, YOU KNOW, ALL THI S STUFF,
14 I T' S NEVER GOI NG TO HAPPEN. THEN WHAT HAPPENS?
15 WELL, MR. GONGAWARE CONTI NUES TO WRI TE
16 " ONCE WE GO ON SALE, " MEANI NG THE TI CKETS, " WHI CH WE
17 HAVE THE RI GHT TO DO, HE I S LOCKED, " MI CHAEL. " HE HAS
18 NO CHOI CE. HE HAS TO DO I T. HE SI GNED A CONTRACT, AND
19 OUR ONLY CHOI CE I S TO KEEP MOVI NG AHEAD DOI NG J UST WHAT
20 WE ARE DOI NG NOW, TRYI NG EVERYTHI NG WE CAN TO GET I T
21 ALL TO GO. TO BACK OFF NOWWOULD BE A DI SASTER FOR US.
22 I ' VE SEEN THI S MOVI E BEFORE. J UST GOTTA KEEP MOVI NG
23 FORWARD. "
24 NOW, THERE' S SOME WARNI NG SI GNS. DOES
25 MR. GONGAWARE, MR. PHI LLI PS, GO CHECK OUT WHAT' S GOI NG
26 ON? DO THEY DO ANY I NVESTI GATI ON? DO THEY DO ANY
27 SUPERVI SI ON? " TO STOP NOWWOULD BE TO - - TO BACK OFF
28 NOWWOULD BE A DI SASTER FOR US, A. E. G. MR. J ACKSON,
866 299-5127
2096
1 WE' RE NOT WORRI ED ABOUT HI M, WE' RE WORRI ED ABOUT A. E. G.
2 GETTI NG TO NUMBER 1, MAKI NG THAT MONEY. " THAT' S THESE
3 GUYS WRI TI NG TO ONE ANOTHER. THI S I S WHAT THEY' RE ALL
4 ABOUT.
5 SO THEN MARCH 5TH, THERE' S A CONCERT - -
6 EXCUSE ME - - THERE' S A PRESS CONFERENCE, AND MI CHAEL
7 MAKES I T TO THE PRESS CONFERENCE, DESPI TE WHAT THEY
8 SAI D.
9 BUT WHAT HAPPENS AT THE PRESS CONFERENCE?
10 MR. PHI LLI PS, THE C. E. O. OF A. E. G. LI VE, WRI TES TO THE
11 C. E. O. OF A. E. G. - - REMEMBER, THI S I S - - THE HI GHEST
12 LEVELS OF THE COMPANY ARE I NVOLVED I N ALL OF THI S. THE
13 C. E. O. OF A. E. G. , THE PARENT. OKAY?
14 AND WHAT DOES HE SAY? " M. J . I S LOCKED I N
15 HI S ROOM DRUNK AND DESPONDENT. TOHME AND I ARE TRYI NG
16 TO SOBER HI M UP AND GET HI M TO THE PRESS CONFERENCE
17 WI TH HI S HAI RDRESSER/ MAKEUP ARTI ST. " MAYBE A LI TTLE
18 BI T OF A WARNI NG? MAYBE, J UST A LI TTLE.
19 MR. LEI WEKE, YOU' LL NOTE DOWN THERE, WRI TES
20 " ARE YOU KI DDI NG ME?" THI S I S THE C. E. O. OF ALL OF
21 A. E. G. HE' S I NVOLVED. AND THEN THEY SAY - - THI S I S
22 HOWMR. PHI LLI PS TELLS THE OTHER C. E. O. " I SCREAMED AT
23 HI M SO LOUD THE WALLS ARE SHAKI NG. " I T MUST HAVE BEEN
24 LOUD.
25 FI NI SHED DRESSI NG HI M, RUSHI NG TO THE 02,
26 " THI S I S THE SCARI EST THI NG I HAVE SEEN. HE I S AN
27 EMOTI ONALLY PARALYZED MESS RI DDLED WI TH SELF- LOATHI NG
28 AND DOUBT NOWTHAT I T I S SHOWTI ME. HE' S SCARED TO
866 299-5127
2097
1 DEATH. RI GHT NOW, I J UST WANT TO GET THROUGH THI S. "
2 FORGET HELPI NG MR. J ACKSON. THE SHOWMUST GO ON.
3
5
6 MR. PANI SH: I MEAN, THEY HAD THE RI GHT I DEA.
7 YOU COULD SEE THE RECEPTI ON. BUT THEY DI DN' T GO ABOUT
8 I T I N THE RI GHT WAY, WI TH REASONABLE CARE I N HI RI NG,
9 SUPERVI SI NG AND RETAI NI NG DR. MURRAY. NOW, THEY WENT
10 FROM 10 TO 30 TO 50, THE CONCERTS. FASTEST SELLI NG
11 TI CKETS I N HI STORY.
12 AND THI S I S WHAT MR. PHI LLI PS SAI D. " NOT
13 ONLY ARE THESE CONCERTS UNPARALLELED, THESE RECORDS
14 WI LL NEVER BE BROKEN. WE KNEWTHI S WAS SHOWBI Z
15 HI STORY - - WE KNEWTHI S WAS SHOWBI Z HI STORY, BUT THI S
16 I S A CULTURAL PHENOMENON. " THEY HAD THE BI GGEST ARTI ST
17 I N THEI R ARENA, THEY WERE GOI NG TO CATCH UP AND MAKE A
18 LOT OF MONEY, AND THAT' S WHAT THEY KEEP TALKI NG ABOUT.
19 YOU DON' T HEAR THEM SAY, " WELL, I WONDER
20 WHY HE' S DESPONDENT. I WONDER WHY HE' S A WRECK. MAYBE
21 WE SHOULD CHECK I T OUT. " NO. THE SHOWMUST GO ON.
22 NOW, HERE' S ANOTHER EARLY ONE. MR. MI SERENDI NO I S THE
23 C. O. O. OF A. E. G. LI VE.
24 AND HE WRI TES TO MR. PHI LLI PS " YOU' VE BEEN
25 RADI O SI LENT ABOUT M. J . HI S PRESS CONFERENCE DI DN' T
26 OVERWHELM ME. I HEAR THERE ARE 450, 000 REGI STRATI ONS,
27 SO I GUESS THE PRESS CONFERENCE DI DN' T REALLY MATTER. "
28 OKAY? SO WHAT DOES HE SAY BACK? " MI CHAEL - - " THI S I S,
866 299-5127
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1 AGAI N, MR. MI SERENDI NO. " MI CHAEL WAS THE UNDERWHELMI NG
2 PART. HE DI DN' T GI VE YOU THE FEELI NG THAT HE WAS
3 TOGETHER ENOUGH TO DO 30 SHOWS. " THAT' S I N MARCH 2009.
4 SO LET' S TALK ABOUT DR. MURRAY' S HI RI NG.
5 NOW, THI S I S WHAT THE EVI DENCE I S GOI NG TO SHOW; THAT
6 MI CHAEL REQUESTED A DOCTOR FOR THE TOUR. NO QUESTI ON.
7 BUT THE EXPERTS WI LL TELL YOU THAT WHEN SOMEBODY I S
8 REQUESTI NG A DOCTOR THAT HAS A KNOWN DEPENDENCY ON AN
9 OPI ATE, THAT SHOULD RAI SE A RED FLAG. " HEY, MAYBE WE
10 BETTER LOOK I NTO THAT J UST A LI TTLE BI T. " J UST A
11 LI TTLE. YOU KNOW, THE SHOWMUST GO ON; BUT, YOU KNOW,
12 WE HAVE PEOPLE' S LI VES HERE THAT WE HAVE TO DEAL WI TH,
13 TOO.
14 SO WHAT HAPPENS? DR. MURRAY ASKS FOR
15 $5 MI LLI ON. I MEAN, YOU DON' T NEED TO BE A CONCERT
16 PROMOTER TO KNOWTHAT' S A RED FLAG. I N FACT - -
17
19
20 MR. PANI SH: SO - - I MEAN, COME ON. 5 MI LLI ON
21 FOR ONE TOUR? OKAY. NOW- - WHAT I WOULD HAVE PLAYED
22 FOR YOU NOW- -
23 YOU' VE GOT TO REDO THE BATTERI ES.
24 - - I S AN EXPERT. EACH SI DE HAS EXPERT
25 WI TNESSES. WE HAVE THEM, THEY HAVE THEM. YOUR J OB AS
26 A J URY WI LL BE TO ASSESS THE EXPERT WI TNESS, SEE THEI R
27 QUALI FI CATI ONS, AND TO SEE WHAT THEY' RE RELYI NG ON,
28 WHAT EVI DENCE.
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2099
1 AND THEN YOU HAVE TO DECI DE WHO I S
2 BELI EVABLE, WHO I S NOT, WHO I S MORE WORTHY OF BELI EF.
3 OKAY? SO WE - - AND BOTH SI DES GET TO ASK QUESTI ONS OF
4 THE EXPERT WI TNESSES OF THE OTHER SI DE TO FI ND OUT WHAT
5 THEY' RE GOI NG TO SAY. SO THE DEFENDANTS HI RE AN
6 EXPERT, THEI R TOUR EXPERT, A MR. MARTY HOM.
7 AND SO WE GOT TO TAKE MR. HOM' S DEPOSI TI ON,
8 AND WE GOT TO ASK HI M QUESTI ONS LI KE, " 5 MI LLI ON? DO
9 YOU THI NK THAT MI GHT BE AN I SSUE?" THI S I S THEI R
10 EXPERT HI RED BY A. E. G. LI VE. AND WHAT DOES HE SAY?
11
13
14 MR. PANI SH: OKAY. THI S I S SOMEONE HI RED BY
15 MR. PUTNAM AND HI S TEAM TO GI VE OPI NI ONS FOR A. E. G. , HE
16 ADMI TS I T' S OUTRAGEOUS, I T' S A RED FLAG, YOU GOTTA DO
17 SOMETHI NG. WHAT DO THEY DO? NOTHI NG. WHAT' S THE NEXT
18 RED FLAG?
19
21
22 MR. PANI SH: A CREDI BLE AND HONEST DOCTOR WOULD
23 DO THAT? NO ONE WOULD DEMAND THAT. THAT' S THEI R
24 EXPERT WI TNESS. AND WE AGREE. THAT' S A RED FLAG.
25 COME ON. WHEN A RED FLAG COMES UP, DO YOU TURN THE
26 OTHER WAY OR DO YOU LOOK I NTO I T? THAT' S THE RULE.
27 DR. FI NKELSTEI N, THEY CONTACTED HI M.
28 HE' S AN ADDI CTI ON SPECI ALI ST; AND WI TH THE
866 299-5127
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1 RI GHT DOCTOR, THEY KNEWTHEY NEEDED AN ADDI CTI ON PERSON
2 OR A PAI N MANAGEMENT PERSON, NOT DR. MURRAY.
3 DR. MURRAY WAS A CARDI OLOGI ST. MR. J ACKSON, HE DI DN' T
4 HAVE ANY HEART PROBLEMS. YOU' RE GOI NG TO HEAR HE HAD A
5 GOOD HEART.
6 AND I DON' T MEAN I N A SENSE OF MORALLY, I
7 MEAN PHYSI CALLY. ALL RI GHT? AND LET' S SEE
8 DR. FI NKELSTEI N, WHO WAS THE TOUR DOCTOR I N THE
9 " DANGEROUS" TOUR. WHAT DI D HE SAY? LET' S ASK
10 MR. GONGAWARE WHAT HE DI D.
11
13
14 MR. PANI SH: SO HE CALLS UP HI S FRI END AND ASKS
15 HI M DI D HE TELL HI M 40 GRAND A WEEK - - OR A MONTH. AND
16 DR. FI NKELSTEI N HAD BEEN ON TOURS BEFORE, AND HE WAS AN
17 ADDI CTI ON SPECI ALI ST.
18
20
21 MR. PANI SH: AND YOU' RE GOI NG TO HEAR A. E. G.
22 SAY - -
23
25
26 MR. PANI SH: OKAY. SO MR. GONGAWARE HAD ALL THI S
27 OTHER I NFORMATI ON ABOUT THE REPORTERS AND MI CHAEL' S
28 PRESCRI PTI ON DRUG USE AND THE PROBLEMS I N LONDON, AND
866 299-5127
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1 HE ALLEGEDLY TELLS DR. FI NKELSTEI N, " OH, EVERYTHI NG I S
2 FI NE. " BUT I T WASN' T, AND HE KNEWI T WASN' T. THAT' S
3 WHY DR. FI NKELSTEI N DI DN' T GET THE J OB.
4 AND THE TESTI MONY I S GOI NG TO SHOWTHAT HE
5 WOULD ONLY TAKE I T I F HE WAS CLEAN. THEY DI DN' T HI RE
6 HI M. THEY' RE GOI NG TO SAY, " WELL, MI CHAEL WANTED HI M. "
7 YOU' RE GOI NG TO HEAR EVI DENCE THAT THERE WERE OTHER
8 PEOPLE THAT MI CHAEL WANTED ON THE TOUR THAT THEY DI DN' T
9 ALLOW, AND YOU' RE GOI NG TO HEAR ABOUT THAT I N THI S
10 CASE.
11 AND A. E. G. KNEWTHAT HE NEEDED SOMEONE TO
12 HELP HI M, AND THEY I GNORED THE OBVI OUS RED FLAGS AND
13 THEY HI RED DR. MURRAY. NOW, ON THI S DAY, MR. GONGAWARE
14 WRI TES AN E- MAI L TO DR. MURRAY. THEY' RE NEGOTI ATI NG,
15 AND HE SAYS " DONE AT 150 PER M. J . HE NEEDS ABOUT TEN
16 DAYS TO WI ND DOWN HI S PRACTI CE, THEN HE WI LL BE FULL
17 TI ME. "
18 SO MR. GONGAWARE, " DONE DEAL. " DOES THAT
19 SOUND LI KE SOMEBODY I S HI RED? " DONE DEAL, 150, " FOUR
20 TI MES WHAT DR. FI NKELSTEI N THOUGHT WAS REASONABLE - -
21 ALMOST FOUR TI MES, AND I T' S DONE. NOW, AGAI N, THAT
22 RAI SES ANOTHER RED FLAG. REMEMBER, " TO BACK OUT NOW
23 WOULD BE A DI SASTER FOR US. "
24 THAT' S WHAT MR. GONGAWARE SAI D. " WE' VE GOT
25 TO KEEP MOVI NG FORWARD; AND I F THI S DOCTOR I S GOI NG TO
26 BE THERE, AND I F HE' S GOI NG TO NEED A MEDI C, WHATEVER,
27 WE' RE GOI NG TO DO WHATEVER I T TAKES. " J UST LI KE
28 MR. PHI LLI PS SAI D, " I F I ' VE GOT TO CARRY HI M OVER MY
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1 BACK, HE' S GOT TO BE ON THE STAGE. "
2 AND HERE' S J UST A QUI CK COMPARI SON, 480, 000
3 VERSUS $150, 000 A YEAR. OKAY. NOW, ONCE AGAI N, HERE' S
4 MR. HOM, THEI R EXPERT. WHAT DOES HE SAY?
5
7
8 MR. PANI SH: THI S I S THEI R EXPERT. HE KNOWS I T' S
9 NOT OKAY. THEY KNEWI T WAS NOT OKAY. BUT WHEN YOU' VE
10 GOT ONE GOAL I N MI ND, THAT' S WHAT HAPPENS. NOW, WHAT
11 DI D THEY DO - - WHAT ACTS DI D A. E. G. DO TO I NVESTI GATE
12 THESE RED FLAGS AND TO SEE WHAT THEY WERE GETTI NG
13 I NVOLVED I N? LET' S ASK MR. GONGAWARE WHAT THEY DI D.
14
16
17 MR. PANI SH: OKAY. HE ADMI TS I T. NOW, THI S I S
18 THE A. E. G. LI VE HANDBOOK. THI S I S THEI R POLI CI ES AND
19 PROCEDURES. THI S I S WHERE THEY TALK ABOUT WHEN THEY' RE
20 HI RI NG PEOPLE, WHAT THEY CAN DO, BACKGROUND CHECKS AND
21 SUCH. NOW, THEY' RE GOI NG TO SAY, " WE NEVER BACKGROUND
22 CHECK I NDEPENDENT CONTRACTORS. "
23 WELL, WE' LL SEE ABOUT THAT. BUT, ALSO,
24 THEY HAD AN OBLI GATI ON TO DO I T, THEY J UST CHOSE NOT
25 TO. AND THEY HAD AN EMPLOYEE CLASSI FI CATI ON, CONTRACT
26 EMPLOYEES, THAT THI S APPLI ES TO THAT THEY CONTRACTED
27 WI TH DI RECTLY LI KE DR. MURRAY. THEY HAD A DI SCLOSURE
28 AND AUTHORI ZATI ON REGARDI NG BACKGROUND CHECKS.
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1 THESE ARE ALL THEI R FORMS. AND THEY HAD A
2 FORM TO USE FOR BACKGROUNDS CHECKS, THEY HAD SOMETHI NG
3 TO FI LL OUT THAT YOU SI GN WHI CH AUTHORI ZED YOU TO DO
4 I T. NOW, WHAT I F THEY DI DN' T?
5 REMEMBER, THAT FORM - - YOU DI DN' T SEE I T,
6 BUT THE FORM AUTHORI ZES THEM TO CHECK LI CENSI NG, LI KE
7 YOU WOULD LI KE TO KNOWI F THE DOCTOR - - DI D HE EVER
8 HAVE ANY PROBLEMS? REASONABLE. I S THAT DOCTOR
9 LI CENSED FULLY? HAS THE DOCTOR EVER BEEN DI SCI PLI NED
10 OR TREATED PATI ENTS I MPROPERLY? CERTAI NLY SOMEONE WHO
11 I S GETTI NG PAI D 150, 000 A MONTH, YOU MI GHT WANT TO J UST
12 CHECK THAT OUT.
13 AND WHEN THEY SI GN THI S FORM, YOU J UST GO
14 TO THE MEDI CAL BOARD AND THEY' LL GI VE YOU THE
15 DOCUMENTS. SO WHAT I F THEY WOULD HAVE DONE THAT? WHAT
16 WOULD THEY HAVE FOUND OUT? WOULD THEY FI ND OUT THAT
17 DR. MURRAY WAS THE BEST DOCTOR I N THE WORLD, OR WOULD
18 THEY HAVE FOUND OUT MORE RED FLAGS?
19 WELL, LET' S SEE WHAT THEY WOULD HAVE FOUND
20 OUT. THEY WOULD HAVE FOUND OUT FI RST DR. MURRAY WAS AN
21 I NTERNI ST, CARDI OLOGY AND AN I NTERVENTI ONAL CARDI OLOGY.
22 THAT' S SOMEBODY THAT DOES PROCEDURES WI TH THE HEART
23 LI KE HEART CATHETERI ZATI ON AND THI NGS LI KE THAT.
24 MR. J ACKSON HAD NO HEART PROBLEMS.
25 NOW, THESE ARE DR. MURRAY' S APPLI CATI ONS
26 THAT HE FI LED WI TH THE NEVADA BOARD OF MEDI CAL
27 EXAMI NERS. REMEMBER, HE WAS PRACTI CI NG I N NEVADA.
28 I NTERESTI NGLY, YOU' RE GOI NG TO HEAR LATER THAT HE WAS A
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1 BOOMI NG, SUCCESSFUL DOCTOR, YET WI TH ALL THESE PATI ENTS
2 AND EVERYTHI NG HE HAD AGAI N GOI NG ON, HE COULD SHUT
3 DOWN HI S OWN PRACTI CE I N TEN DAYS.
4 REMEMBER THAT E- MAI L, " DONE AT 150, 000, HE
5 J UST NEEDS TEN DAYS" ? WOW. SO WHAT WOULD THEY HAVE
6 FOUND OUT ABOUT DR. MURRAY? WELL, NUMBER 1, THEY' D
7 HAVE FOUND OUT THAT DR. MURRAY HAD A SUSPENSI ON OF HI S
8 CORONARY PRI VI LEGES, PERI PHERAL I NTERVENTI ON
9 PRI VI LEGES, SUSPENSI ONS, PERI PHERAL I NTERVENTI ON.
10 THEN THEY WOULD HAVE FOUND HI S APPLI CATI ON.
11 WHAT I S HE A SPECI ALI ST I N? HE' S A SPECI ALI ST I N
12 NUMBER 9, CARDI OVASCULAR DI SEASE, I NTERNAL MEDI CI NE,
13 BUT HE WASN' T A SPECI ALI ST I N PAI N ADDI CTI ON, OR
14 ADDI CTI ON MEDI CI NE. YOU SEE THAT NUMBER 1.
15 AND HE WASN' T A SPECI ALI ST I N PAI N
16 MANAGEMENT, WHAT MR. J ACKSON NEEDED. SO WAS HE FI T AND
17 COMPETENT TO PERFORM THE DUTI ES THAT HE WAS SUPPOSED TO
18 PERFORM FOR MR. J ACKSON? I THI NK THE EVI DENCE WI LL BE
19 CLEAR HE WASN' T. HE WAS SUSPENDED MAY 2008.
20 HI S PRI VI LEGES WERE SUSPENDED FROM A
21 HOSPI TAL I N HOUSTON WHERE HE HAD PRACTI CED BECAUSE OF
22 I SSUES RELATI NG TO PATI ENT CARE. WHAT ELSE WOULD THEY
23 HAVE FOUND? THAT HE WAS FI NANCI ALLY DESPERATE, HAD
24 J UDGMENTS OR LI ENS AGAI NST HI M, I NCLUDI NG BACK CHI LD
25 SUPPORT.
26 THAT HE HAD BEEN SENTENCED TO ALMOST A
27 MONTH I N J AI L FOR FAI LURE TO PAY HI S CHI LD SUPPORT,
28 WHI CH HE DI DN' T HAVE TO SERVE BECAUSE HE PAI D; AND THAT
866 299-5127
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1 HE WAS ABOUT TO LOSE HI S HOME THROUGH FORECLOSURE SALE
2 I N J ULY OF 2009, J UST SEVERAL WEEKS AFTER MR. J ACKSON
3 PASSED AWAY.
4 AND HI S FI NANCI AL CONDI TI ON MADE HI M
5 SUSCEPTI BLE TO PRESSURE AND A CONFLI CT OF I NTEREST
6 BETWEEN THE PATI ENT' S NEEDS AND A. E. G. ' S NEEDS. AND
7 WHAT YOU' LL LEARN I N THI S CASE I S THAT A DOCTOR, WHEN
8 YOU' RE - - YOU TAKE AN OATH. I T' S CALLED THE
9 HI PPOCRATI C OATH.
10 AND THE NUMBER 1 THI NG I S THAT YOU DO NO
11 HARM TO YOUR PATI ENTS. AND DR. MURRAY, THE EVI DENCE
12 WI LL SHOW, WAS PLACED I N A SEVERE CONTRACT - - CONFLI CT
13 BY A. E. G. , AND THEY KNEWI T. THERE WAS NO ONE
14 SUPERVI SI NG HI M. THEY COULD HAVE HAD AN I NDEPENDENT
15 DOCTOR - - THEY COULD HAVE HAD THREE DOCTORS FOR AS MUCH
16 AS THEY WERE PAYI NG DR. MURRAY.
17 THEY COULD HAVE HAD DR. FI NKELSTEI N AND TWO
18 OTHER DOCTORS. BUT WHAT THEY DI D WAS THEY PUT
19 DR. MURRAY I N A POSI TI ON WHERE I F HE SAI D MI CHAEL CAN' T
20 GO, CAN' T PLAY, OR I F HE SAI D, " I CAN' T GI VE YOU THESE
21 DRUGS, " THEN HE DON' T GET PAI D ANYMORE. HI S CONTRACT
22 I S OVER.
23 AND THAT' S THE CONFLI CT OF I NTEREST.
24 YOU' RE GOI NG TO HEAR DR. MATHESON WHO I S GOI NG TO COME
25 HERE FROM STANFORD UNI VERSI TY. HE' S THE TEAM PHYSI CI AN
26 FOR STANFORD, AND HE' S SPENT HI S LI FE STUDYI NG
27 CONFLI CTS OF I NTEREST BETWEEN ATHLETES AND PROFESSI ONAL
28 TEAMS. HE WAS THE TEAM PHYSI CI AN.
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2106
1 STANFORD MEDI CAL CENTER. AND HE' S GOI NG TO
2 TALK ABOUT HI S LI FE SPENT STUDYI NG THESE CONFLI CTS, AND
3 HOWPHYSI CI ANS AND PEOPLE NEED TO AVOI D THESE
4 CONFLI CTS, AND WHAT HAPPENS WHEN THESE CONFLI CTS EXI ST.
5 SO WHAT DI D A. E. G. DO? THEY MADE A FEWPHONE CALLS
6 OVER THE TELEPHONE, AND THEY HI RED DR. MURRAY.
7 NOW, THEY WANT TO DI SPUTE - - " WE NEVER
8 HI RED DR. MURRAY. MI CHAEL HI RED DR. MURRAY. " AND
9 WE' LL GET I NTO THAT. BUT THAT' S WHAT THEY DI D. THEY
10 DI DN' T DO ANYTHI NG. I S THAT REASONABLE? OKAY. THI S
11 I S FROM A. E. G. , THE WEBSI TE WHERE THEY BRAG ABOUT THE
12 COMPANY. THI S I S WHAT THEY SAY THEY DO.
13 THEY DELI VER UNPARALLELED SERVI CE AND
14 EXPERTI SE AND SET THE STANDARD FOR AUDI ENCE AND ARTI ST
15 CARE. ARTI ST CARE. AND WHEN YOU HEAR THE EVI DENCE I N
16 THI S CASE, THERE I S NO WAY THAT THEY SET THE STANDARD
17 FOR ARTI ST CARE FOR MI CHAEL J ACKSON WHEN YOU HEAR
18 EVERYTHI NG THAT OCCURRED.
19 THEY DI DN' T LI VE UP TO THEI R OWN STATEMENT
20 OF WHAT THEY DI D. THEY DI D NOT. WHAT WOULD A
21 REASONABLE PROMOTER HAVE DONE UNDER THE SAME
22 CI RCUMSTANCES? WELL, WE KNOWTHAT WHEN DR. MURRAY MADE
23 HI S AGREEMENT, " DONE AT 150, 000, " THAT FROM THAT POI NT
24 FORWARD, WHEN HE UNDERWENT THI S REGI ME OF PROPOFOL,
25 MI CHAEL WENT DOWN UNTI L HE EVENTUALLY DI ED SEVEN OR
26 EI GHT WEEKS LATER.
27 SO ONCE THEY DI D " DONE AT 150, " I T WAS A
28 DOWNWARD SPI RAL FOR MR. J ACKSON, AND THE EVI DENCE WI LL
866 299-5127
2107
1 BE CLEAR ABOUT THAT, UNTI L HI S DEATH ON J UNE 25TH
2 THE COURT: FI VE MI NUTES BEFORE LUNCH.
3 MR. PANI SH: SO A. E. G. KNEW- - WE WI LL PROVE THAT
4 HE KNEWTHAT HE WAS GOI NG DOWN UNTI L AFTER DR. MURRAY
5 STARTED; THAT A. E. G. FALSELY VOUCHED - - PEOPLE WERE
6 CONCERNED ABOUT MI CHAEL, AND YOU' RE GOI NG TO HEAR THAT
7 MR. PHI LLI PS LI ED AND SAI D, " WE' VE CHECKED HI M OUT.
8 HE' S THE BEST DOCTOR. "
9 HE LI ED ABOUT I T. AND THAT THE PEOPLE THAT
10 WERE TRYI NG TO HELP MI CHAEL, THEY WENT AND THEY GOT
11 I NVOLVED AND THEY SHUT THEM DOWN. THAT' S WHAT THEY
12 DI D. THAT' S HOWTHEY PROVI DE THE BEST ARTI ST CARE.
13 " TROUBLE AT THE FRONT. " THI S I S NOT MY TERM.
14 THI S I S WHAT THEY STARTED WRI TI NG I N
15 E- MAI LS. HERE' S MR. ORTEGA. HE WROTE AN E- MAI L, HE
16 WAS THE CREATI VE DI RECTOR, TO MR. GONGAWARE. " WERE YOU
17 AWARE THAT M. J . ' S DOCTOR DI DN' T PERMI T HI M TO ATTEND
18 REHEARSALS YESTERDAY? ARE RANDY PHI LLI PS, FRANK DELEO
19 AWARE OF THI S? PLEASE HAVE THEM STAY ON TOP OF HI S
20 HEALTH SI TUATI ON. "
21 LOOK AT - - THI S I S 11 DAYS BEFORE HI S
22 DEATH. " I T MI GHT BE A GOOD I DEA TO TALK TO HI S DOCTOR
23 TO MAKE SURE EVERYTHI NG M. J . REQUI RES I S I N PLACE. THE
24 DEMANDS ON THI S GUY ARE MENTALLY AND PHYSI CALLY
25 EXTRAORDI NARY. " HE' S CRYI NG OUT, " HEY, PLEASE, I S I T
26 OKAY? CHECK I T OUT. "
27 AND WHAT DO THEY RESPOND BACK? THI S I S
28 MR. GONGAWARE AGAI N. " FRANK AND I HAVE DI SCUSSED I T
866 299-5127
2108
1 ALREADY AND HAVE REQUESTED A FACE- TO- FACE MEETI NG WI TH
2 THE DOCTOR, HOPEFULLY MONDAY. WE WANT TO REMI ND HI M,
3 THE DOCTOR, THAT I T' S A. E. G. , NOT M. J . , WHO I S PAYI NG
4 HI S SALARY. "
5 WE WANT HI M, THE DOCTOR, TO UNDERSTAND
6 WHAT' S EXPECTED OF HI M. NOW, DOES THI S SOUND LI KE SOME
7 COMPANY, AND MR. GONGAWARE, THAT WANTS TO MAKE SURE
8 THAT EVERYTHI NG I S DONE TO CARE FOR AN ARTI ST? DOES
9 THI S SOUND LI KE A COMPANY THAT DI DN' T HI RE A DOCTOR
10 THAT HAS NOTHI NG TO DO WI TH A DOCTOR THAT I S
11 MI CHAEL J ACKSON' S PRI VATE DOCTOR, BUT THEY' RE MEETI NG
12 WI TH THE DOCTOR?
13 DOES THI S SOUND LI KE A COMPANY THAT
14 EXERCI SES REASONABLE CARE I N SUPERVI SI NG AND RETAI NI NG
15 A DOCTOR? REMEMBER, I N 11 DAYS, MI CHAEL J ACKSON I S
16 DEAD. I N 11 DAYS, YOU' RE GOI NG TO HEAR THERE WERE MORE
17 AND MORE AND MORE WARNI NGS AND SI GNS, AND YOU' RE GOI NG
18 TO UNDERSTAND WHY MR. PHI LLI PS AND MR. GONGAWARE - -
19 OKAY.
20 I WANT TO SHOWYOU THI S VI DEOTAPE OF THI S
21 MEMO. REMEMBER I TOLD YOU THESE GUYS ARE RUTHLESS
22 GUYS? WATCH HOWMR. GONGAWARE TESTI FI ES ABOUT THI S
23 E- MAI L, AND LET' S SEE WHETHER OR NOT YOU BELI EVE THAT
24 HE' S WORTHY OF BELI EF AND TELLI NG THE TRUTH.
25 YOU KNOWWHAT? CAN WE J UST TAKE A BREAK,
26 YOUR HONOR, AND DO THAT AFTER LUNCH?
27 THE COURT: WE' LL DO THAT AT 1: 30. 1: 30,
28 EVERYBODY. THANK YOU.
866 299-5127
2109
1
( THE NOON RECESS WAS TAKEN UNTI L
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TI ME: 1: 31 P. M.
THE COURT: KATHERI NE J ACKSON VERSUS A. E. G.
LI VE, BC 445597. GOOD AFTERNOON, EVERYBODY.
MS. BI NA: YOUR HONOR, BEFORE WE CALL THE J URY
BACK I N, THE COURT DI D MAKE A RULI NG ON THE MOTI ON I N
LI MI NE NO. 1 TO PRECLUDE EVI DENCE OF THE FI NANCI AL
CONDI TI ON OF THE DEFENDANT. I F YOU RECALL, WE HAD
SPECI FI CALLY ASKED THE PLAI NTI FFS NOT REFER TO THE
" BI LLI ONAI RE OWNER" DEFENDANTS.
THE COURT: RI GHT.
MS. BI NA: I WOULD ASK THE COURT ASK
PLAI NTI FFS' COUNSEL NOT TO DO THAT AGAI N.
MR. PANI SH: THAT' S FI NE. I WON' T DO THAT. I
WON' T REFERENCE - -
THE COURT: YOU KNOW, I F THERE' S SOMETHI NG
OBJ ECTI ONABLE, OBJ ECT.
MR. PANI SH: I ACTUALLY - - I GUESS I FORGOT. I
WASN' T HERE, I READ I T, SO MY MI STAKE. I WON' T DO I T
AGAI N.
THE COURT: I F YOU SEE SOMETHI NG, OBJ ECT, AND
866 299-5127
2111
1 WE CAN STOP I T I MMEDI ATELY.
2 MR. PANI SH: I WON' T DO THAT AGAI N.
3 MR. PUTNAM: I ' M TRYI NG TO BE RESPECTFUL I N HI S
4 OPENI NG STATEMENT.
6 MR. PUTNAM: THAT' S WHY I WAI TED UNTI L THE
7 BREAK.
8 MS. BI NA: WHI LE THE J URY WAS OUT.
9 MR. PANI SH: I WON' T DO I T AGAI N.
10 I S THERE SWI TCHI NG GOI NG ON WI TH THE MEDI A?
11 THE COURT: I HAVE NOTHI NG TO DO WI TH I T.
12 MR. PANI SH: I N THE MI DDLE OF MY TALKI NG,
13 PEOPLE ARE COMI NG I N AND OUT ALL THE TI ME. I DON' T KNOW
14 I F THERE' S - - SHE SAI D THERE' S NO SWI TCHI NG, BUT THEY
15 J UST KEEP GETTI NG UP AND LEAVI NG, AND SHE SAI D THE COURT
16 SAI D I T WAS OKAY.
17 THE COURT: WELL - -
18 MR. PANI SH: I MEAN, I N THE MI DDLE OF THE
19 THI NG, WHEN THEY GET UP, THEY MAKE NOI SE. I MEAN, AT
20 LEAST I F THEY COULD DO I T ON A BREAK. YOU KNOW, I T' S
21 ONLY AN HOUR, BUT, WHATEVER.
22
23 ( THE J URY ENTERED THE COURTROOM AT 1: 35 P. M. )
24
25 THE COURT: KATHERI NE J ACKSON VERSUS A. E. G.
26 LI VE, BC 445597.
27 GOOD AFTERNOON, EVERYBODY.
28 THE J URY: GOOD AFTERNOON.
866 299-5127
2112
1 THE COURT: I REALI ZE I T' S WARM I N HERE. I
2 ASKED THE STAFF PEOPLE TO TURN DOWN THE HEAT AND TURN UP
3 THE AI R, SO HOPEFULLY I T WI LL BE A LI TTLE BI T COOLER.
4 BUT WI TH THE EQUI PMENT AND A LOT OF PEOPLE, I T' S HARD TO
5 CONTROL THE TEMPERATURE. PLEASE BEAR WI TH US.
6 OKAY. THANK YOU. PLEASE CONTI NUE WI TH YOUR
7 OPENI NG STATEMENT.
9
10 OPENI NG STATEMENT ( RESUMED)
11
12 MR. PANI SH: GOOD AFTERNOON. I HOPE EVERYONE
13 HAD A NI CE LUNCH.
14 SO WHEN I LEFT OFF, I WAS TALKI NG ABOUT THE
15 E- MAI L FROM MR. GONGAWARE WHERE HE SAI D:
16 " FRANK AND I HAVE DI SCUSSED I T
17 ALREADY AND REQUEST A FACE- TO- FACE
18 MEETI NG WI TH THE DOCTOR, HOPEFULLY
19 MONDAY. WE WANT TO REMI ND HI M I T' S
20 A. E. G. , NOT MJ , WHO I S PAYI NG HI S
21 SALARY. WE WANT HI M TO UNDERSTAND
22 WHAT I S EXPECTED OF HI M. "
23 SO WHEN WE ASKED MR. GONGAWARE UNDER OATH HI S
24 UNDERSTANDI NG OF THI S E- MAI L, I WANT TO SHOWYOU WHAT HE
25 SAI D, AND THEN WE' LL SEE WHAT HI S STORY I S WHEN HE COMES
26 I NTO THE COURT.
27 BUT LET ME SHOWYOU WHAT HE SAI D UNDER OATH
28 WHEN HE WAS QUESTI ONED ABOUT THI S DAMAGI NG E- MAI L.
866 299-5127
2113
2
3 MR. PANI SH: MR. ORTEGA THEN WROTE TO
4 MR. GONGAWARE J UNE 15TH, 10 DAYS BEFORE MI CHAEL DI ED:
5 " MJ DI D NOT HAVE A GOOD
6 FRI DAY, AND HE DI DN' T SHOWON
7 SATURDAY. HE REQUI RES MORE ATTENTI ON
8 AND MANAGEMENT. AS I MENTI ONED, I
9 TRULY BELI EVE HE NEEDS NOURI SHMENT,
10 GUI DANCE AND PHYSI CAL THERAPY AND
11 MASSAGE FOR HI S FATI GUED MUSCLES AND
12 I NJ URI ES. HE' S NOT I N GREAT PHYSI CAL
13 SHAPE. I BELI EVE HE' S HURTI NG. WE
14 NEED A HEALTHY, RESTED AND READY MJ
15 AT STAPLES AND THE FORUM. "
16 MR. GONGAWARE I S BEI NG TOLD THERE' S AN I SSUE.
17 HE J UST TOLD US - - WELL, HE DI DN' T TELL US, BUT THE
18 E- MAI L SAYS THAT THEY' RE GOI NG TO GO TELL DR. MURRAY
19 WHAT HE NEEDS TO DO. WHAT HE NEEDS TO DO I S GET MI CHAEL
20 ON STAGE.
21 NOW, YOU' RE GOI NG TO HEAR FROM ALI F SANKEY.
22 SHE WAS ONE OF THE CHOREOGRAPHERS, DANCERS, FROM THE
23 ASSOCI ATE PRODUCERS. THI S I S WHAT SHE' S GOI NG TO
24 TESTI FY: ON J UNE 19TH, SI X DAYS BEFORE THE DEATH, SHE
25 SAWMJ ' S CONDI TI ON DETERI ORATE AND EXPRESSED CONCERNS TO
26 KENNY ORTEGA. SHE DI DN' T UNDERSTAND WHY A. E. G. LI VE
27 MANAGEMENT DI D NOT TRY TO HELP MJ WHEN THEY SAWHI M I N
28 HI S DEBI LI TATED STATE. AND SHE WI LL ALSO SAY THAT SHE
866 299-5127
2114
1 CRI ED WI TH MR. ORTEGA ABOUT MJ , AND SHE ALERTED HI M THAT
2 MJ WAS GOI NG TO DI E AND WONDERED WHY NO ONE WOULD HELP
3 HI M. ANOTHER RED FLAG THAT WAS I GNORED.
4 THEN, ON 6- 19, THI S GENTLEMAN, MR. HOUGHDAHL,
5 WHO I S A PRODUCTI ON MANAGER, WRI TES TO MR. PHI LLI PS AND
6 MR. GONGAWARE:
7 " I ' M NOT BEI NG A DRAMA QUEEN
8 HERE. . . KENNY, MR. ORTEGA ASKED ME TO
9 NOTI FY YOU BOTH. MJ WAS SENT HOME
10 WI THOUT STEPPI NG FOOT ON STAGE. HE
11 WAS A BASKET CASE, AND KENNY WAS
12 CONCERNED HE WOULD EMBARRASS HI MSELF
13 ON STAGE, OR, WORSE YET, GET HURT.
14 THE DOUBT I S PERSUASI VE. "
15 ANOTHER RED FLAG TO THE TWO HI GHEST PEOPLE I N
16 THE COMPANY.
17 NOW, WHAT DI D THEY DO? WELL, MR. PHI LLI PS
18 I MMEDI ATELY GOES TO HI S BOSS, MR. LEI WEKE, C. E. O. OF
19 A. E. G. , AND SAYS, " WE HAVE A REAL PROBLEM HERE. "
20 AND MR. LEI WEKE, YOU WOULD EXPECT, TO HAVE SOME
21 UNDERSTANDI NG OR WANT TO HELP THE ARTI ST, AS THEY SAY
22 THEY DO. WHAT DOES MR. LEI WEKE SAY? WELL, ACTUALLY,
23 THI S I S MR. HOUGHDAHL WRI TI NG TO MR. PHI LLI PS AGAI N,
24 SAYI NG:
25 " BUT KENNY SAI D HE WAS SHAKI NG
26 AND COULDN' T HOLD HI S KNI FE AND FORK.
27 KENNY HAD TO CUT HI S FOOD FOR HI M
28 BEFORE HE COULD EAT, AND THEN HE HAD
866 299-5127
2115
1 TO USE HI S FI NGERS. "
2 ANOTHER RED FLAG. TO THE TOP, PHI LLI PS AND
3 GONGAWARE BOTH RECEI VED THI S NOTI CE.
4 SO WHAT DI D THEY DO? MR. PHI LLI PS SAYS:
5 " TI M, MR. LEI WEKE, THE C. E. O. ,
6 AND I ARE GOI NG TO SEE HI M TOMORROW;
7 HOWEVER, I ' M NOT SURE WHAT THE
8 PROBLEM I S. CHEMI CAL OR
9 PSYCHOLOGI CAL?"
10 NOW, YOU' RE GOI NG TO - - " PHYSI OLOGI CAL. " I ' M
11 SORRY.
12 YOU' RE GOI NG TO HEAR ALL THI S CONTENTI ON BY
13 A. E. G. THAT THEY DI DN' T KNOWANYTHI NG. HE' S RI GHT
14 THERE. HE KNOWS. BUT WHAT DOES HE DO?
15 MR. GONGAWARE SAYS:
16 " TAKE THE DOCTOR WI TH YOU.
17 WHY WASN' T HE THERE LAST NI GHT?"
18 WHY WASN' T HI S DOCTOR THERE LI KE HE' S SUPPOSED
19 TO BE?
20 " WHAT' S GOI NG ON?" FI VE DAYS BEFORE MI CHAEL' S
21 DEATH.
22 AND MR. PHI LLI PS - - OR MR. GONGAWARE WRI TES:
23 " HE I S NOT A PSYCHI ATRI ST.
24 I ' M NOT SURE HOWEFFECTI VE HE CAN BE
25 AT THI S POI NT. OBVI OUSLY GETTI NG HI M
26 THERE I S NOT THE I SSUE. I T' S MUCH
27 DEEPER. "
28 THEN THE NEXT DAY, SATURDAY, 4: 57 A. M. - - I T' S
866 299-5127
2116
1 NOT EVEN 5: 00 I N THE MORNI NG - - MR. ORTEGA WRI TES TO
2 MR. PHI LLI PS AGAI N AND SAYS:
3 " MY CONCERN NOWI S THAT WE' VE
4 BROUGHT THE DOCTOR I NTO THE FOLD AND
5 HAVE PLAYED THE TOUGH LOVE NOWOR
6 NEVER CARD; THAT THE ARTI ST MAY BE
7 UNABLE TO RI SE TO THE OCCASI ON DUE TO
8 EMOTI ONAL STUFF. HE APPEARED QUI TE
9 WEAK AND FATI GUED THI S EVENI NG. HE
10 HAD A TERRI BLE CASE OF CHI LLS,
11 TREMBLI NG, RAMBLI NG, OBSESSI NG.
12 EVERYTHI NG HE SAYS, HE SHOULD BE
13 PSYCHOLOGI CALLY EVALUATED. "
14 THEY' RE TELLI NG MR. PHI LLI PS, DO SOMETHI NG,
15 PLEASE. YOU' RE I N CHARGE. PLEASE. MR. ORTEGA I S
16 CONCERNED.
17 HE GOES ON TO SAY:
18 " I WAS TOLD BY THE
19 CHOREOGRAPHER THAT DURI NG THE CUSTOM
20 FI TTI NG WI TH THE DESI GNER TONI GHT,
21 THEY NOTI CED HE LOST MORE WEI GHT. AS
22 FAR AS I CAN TELL, THERE I S NO ONE
23 TAKI NG RESPONSI BI LI TY FOR CARI NG FOR
24 HI M ON A DAI LY BASI S. WHERE WAS HI S
25 ASSI STANT LAST NI GHT? TONI GHT I WAS
26 FEEDI NG HI M, WRAPPI NG HI M I N
27 BLANKETS, MASSAGI NG HI S FEET TO CALM
28 HI M, AND CALLI NG THE DOCTOR. HE' S
866 299-5127
2117
1 FRI GHTENED I T' S ALL GOI NG TO GO
2 AWAY. "
3 HOWMANY MORE RED FLAGS CAN THERE BE BEFORE
4 A. E. G. I S GOI NG TO DO SOMETHI NG?
5 WELL, MR. ORTEGA I S A WELL- KNOWN PRODUCER.
6 MR. ORTEGA WORKED CLOSELY TO MI CHAEL I N THE " DANGEROUS"
7 AND " HI STORY" AND OTHER SPECI AL CONCERTS, AND HE NOTI CED
8 THAT THERE WAS A SUDDEN CHANGE I N HI S STATE, EMOTI ONAL
9 STATE AND PHYSI CAL STATE. AND WHAT I S MR. ORTEGA GOI NG
10 TO SAY? THAT HE' S LOSI NG WEI GHT AND A TERRI BLE CASE OF
11 THE CHI LLS.
12 AND HERE ON J UNE 20TH - - NOWWE' RE AT 1: 20 I N
13 THE AFTERNOON - - HE SAYS:
14 " I HONESTLY DON' T THI NK HE' S
15 READY FOR THI S BASED ON HI S CONTI NUAL
16 PHYSI CAL WEAKENI NG AND DEEPENI NG
17 EMOTI ONAL DI STRESS - - OR STATE. I T' S
18 REMI NI SCENT OF WHAT KAREN BUSH TRAVI S
19 AND I REMEMBERED J UST BEFORE HE
20 FAI NTED, CAUSI NG THE HBO CONCERT TO
21 CANCEL. "
22 REMEMBER, I SHOWED THAT I N NEWYORK BETH I SRAEL
23 HOSPI TAL?
24 " I THI NK THE VERY BEST THI NG
25 THAT WE CAN DO I S TO GET A TOP
26 PSYCHI ATRI ST TO EVALUATE HI M ASAP. I
27 BELI EVE WE NEED PROFESSI ONAL GUI DANCE
28 I N THI S MATTER. "
866 299-5127
2118
1 HE' S WRI TI NG MR. PHI LLI PS, PLEASE, DO
2 SOMETHI NG. HE WROTE HI M AT 4: 57 I N THE MORNI NG. HE
3 WRI TES HI M AT 1: 20 I N THE AFTERNOON.
4 AND MR. PHI LLI PS, OF COURSE, RESPONDS SHORTLY
5 THEREAFTER. " KENNY" - - THI S I S MR. PHI LLI PS. THI S I S
6 WHAT HE SAYS:
7 " I T' S CRI TI CAL THAT NEI THER
8 YOU, ME OR ANYONE AROUND THE SHOW
9 BECOME AMATEUR PSYCHI ATRI STS OR
10 PHYSI CI ANS. "
11 MAYBE THEY SHOULD GET A REAL ONE.
12 " I HAD A LENGTHY CONVERSATI ON
13 WI TH DR. MURRAY, AND I ' M GAI NI NG
14 I MMENSE RESPECT FOR ( SI C) AS I GET TO
15 DEAL WI TH HI M MORE. THI S DOCTOR I S
16 EXTREMELY SUCCESSFUL. WE CHECK
17 EVERYONE OUT, AND HE DOES NOT NEED
18 THI S GI G, SO HE' S TOTALLY UNBI ASED
19 AND ETHI CAL. "
20 NOW, YOU HEARD MR. GONGAWARE AND EVERYONE SAY
21 THEY DI DN' T CHECK ANYONE OUT, AND YOU HEARD THEI R
22 EXPERT, MR. HOM, WHO TESTI FI ED THAT TO LI E TO SOMEONE
23 ABOUT AN ARTI ST' S PHYSI CAL CONDI TI ON WOULD BE TOTALLY
24 I NAPPROPRI ATE.
25 BUT MR. PHI LLI PS, TO KEEP THE SHOWON THE ROAD,
26 THE SHOWWANTS TO GO ON, SAYS TO MR. ORTEGA, HEY, WE
27 CHECKED THI S GUY OUT - - WHI CH I S NOT TRUE - - AND HE
28 DOESN' T NEED THI S GI G - - WHI CH I S NOT TRUE, BECAUSE THE
866 299-5127
2119
1 EVI DENCE WI LL SHOWHE WAS FI NANCI ALLY I N DESPERATE
2 STRAI TS.
3 SO WHEN SOMEBODY I S REACHI NG OUT AND SAYI NG,
4 PLEASE, GET A PROFESSI ONAL I N, WHAT DOES HE SAY? HE
5 LI ES.
6 AND HE GOES ON TO SAY:
7 " YOU CAN' T I MAGI NE THE HARM
8 AND RAMI FI CATI ONS OF STOPPI NG THE
9 SHOWNOW. "
10 NOT MAYBE MI CHAEL WI LL DI E, MAYBE HE NEEDS TO
11 BE CHECKED OUT. YOU CAN' T I MAGI NE WHAT' S GOI NG TO
12 HAPPEN I F WE STOP THE SHOW. WHAT ABOUT OUR MONEY?
13 " THE DOCTOR' S EXTREMELY
14 SUCCESSFUL. WE CHECK EVERYONE OUT. "
15 HOWCOULD HE SAY THAT?
16 WELL, LET' S HEAR WHAT MR. HOM, THEI R EXPERT,
17 WHAT HE SAYS ABOUT WHAT MR. PHI LLI PS SAI D.
18
20
21 MR. PANI SH: SO THE EVI DENCE I S GOI NG TO SHOW,
22 NUMBER ONE, THEY SAY, WE CHECKED THE DOCTOR OUT, BECAUSE
23 WE CHECK EVERYONE OUT. THAT' S E- MAI LS THAT THEY' RE
24 WRI TI NG. THAT' S BEFORE THE LAWYERS GET I NVOLVED FOR
25 A. E. G. WE HI RED AN ETHI CAL AND UNBI ASED DOCTOR WHO I S
26 NOT DESPERATE. WE HI RED A DOCTOR WHO WOULDN' T HARM
27 MI CHAEL J ACKSON. LI STEN TO THI S.
28 / / /
866 299-5127
2120
2
3 MR. PANI SH: THEY KNEWTHAT. BUT THEN, WHAT - -
4 MR. PHI LLI PS FORWARDS THAT E- MAI L TO MR. LEI WEKE, THE
5 SAI D GUY FOR ALL OF THE A. E. G. , MR. LEI WEKE. AND WHAT
6 DOES HE SAY? " THI S GUY I S REALLY STARTI NG TO CONCERN
7 ME. "
8 THI S GUY I S KENNY ORTEGA, THE GUY THAT' S
9 LOOKI NG OUT FOR MR. MI CHAEL J ACKSON' S SAFETY.
10 " HE' S CONCERNI NG ME. READ HI S
11 E- MAI L AND MY RESPONSE. DR. MURRAY
12 AND I ARE MEETI NG WI TH MJ . "
13 HI M AND MURRAY. WHO I S MURRAY WORKI NG WI TH?
14 " KENNY ORTEGA I S REALLY STARTI NG TO CONCERN ME"
15 BECAUSE HE' S RAI SI NG A CONCERN ABOUT THE ARTI ST' S HEALTH
16 AND SAFETY, AND GOD FORBI D THE WORST THI NG THAT COULD
17 EVER HAPPEN TO US I S THE SHOWDOESN' T GO ON.
18 SO WHAT DOES MR. LEI WEKE SAY BACK TO DAN
19 BECKERMAN, WHO I S NOWTHE C. E. O. , SI NCE MR. LEI WEKE
20 LEFT? AT THE TI ME HE WAS THE CHI EF FI NANCI AL OFFI CER OF
21 A. E. G. , WHAT DOES HE SAY? " TROUBLE WI TH MJ . BI G
22 TROUBLE. "
23 OKAY. THI S I S FI VE DAYS BEFORE HE DI ES. BUT
24 THEN, RATHER THAN, WHAT ARE YOU GOI NG TO DO ABOUT I T,
25 " HEY, WHAT ARE YOU GUYS DOI NG TONI GHT?" WOW.
26 THEN THEY SAY - - MR. BECKERMAN SAYS BACK TO HI S
27 BOSS:
28 " I FI GURE SOMETHI NG MI GHT BE
866 299-5127
2121
1 WRONG, GI VEN HOWJ I TTERY RANDY" - -
2 THAT' S MR. PHI LLI PS - - " HAS BEEN THI S
3 WEEK. I S I T PRESHOWNERVES? THAT OR
4 GET A STRAI GHT J ACKET, CALL OUR
5 I NSURANCE CARRI ER BAD. " WOW.
6 AND WHAT DO THEY DO? DO THEY GO AND TRY - -
7 WE' RE AROUND TONI GHT. J UST HANGI NG OUT. MAYBE GO CHECK
8 I T OUT SI NCE THEY' RE J UST HANGI NG OUT. NO. THEY' RE NOT
9 DOI NG THAT. WANT TO KNOWWHAT THEY' RE DOI NG? " WANT TO
10 GO TO THE BEASTLY BALL HONORI NG LAURA WASSERMAN?"
11 THEY' RE WORRI ED ABOUT THEI R SOCI AL CALENDAR.
12 " HE' S HAVI NG A MENTAL BREAKDOWN. " WHO ARE THEY
13 REFERRI NG TO THERE? MR. LEI WEKE WI LL SAY, I DON' T
14 REMEMBER. WAS I T MR. PHI LLI PS OR WAS I T MR. J ACKSON?
15 EI THER WAY, THEY DI DN' T CARE, BECAUSE THEY WERE
16 MORE CONCERNED ABOUT THE SOCI AL EVENTS THAT THEY WERE
17 GOI NG TO DO THAT NI GHT, FI VE DAYS BEFORE MR. J ACKSON
18 DI ED. LET' S GO TO THE BEASTLY BALL TONI GHT.
19 SO THI S I S WHAT MR. ORTEGA I S GOI NG TO SAY. HE
20 HAD CONCERNS ABOUT DR. MURRAY AS MI CHAEL' S DOCTOR. HE
21 DI DN' T THI NK DR. MURRAY WAS HANDLI NG THE ROLE OF THE
22 DOCTOR AT THE HI GHEST LEVEL BECAUSE OF MJ ' S CONDI TI ON.
23 HE DI D NOT UNDERSTAND HOWMJ COULDN' T SHOWUP AT
24 REHEARSAL WI TH THE DOCTOR PRACTI CALLY LI VI NG WI TH HI M,
25 AND FOUND I T VERY UPSETTI NG. AND HE KEPT RELAYI NG HI S
26 CONCERNS TO DR. PHI LLI PS, WHO, I N TURN, LI ED TO HI M.
27 LI ED.
28 WHEN SOMEBODY' S LI FE I S AT STAKE, SERI OUS
866 299-5127
2122
1 HEALTH CONDI TI ONS, HE J UST LI ED, BECAUSE, REMEMBER, THE
2 WORST THI NG THAT CAN HAPPEN TO US I S THE SHOWDOESN' T
3 GO. NOT THAT SOMEBODY I S GOI NG TO LOSE THEI R LI FE.
4 AND THEN MI CHAEL J ACKSON DI ES J UNE 25TH. THE
5 DECEPTI ON BY MR. PHI LLI PS DOESN' T STOP. THEY' RE GOI NG
6 TO THEN PRODUCE THI S " THI S I S I T. " TWO DAYS OF PRACTI CE
7 VI DEOS, THEY WANT TO MAKE I T I NTO A DOCUMENTARY, I GUESS
8 YOU COULD CALL I T.
9 WHAT DOES MR. PHI LLI PS SAY I N AN E- MAI L?
10 " CONRAD I S NUTS. " THAT' S DR. MURRAY. " REMI ND ME TO
11 TELL YOU ABOUT HI S VI SI TS THE WEEK MJ DI ED, " BECAUSE HE
12 WASN' T THERE, DR. MURRAY. MR. PHI LLI PS KNEWWHERE HE
13 WAS.
14 SO THE EVI DENCE WI LL SHOWTHAT A. E. G. CREATED
15 AN I MPROPER AND DANGEROUS CONFLI CT BETWEEN MURRAY AND
16 THE PATI ENT. THEY TALKED DI RECTLY WI TH MURRAY AND
17 I NSI STED ON HI S PERFORMANCE, REGARDLESS OF THE RI SK, AND
18 THEY FORCED MURRAY TO DO THI NGS HE MI GHT NOT OTHERWI SE
19 DO BECAUSE OF HI S SEVERE FI NANCI AL PRESSURE, WHI CH THEY
20 NEVER TOOK THE TI ME TO LOOK I NTO, EVEN THOUGH THEY LI ED
21 AND SAI D THEY CHECK EVERYBODY OUT. THEY DON' T SAY, WE
22 DON' T CHECK I NDEPENDENT CONTRACTORS OUT. THEY SAI D " WE
23 CHECK EVERYONE OUT, " WHEN MR. ORTEGA WAS CONCERNED.
24 AND THEY CREATED THI S THREE- PART CONFLI CT.
25 DR. MURRAY I S I N THE MI DDLE. DR. MURRAY I S A DOCTOR,
26 HE' S SUPPOSED TO TAKE CARE OF THE PATI ENT, BUT I F HE
27 DOESN' T DO - - I F MI CHAEL DOESN' T COME TO PRACTI CE, AND
28 THERE' S NO CONCERT, THAT 150, 000 A MONTH I S OUT. HE' S
866 299-5127
2123
1 BEI NG FORECLOSED ON, ALL THE DEBTS. UNFORTUNATELY,
2 DR. MURRAY MADE THE WRONG DECI SI ON, BUT A. E. G. WAS THE
3 ONE THAT PUT HI M I N THAT POSI TI ON. AND HOWDI D THEY PUT
4 HI M I N THAT POSI TI ON?
5 THI S I S ANOTHER MR. GONGAWARE:
6 " FRANK AND I DI SCUSSED I T
7 ALREADY. WE REQUESTED A FACE- TO-
8 FACE MEETI NG WI TH THE DOCTOR
9 HOPEFULLY MONDAY. "
10 I F THI S I S MI CHAEL J ACKSON' S PERSONAL DOCTOR,
11 WHY ARE THEY MEETI NG WI TH HI M? WHY ARE THEY GETTI NG
12 I NVOLVED I N HI S HEALTH CARE?
13 " WE WANT TO REMI ND HI M AT
14 A. E. G. THAT I T' S NOT MJ PAYI NG HI S
15 SALARY. WE WANT HI M TO UNDERSTAND
16 WHAT' S EXPECTED. "
17 WHY ARE THEY DOI NG THAT?
18 AND THEN MR. PHI LLI PS, AGAI N, HERE HE I S:
19 " WOULD A FI NANCI AL COMI NG- TO-
20 J ESUS SPEECH HELP OR ADD TO PRESSURE?
21 I T WOULD HELP AT THI S POI NT. WE NEED
22 A BREAKTHROUGH. I ' M GOI NG TO CALL
23 HI S DOCTOR TO DI SCUSS. "
24 NOWMR. PHI LLI PS I S CALLI NG THE DOCTOR. AND
25 HERE' S HI S PHONE RECORDS ( I NDI CATI NG) . ON THAT DAY HE
26 HAD OVER A 20- MI NUTE CALL WI TH DR. MURRAY.
27 REMEMBER I TOLD YOU THAT MR. J ACKSON HAD
28 FI NANCI AL I SSUES? THI S I S WHAT THEY' RE GOI NG TO TELL
866 299-5127
2124
1 YOU ( I NDI CATI NG) ; THAT MR. J ACKSON WAS I N SERI OUS DEBT;
2 THAT HE HAD ALL THESE DEBTS; THAT HE HAD SECURED
3 EVERYTHI NG WI TH EVERYTHI NG HE OWNED I N THI S CONTRACT AND
4 THAT THEY HAD HI M RI GHT WHERE THEY WANTED HI M. HE' S
5 UNDER FI NANCI AL PRESSURE HI MSELF. I F HE DOESN' T
6 PERFORM, THEY' RE TELLI NG HI M, YOU' RE GOI NG TO LOSE
7 EVERYTHI NG, AND THEY KEPT PUSHI NG HI M, BECAUSE THEY USED
8 THAT AGAI NST HI M.
9 GO BACK, PLEASE.
10 NOW, WE' RE BACK TO MR. PHI LLI PS. CAN' T WAI T
11 FOR MR. PHI LLI PS TO COME.
12 " GUYS, WE HAD A VERY
13 PRODUCTI VE, SOLI D MEETI NG WI TH KENNY,
14 DR. MURRAY, MJ AND MYSELF" - - FI VE
15 DAYS BEFORE HE DI ED.
16 " THE DOCTOR WAS FANTASTI C. I
17 THI NK KENNY' S HYSTERI A WI LL BE I N
18 CHECK WHI LE MJ I S ALERT AND
19 ATTENTI VE. WE' VE ALL AGREED ON A
20 SCHEDULE THAT WORKS WI TH KENNY AND
21 MJ . I PROMI SED KENNY I WOULD OFFI CE
22 OUT STAPLES NEXT WEEK DURI NG
23 REHEARSAL. LET' S PRAY MJ ENGAGES AND
24 ALSO STARTS TO WORK OUT AND EAT. "
25 " THE DOCTOR WAS FANTASTI C. " " KENNY I S J UST
26 OVERREACTI NG. " WELL, I GUESS HE WASN' T, BECAUSE I N FI VE
27 DAYS HE DI ED.
28 AND THEN HE SAI D, " ANYWAY, THI NGS AREN' T AS
866 299-5127
2125
1 BLEAK AS KENNY SAYS. "
2 KAI CHASE, MI CHAEL J ACKSON' S CHEF, WI LL TESTI FY
3 THAT A WEEK BEFORE MI CHAEL DI ED, SHE WAS PRESENT AT HI S
4 HOUSE. BY THE WAY, HI S HOUSE WHERE HE LI VED I N BEVERLY
5 HI LLS, A RENTED HOUSE, A BI G HOUSE, YOU' LL SEE HERE ALL
6 ABOUT I T, PAI D FOR BY A. E. G. ( I NDI CATI NG) . NOW, OF
7 COURSE THEY' RE GOI NG TO GET THE MONEY BACK I F I T' S
8 SUCCESSFUL, BUT THEY' RE THE ONES WHO FOUND, SI GNED THE
9 LEASE AND PAI D FOR THI S HOUSE WHERE MI CHAEL J ACKSON WAS
10 LI VI NG. AND THE HOUSE I S BEFORE ALL THI S.
11 NOW, LET' S GO BACK.
12 SO MS. CHASE, WHO WAS THERE, SAI D THAT MI CHAEL
13 WAS FRI GHTENED, DEBI LI TATED, FEEBLE, FRAGI LE. THE
14 MEETI NG WAS HOSTI LE. OH, BY THE WAY, WHO WAS THERE?
15 PAUL GONGAWARE AND RANDY PHI LLI PS WAS AT THE HOUSE.
16 VASE WAS BROKEN, MJ ENDED UP LEAVI NG. THI S WAS NOT, OH,
17 HEY, HOWI S EVERYTHI NG GOI NG? YOU KNOW, KUMBAYA. THI S
18 WAS A HOSTI LE MEETI NG. YOU BETTER GET THERE AND GET I T
19 DONE, BECAUSE WE HAVE EVERYTHI NG, AND I F YOU DON' T
20 PERFORM, YOU' RE DONE.
21 MEETI NG CONTI NUED FOR HOURS. DR. MURRAY CAME
22 I NTO THE KI TCHEN, " I CAN' T HANDLE THI S. " HE WAS VERY
23 UPSET.
24 THEY' RE THERE MEETI NG WI TH DR. MURRAY AT THE
25 HOUSE, HE' S UPSET, AND MI CHAEL I SN' T EVEN THERE AT THE
26 TI ME. HE LEFT. HOSTI LI TY. WHY?
27 WELL, OKAY. NOW, THI S I S AN I NTERESTI NG
28 E- MAI L. THI S MR. WOOLLEY WAS ONE OF THEI R FI NANCI AL
866 299-5127
2126
1 PEOPLE, AND MR. TAYLOR I S AN I NSURANCE BROKER I N LONDON.
2 AND WHAT A. E. G. HAD DONE I S, THEY GOT CANCELATI ON
3 I NSURANCE, WHI CH MEANS I F FOR SOME REASON THE CONCERT
4 DOESN' T GO, THEY' RE GOI NG TO GET 17. 5 MI LLI ON, PLUS, AT
5 THE SAME TI ME, RI GHT BEFORE MI CHAEL DI ED, THEY' RE TRYI NG
6 TO SECURE MORE I NSURANCE.
7 NOW, I NTERESTI NG WHAT THEY SAY HERE.
8 MR. ORTEGA - - AND THERE WAS A CONCERN WI TH THE I NSURANCE
9 BROKER I N LONDON, AND KENNY ORTEGA, THEY WRI TE, AND HE
10 SAYS:
11 " CHANGES ARE STRUCTURAL ONLY.
12 KENNY ORTEGA HAS RESPONSI BI LI TY ONLY
13 FOR THE SHOWAND THE CONTENT I N
14 CONSULTATI ON WI TH MJ . RANDY PHI LLI PS
15 AND DR. MURRAY ARE RESPONSI BLE FOR
16 MJ ' S REHEARSAL AND ATTENDANCE
17 SCHEDULE. "
18 RANDY PHI LLI PS AND DR. MURRAY WERE RESPONSI BLE
19 TO GET HI M THERE.
20 " AND I T LOOKS LI KE THERE MI GHT
21 HAVE BEEN AN I SSUE OF KO" - - MR. ORTEGA - -
22 " EI THER NOT BEI NG DEMANDI NG ENOUGH" - - REMEMBER
23 I TOLD YOU HOWTHE CONCERT PROMOTERS ARE - -
24 " DEMANDI NG ENOUGH OF HI S ATTENDANCE
25 OR CAUSI NG CONCERN WI TH THE SCHEDULE
26 HE WAS I MPOSI NG. EI THER WAY, THERE
27 ARE OTHERS DESI GNATED TO MAKE SURE MJ
28 I S FRONT AND CENTER FOR REHEARSALS, " THE
866 299-5127
2127
1 BROKER' S CONCERN.
2 SO THEY WRI TE BACK, " OH, NO, NO. MR. PHI LLI PS
3 I S HANDLI NG I T ALL WI TH THE DOCTOR. "
4 AND THEN MI CHAEL DI ES. AND THEN WHEN I TALK
5 ABOUT THE " THI S I S I T, " THEY PUT SOME OF THE CLI PS
6 TOGETHER FOR THE DOCUMENTARY, LOOK AT WHAT MR. PHI LLI PS
7 DOES. HE - - THI S I S ALMOST TWO MONTHS AFTER THE DEATH
8 WHEN THEY' RE CUTTI NG SOME CLI PS TO USE.
9 " MAKE SURE WE TAKE OUT THE
10 SHOTS OF MJ I N THAT RED LEATHER
11 J ACKET AT THE SOUND STAGE WHERE THE
12 MI NI MOVI ES WERE BEI NG FI LMED. HE
13 LOOKS WAY TOO THI N, " I T SHOULD SAY,
14 " AND SKELETAL. "
15 STI LL TRYI NG TO HI DE WHAT HE LOOKED LI KE.
16 LET' S TAKE THAT OUT. DON' T LET ANYONE SEE THAT.
17 WHAT SHOULD THEY HAVE DONE? THEY SHOULD HAVE
18 REFUSED TO ENGAGE, HI RE, SUPERVI SE AND RETAI N A DOCTOR
19 FOR MJ AND HAVE MI CHAEL GET HI S OWN PHYSI CI AN TO AVOI D
20 THE CONFLI CT.
21 THEY SHOULD HAVE HAD SOMEBODY WHO WAS FI T FOR
22 THI S PATI ENT, AN ADDI CTI ON SPECI ALI ST, A PAI N MANAGEMENT
23 PERSON, PSYCHI ATRI ST, ALSO, AS THEY RECOMMENDED, AND
24 SOMEONE WHO I S NOT SUSCEPTI BLE TO FI NANCI AL PRESSURE WHO
25 I S NOT GOI NG TO GI VE I N TO THE CONFLI CT. ALL THEY HAD
26 TO DO I S CHECK I T OUT. THEY WOULD HAVE FOUND OUT THE
27 J UDGMENTS AGAI NST HI M, ALL THE FI NANCI AL PROBLEMS HE
28 HAD.
866 299-5127
2128
1 AND WHAT REGULAR DOCTOR CAN STOP HI S ENTI RE
2 PRACTI CE I N 10 DAYS? DROP EVERYONE AND BE RI GHT THERE
3 FOR 150 GRAND A MONTH. AND RECOGNI ZE THAT HI S PHYSI CAL
4 AND MENTAL CONDI TI ONS WERE I N PERI L. YOU SAWALL THE
5 E- MAI LS. YOU SAWALL THE RED FLAGS. BUT THEY KEPT
6 PUTTI NG THE PRESSURE ON BOTH THE DOCTOR AND MI CHAEL FOR
7 THEM TO TAKE DRASTI C MEASURES.
8 AND MI CHAEL, THEY' RE GOI NG TO TELL YOU HE WAS
9 I N DEBT, HE WAS I N DEBT. YEAH, AND YOU' RE FORCI NG HI M
10 TO DO ALL THI S. YOU' RE GETTI NG ALL THESE WARNI NGS,
11 YOU' RE J UST DRI VI NG THROUGH THE STOP SI GNS. AND THEY
12 NEVER REMOVED DR. - - THI S DOCTOR FROM THE SI TUATI ON.
13 NOW, YOU WI LL HEAR FROM THE EXPERTS I N THI S
14 CASE THAT MI CHAEL J ACKSON COULD EASI LY BE TREATED, WI TH
15 THE APPROPRI ATE EXPERTS. YOU' RE GOI NG TO HEAR ABOUT
16 THI S THI NG CALLED SUBOXONE, WHI CH GETS YOU OFF THE
17 OPI ATES, THE DEMEROL. AND WI TH CLOSE SUPERVI SI ON I N A
18 SAFE MANNER, I T ALL WOULD HAVE BEEN FI NE. BUT THEY
19 NEVER TRI ED TO DO THAT. AND YOU' RE GOI NG TO HEAR THAT
20 FROM THEI R EXPERTS.
21 YOU' RE ALSO GOI NG TO HEAR THAT THEY COULD
22 SAFELY TREAT THE I NSOMNI A WI TH SAFE STRATEGI ES AND NOT
23 THI S PROPOFOL, WHI CH DOESN' T EVEN HELP YOU SLEEP.
24 YOU' RE ALSO GOI NG TO HEAR THAT THE DOCTOR WOULD
25 DO WHAT WAS DONE DURI NG THE " DANGEROUS" TOUR, MAKE THE
26 DECI SI ON TO PUT HI M I N REHABI LI TATI ON AND DETOX, AND
27 POSTPONE THE TOUR. OR DON' T DO THE TOUR. LET' S WAI T.
28 WHY I S I T SO I MPORTANT WE HAVE TO DO THE TOUR? THE
866 299-5127
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1 WORST THI NG THAT WOULD HAPPEN I S WE DELAY I T. HOW
2 ABOUT, HEY, MAYBE HE' S NOT DOI NG SO GOOD. MAYBE WE
3 OUGHT TO BACK OFF A LI TTLE BI T. AND MAYBE I T WOULDN' T
4 FORCE THE DOCTOR TO VI OLATE HI S HI PPOCRATI C OATH - -
5 MS. BI NA: OBJ ECTI ON, YOUR HONOR. WE' RE AGAI N
6 - - SI DEBAR.
7 MR. PANI SH: WAI T A MI NUTE, YOUR HONOR. ONLY
8 THE PERSON GI VI NG THE OPENI NG CAN OBJ ECT.
9 THE COURT: NO, THAT' S NOT CORRECT.
10 WHAT ARE YOU OBJ ECTI NG TO?
11 MR. PUTNAM: ANOTHER M. I . L. I SSUE.
12 THE COURT: WHI CH PORTI ON?
13 MS. BI NA: ON THE PORTI ON ABOUT CANCELATI ON.
14 THE COURT: SUSTAI NED.
15 MR. PANI SH: WHAT WAS THE OBJ ECTI ON?
16 THE COURT: SUSTAI NED.
17 MR. PANI SH: WHAT I S I T THAT I ' M NOT - -
18 THE COURT: ON THE CANCELATI ON I SSUE.
19 MOVE ON.
20 MS. BI NA: I T' S ON THE SLI DE.
21 MR. PANI SH: SO CAN ANYONE OBJ ECT, THEN?
22 THE COURT: ANYONE ON THE DEFENSE TEAM.
23 MR. PANI SH: OKAY. GOOD.
24 ALL RI GHT. LET' S TALK ABOUT DAMAGES A LI TTLE
25 BI T.
26 NOW, YOU' RE GOI NG TO HEAR FROM THE DEFENDANT,
27 DESPI TE I NVESTI NG ALL THI S MONEY I N MI CHAEL, DESPI TE
28 EVERYTHI NG THEY SAI D ABOUT HI M, THAT HE WAS NEVER GOI NG
866 299-5127
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1 TO MAKE ANY MORE MONEY, AND EVERYTHI NG WE SAY I S
2 SPECULATI VE; OKAY? THAT' S WHAT THEY' VE TOLD US I N THE
3 DEPOSI TI ONS AND THEI R EXPERTS.
4 YOU' RE ALSO GOI NG TO HEAR THAT THE EXPERTS
5 WE' VE HI RED HAVE DONE AN ANALYSI S, AND THEY USED THE
6 FI GURES A. E. G. USED WHEN THEY PROJ ECTED OUT THE CONCERTS
7 AND THAT MI CHAEL WOULD HAVE DONE THESE SHOWS AND THAT HE
8 WOULD HAVE DONE ONE WORLD TOUR FOR THE SHOW, AND THEN HE
9 WANTED TO GO TO LAS VEGAS AND LI VE THERE AND DO A
10 REGULAR SHOW. SO YOU' RE GOI NG TO HEAR WHAT THOSE LOSSES
11 ARE FOR THE ECONOMI CS.
12 AND THERE' S TWO TYPES OF DAMAGES; ALL RI GHT?
13 ECONOMI C AND NONECONOMI C. AND HERE' S THE FAMI LY, AND
14 HERE' S THE PLAI NTI FFS.
15 FI RST, THERE' S KATHERI NE SI TTI NG RI GHT HERE.
16 82 YEARS OLD. SHE' S THE MOTHER OF MI CHAEL, GRANDMOTHER
17 AND GUARDI AN OF HI S THREE CHI LDREN. SHE WAS MI CHAEL' S
18 ROLE MODEL AND I NSPI RATI ON, AND MI CHAEL DI D EVERYTHI NG
19 FOR HI S MOTHER AND HI S CHI LDREN.
20 AND THI S I S WHERE THEY GREWUP I N GARY, I NDI ANA
21 ( I NDI CATI NG) . THREE- BEDROOM HOUSE. NI NE CHI LDREN.
22 THEY WERE ALL ABOUT PERFORMI NG. THEY LI VED ON J ACKSON
23 STREET.
24 THI S I S THEM PLAYI NG ( I NDI CATI NG) . YOU SEE
25 MI CHAEL DANCI NG AS A KI D. THEY ENTERED ALL KI NDS OF
26 SHOWS, STARTED WORKI NG WI TH HI S BROTHER AND HI S FAMI LY.
27 THEY HAD A GOOD FAMI LY GROWI NG UP, BUT THEY WERE I NTO
28 PERFORMI NG, AND THAT' S WHAT THE FAMI LY LOVED.
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1 AND THERE' S MI CHAEL AT A YOUNG AGE
2 ( I NDI CATI NG) . I THI NK HE' S FI VE YEARS OLD HERE.
3 AND THERE' S HI S SI STER J ANET, AND THERE' S
4 MRS. J ACKSON WI TH HER ( I NDI CATI NG) .
5 AND THERE' S MI CHAEL WI TH SOME OF HI S BROTHERS,
6 J ACKSON 5 ( I NDI CATI NG) .
7 AND HERE' S MI CHAEL WI TH HI S MOTHER AND HI S
8 GRANDFATHER ( I NDI CATI NG) .
9 AND MI CHAEL, YOU' LL HEAR HE LOVED EVERYONE. HE
10 HAD A GREAT HEART. HE DI D EVERYTHI NG HE COULD TO HELP
11 PEOPLE AND FAMI LY AND PEOPLE HE DI DN' T EVEN KNOWAND
12 PAI D FOR FUNERALS AND CHI LDREN' S SURGERI ES AND FAMI LI ES.
13 AND YOU' LL HEAR WHAT KI ND OF HUMANI TARI AN HE WAS.
14 AND HERE' S THE LAST FAMI LY GATHERI NG OF THE
15 ENTI RE FAMI LY TOGETHER I N MAY OF 2009 ( I NDI CATI NG) .
16 THERE' S MRS. J ACKSON ( I NDI CATI NG) .
17 AND THI S I S A LETTER THAT MI CHAEL WROTE
18 ( I NDI CATI NG) . THI S KI ND OF DESCRI BES MI CHAEL' S
19 RELATI ONSHI P WI TH HI S MOTHER. AND THE ONLY WAY YOU CAN
20 ASSESS DAMAGES FOR SOMEBODY' S LOSS I S TO KNOWWHAT THEY
21 HAD. SO WHEN YOU DECI DE WHAT HAS BEEN THE LOSS, FI RST
22 YOU NEED TO KNOWWHAT HAVE YOU HAD TO KNOWWHAT YOU
23 LOST.
24 AND THI S I S A LETTER THAT MI CHAEL WROTE TO HI S
25 MOM THAT HI S MOM PLACED UP I N A FRAME AND KEEPS I N HER
26 HOUSE. AND THI S I S WHAT MI CHAEL WROTE I N HI S OWN
27 HANDWRI TI NG, WHAT HE WROTE ABOUT HI S MOM:
28 " MOTHER, MY GUARDI AN ANGEL, BY
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1 MI CHAEL J ACKSON.
2 " THE REFLECTI ON OF A MOTHER' S
3 HEART I S I N THE GLI MMER I N HER
4 CHI LDREN' S EYES, FOR EVERY EMOTI ON
5 AND FEELI NG I S SOMEWHERE I N HER
6 CHI LD' S CHARACTER. NOBLEMEN ARE WHAT
7 THEI R MOTHER' S MADE THEM. WHY DOES
8 MY MOTHER CRY? ARE THOSE HAPPY TEARS
9 OR TEARS OF SORROW? OH, PLEASE GOD,
10 LET THEM BE HAPPY TEARS. ALL MY
11 SUCCESS HAS BEEN BASED ON THE FACT
12 THAT I WANTED TO MAKE MY MOTHER PROUD
13 TO WI N HER SMI LE OF APPROVAL. "
14 AND MI CHAEL J ACKSON KNEWKI NGS, HE KNEWPOPES,
15 HE KNEWPRESI DENTS, HE KNEWFAMOUS PEOPLE AROUND, BUT
16 THE MOST I MPORTANT PEOPLE TO HI M I N THE WHOLE WORLD WERE
17 HI S MOTHER AND THREE CHI LDREN.
18 AND, YOU KNOW, YOU' RE GOI NG TO BE TOLD, AND
19 YOU' VE BEEN TOLD BEFORE, THAT THERE' S NO SYMPATHY I N
20 THI S CASE. WE' RE NOT LOOKI NG FOR ANY SYMPATHY; OKAY?
21 WE' RE LOOKI NG FOR TRUTH AND J USTI CE. AND PLEASE SET ALL
22 THE SYMPATHY ASI DE.
23 AND THE REASON WE' RE PUTTI NG THI S EVI DENCE ON
24 I S BECAUSE WE HAVE TO PROVE OUR LOSS. WE WANT NO
25 SYMPATHY. WE' RE NEVER GOI NG TO BRI NG I T UP. BUT
26 THERE' S GOI NG TO BE TI MES WHEN WE' RE GOI NG TO HAVE TO
27 PUT UP EVI DENCE TO PROVE WHAT WE LOST. BUT WE WANT NO
28 SYMPATHY. WE WANT TRUTH I N THI S CASE. WE WANT TRUTH TO
866 299-5127
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1 COME OUT. WE WANT A. E. G. TO BE HELD RESPONSI BLE. AND
2 YOU DETERMI NE WHAT' S FAI R AND J UST.
3 NOW, MI CHAEL' S MOTHER WAS THERE FOR HI M ALWAYS.
4 WHEN HE WAS ACCUSED I N THE CRI MI NAL, WHEN HE WENT TO
5 TRI AL, HI S MOM WAS THERE EVERY DAY. WHEN HE WAS HURT,
6 HI S MOM WAS THERE EVERY DAY. WHEN HE WAS BURNED, HI S
7 MOM WAS THERE EVERY DAY. AND HE LOVED HI S MOTHER AS
8 MUCH AS ANYONE COULD LOVE ANYONE' S MOTHER, AND YOU' RE
9 GOI NG TO HEAR TESTI MONY ABOUT THAT.
10 AND THEN YOU' RE GOI NG TO HEAR ABOUT HI S
11 CHI LDREN. MI CHAEL J OSEPH J ACKSON, PRI NCE, 16 YEARS OLD
12 ( I NDI CATI NG) . HE WAS 12 WHEN HI S FATHER DI ED. HE
13 WALKED I NTO THE HOSPI TAL, SAWHI S LI MP BODY THERE AS HE
14 WAS TAKEN TO U. C. L. A. AND MI CHAEL WAS EXTREMELY CLOSE
15 WI TH HI S SON.
16 THI S I S HI S ONLY DAUGHTER, PARI S MI CHAEL
17 KATHERI NE J ACKSON ( I NDI CATI NG) . SHE' S 15 YEARS OLD.
18 SHE WAS 11 WHEN HER FATHER DI ED. AND SHE HAD AN
19 I NSEPARABLE RELATI ONSHI P WI TH HER FATHER.
20 HERE THEY ARE AS YOUNG KI DS, PI CTURES MI CHAEL
21 HAD TAKEN ( I NDI CATI NG) .
22 AND HERE' S PRI NCE, ALSO KNOWN AS BLANKET
23 ( I NDI CATI NG) . HE' S 11 YEARS OLD. HE WAS NI NE YEARS OLD
24 WHEN HI S FATHER DI ED. HE WAS THE YOUNGEST OF THE THREE
25 CHI LDREN. HE WAS RARELY WI THOUT HI S FATHER.
26 HERE I S PRESI DENT CLI NTON WI TH MI CHAEL WHEN
27 BLANKET WAS BORN ( I NDI CATI NG) . AND YOU NOTI CE THAT
28 PARI S I S HOLDI NG HER DADDY' S LEG. THAT' S THE
866 299-5127
2134
1 RELATI ONSHI P THEY HAD.
2 HERE' S A BI RTHDAY PARTY ( I NDI CATI NG) . MI CHAEL
3 J ACKSON LOVED BEI NG A FATHER. HE LOVED TAKI NG CARE OF
4 HI S CHI LDREN. HI S CHI LDREN LOVED HI M. AND NO ONE, NO
5 ONE, WI LL COME I N HERE AND SAY THAT HE WASN' T A GREAT
6 FATHER.
7 NOW, THI S I S A SONG THAT MI CHAEL WROTE ABOUT
8 HI S CHI LDREN. " YOU ARE MY LI FE. " AND I THI NK THAT J UST
9 THI S KI ND OF ENCAPSULATES THE RELATI ONSHI P THAT THEY HAD
10 TOGETHER AND WHAT HAS BEEN LOST, SO I ' M J UST GOI NG TO
11 PLAY I T REAL QUI CK FOR YOU, A FEWPI CTURES, AND THEN
12 I ' LL GO TO THE NEXT AREA. BUT I WANT YOU TO GO BACK AND
13 THI NK ABOUT THE RELATI ONSHI P THEY HAD.
14
15 ( A SONG WAS PLAYED. )
16
17 MR. PANI SH: CHRI STMAS.
18
20
21 MR. PANI SH: J UST LI KE EVERYONE ELSE, MI CHAEL
22 AND HI S CHI LDREN SHARED THE THI NGS OF LI FE. GETTI NG A
23 DOG FOR CHRI STMAS, CELEBRATI NG BI RTHDAY PARTI ES, EATI NG
24 I CE CREAM, GOI NG OUT.
25 AND ONE THI NG YOU' RE GOI NG TO HEAR, THAT
26 MI CHAEL - - YOU KNOW, PEOPLE WOULD SAY, OH, HE' S WEI RD
27 BECAUSE HE HAD HI S KI DS WEAR THESE MASKS. BUT YOU KNOW
28 WHAT YOU' RE GOI NG TO LEARN I S THE REASON HE DI D THAT?
866 299-5127
2135
1 BECAUSE HE WANTED HI S CHI LDREN TO GO OUT ON THEI R OWN,
2 AND NOBODY WOULD RECOGNI ZE THEM. AND THE EVI DENCE OF
3 THAT I S WHEN PARI S STARTED, AFTER HI S DEATH, AT HER NEW
4 SCHOOL, NOBODY RECOGNI ZED HER OR KNEWWHO SHE WAS,
5 BECAUSE HE HAD BEEN SUCH I N THE PUBLI C EYE HI S WHOLE
6 LI FE, AND HE DI DN' T WANT HI S CHI LDREN TO HAVE TO GO
7 THROUGH THAT. WHAT HE DI D, THAT' S THE KI ND OF LOVE HE
8 HAD FOR HI S CHI LDREN.
9 OKAY. I WANT TO TALK ABOUT - - I TOLD YOU
10 THERE' S TWO TYPES OF DAMAGES: ECONOMI C DAMAGES AND
11 NONECONOMI C DAMAGES.
12 AND I N THI S CASE, I SAI D THAT WE HAD EXPERTS
13 THAT TOOK THE FI GURES, ONE OF THE TOP EXPERTS AROUND,
14 AND MADE AN ANALYSI S OF WHAT MI CHAEL' S ECONOMI C LOSS,
15 WHAT WOULD HE EARN. AND, YOU KNOW, WE ALL THOUGHT I T
16 WOULD BE A LOT.
17 SO I N THI S CASE THERE' S TWO TYPES OF DAMAGES:
18 NONECONOMI C, AND THAT' S FOR THE LOSS OF THE LOVE, CARE,
19 COMFORT, SOCI ETY AND AFFECTI ON. OKAY. THERE' S NO SET
20 STANDARD. YOU DECI DE THAT BASED ON THE EVI DENCE.
21 THERE' S ALSO WHAT' S CALLED SPECI AL OR ECONOMI C
22 DAMAGES. AND WE HAVE TAKEN THE FI GURES THAT A. E. G. WAS
23 USI NG, MADE SOME EXTRAPOLATI ONS. AND YOU' VE HEARD THAT
24 A. E. G. WI LL SAY ALL THE DAMAGES ARE SPECULATI VE.
25 MI CHAEL J ACKSON WOULD HAVE NO DAMAGES. HE WOULD NEVER
26 EARN ANYTHI NG THE REST OF HI S LI FE, AND HE WAS THROUGH,
27 AND HI S CAREER WAS OVER. YET THEY I NVESTED ALL THI S
28 MONEY.
866 299-5127
2136
1 NOW, EARLI ER I N THI S CASE, WE MADE A
2 PROJ ECTI ON, AN ESTI MATE OF WHAT WE THOUGHT THE LOSS
3 WOULD BE. AND THE SPECI AL DAMAGES HERE - - NOW,
4 REMEMBER, THERE' S ONLY ONE LOSS OF I NCOME. I T' S ONE
5 AMOUNT. AND THEN I T HAS TO BE DI VI DED UP AMONG THE
6 PLAYERS. SO THI S I S WHAT THE DEFENDANTS HAVE MADE UP,
7 SO I WANTED TO SHARE I T WI TH YOU.
8 THEY' RE ALLEGI NG - - OR THEY' RE TRYI NG TO ALLEGE
9 THAT WE' RE TRYI NG TO RECOVER $40 BI LLI ON I N SPECI AL
10 DAMAGES. YOU SEE THAT? 10 BI LLI ON. THERE' S ONLY ONE
11 AWARD OF SPECI AL DAMAGES, AND THI S WAS DONE TWO YEARS
12 AGO AT $10 BI LLI ON. BUT THAT' S NOT WHAT I T I S I N THI S
13 CASE, BUT THEY WANT TO KEEP BRI NGI NG THAT UP.
14 J UST LI KE I N THI S CASE, MR. PUTNAM AND HI S
15 LAWYERS WERE BLAMI NG KATHERI NE J ACKSON FOR THE DEATH OF
16 MI CHAEL. THEY WERE DOI NG THAT ALL THE WAY UP TO THE
17 BEGI NNI NG OF THI S TRI AL. THEY WERE SAYI NG KATHERI NE
18 J ACKSON I S RESPONSI BLE FOR THE DEATH OF MI CHAEL J ACKSON.
19 AND THEY DROPPED THAT CLAI M.
20 SO I N THI S CASE - - SO THEY COULD GET UP AND TRY
21 TO ATTACK US, TRYI NG TO SAY WE WANT $40 BI LLI ON. THAT' S
22 NOT TRUE.
23 THE EVI DENCE WI LL SHOWI N THI S CASE, BASED ON
24 THE EXPERT PROJ ECTI ONS, I T' S ABOUT $1. 5 BI LLI ON OF WHAT
25 HE WOULD HAVE EARNED. NOW, YOU HAVE TO ASSESS THAT, AND
26 YOU DECI DE WHAT YOU THI NK I S BASED ON THE EVI DENCE AND
27 REASONABLE. THAT' S J UST FOR HI S LOSS OF I NCOME.
28 FOR THE CHI LDREN AND THE MOTHER, YOU DECI DE THE
866 299-5127
2137
1 AMOUNT THAT YOU THI NK I S FAI R AND REASONABLE BASED ON
2 THE EVI DENCE.
3 BUT FOR THEM TO SAY, OH, 40 BI LLI ON, 50
4 BI LLI ON, THAT' S J UST NOT TRUE. THEY KNOWWHAT THE
5 EVI DENCE I S. 1. 5 BI LLI ON I S THE ECONOMI C, TO 1. 7; THEY
6 SAY I T' S ZERO. YOU' RE GOI NG TO HAVE TO ASSESS AND
7 DETERMI NE WHAT WAS LOST. THAT' S UP TO YOU. WHATEVER I
8 SAY DOESN' T MATTER. I T' S WHATEVER YOU THI NK I S FAI R AND
9 J UST BASED ON THE EVI DENCE.
10 SO LET' S CONTI NUE ON.
11 ALL RI GHT. NUMBER ONE, A. E. G. I S GOI NG TO TELL
12 YOU THAT THEY NEVER HI RED DR. CONRAD MURRAY; THAT
13 THERE' S NO SI GNED CONTRACT.
14 WELL, FI RST OF ALL, AS I TOLD YOU EARLI ER,
15 THERE COULD BE MANY KI NDS OF CONTRACTS, I NCLUDI NG AN
16 ORAL CONTRACT, WHERE YOU AGREE TO DO SOMETHI NG, AND
17 SOMEONE ELSE AGREES TO DO SOMETHI NG. AND I N THI S CASE,
18 DR. MURRAY ENTERED I NTO AN ORAL CONTRACT, BASED ON THE
19 EVI DENCE OF A. E. G. , AND WORKED FOR A. E. G. THEY WERE
20 SUPPOSED TO PAY HI M, BUT WHAT DI D THEY DO? THEY STI FFED
21 HI M. THEY NEVER PAI D.
22 DURI NG THE TI ME, MI CHAEL J ACKSON' S SON SAW
23 MI CHAEL GI VE SOME $100 BI LLS TO DR. MURRAY BECAUSE HE
24 WAS HERE FROM LAS VEGAS WORKI NG, AND A. E. G. WOULDN' T PAY
25 HI M. NOW, THEY' LL SAY WE DON' T PAY ANYONE WI THOUT A
26 WRI TTEN CONTRACT. THAT' S NOT TRUE, AND WE' LL SHOWYOU
27 THAT.
28 NOW, FI RST OF ALL, HERE ARE THE TERMS, MAY 8TH
866 299-5127
2138
1 ( I NDI CATI NG) . THI S I S MR. WOOLLEY WRI TI NG TO
2 DR. MURRAY. OF COURSE, ALL I NTERNET OR E- MAI L OR ON THE
3 PHONE, NO FACE TO FACE.
4 CONTRACTI NG PARTY I S G. C. A. - - THAT' S
5 DR. MURRAY' S ENTI TY - - MODE OF TRAVEL, HOWHE' S GOI NG TO
6 TRAVEL, WHERE HE' S GOI NG TO STAY, WHERE HE' S GOI NG TO
7 STAY, HE SAYS HE NEEDS A HOME- BASED EXTRACORPOREAL
8 C. P. R. UNI T. OKAY. THAT OUGHT TO RAI SE A RED FLAG.
9 YOU' LL HEAR ABOUT THAT. I NSURANCE, AND 150, 000 A MONTH
10 PAYABLE MI D MONTH.
11 AND DR. MURRAY WRI TES BACK AND SAYS:
12 " I ' M BASI CALLY I N AGREEMENT
13 AND REI TERATE YOUR MEMO I S CORRECT
14 PURSUANT TO OUR CONVERSATI ON OF
15 MAY 8TH. "
16 I T GOES ON TO SAY:
17 " AS FOR GOOD FAI TH WI TH MY
18 CLI ENT, I AM SURE THAT YOU ARE AWARE
19 THAT MY SERVI CES ARE ALREADY FULLY
20 ENGAGED WI TH MR. J ACKSON AS OF
21 MAY 1ST. "
22 HE' S ALREADY WORKI NG THERE. AND:
23
25
26 MR. PANI SH: NOW, THAT' S RANDY PHI LLI PS; OKAY?
27 THEY' RE GOI NG TO GET UP HERE AND SAY, " WE NEVER HI RED
28 DR. MURRAY. "
866 299-5127
2139
1 AFTER MI CHAEL DI ED, BEFORE ANY LAWYERS WERE
2 I NVOLVED, BEFORE ANY LAWSUI T, MR. PHI LLI PS GAVE AN
3 I NTERVI EW, AND THERE' S MORE I N NEWSPAPERS. AND BEFORE
4 HE WAS I N THI S CASE, WHAT DI D HE SAY?
5
7
8 MR. PANI SH: BUT NOWTHEY' RE GOI NG TO TELL YOU,
9 NO, THAT DOESN' T REALLY MEAN WHAT HE SAI D. J UST LI KE
10 MR. GONGAWARE' S E- MAI LS DON' T MEAN WHAT THEY SAY, AND
11 THEY CREATED LEGAL TECHNI CAL DEFENSES THEY WANT TO BRI NG
12 UP I N COURT.
13 HERE' S ANOTHER ONE. THEY WANT TO TRY TO SHOW
14 YOU PART OF AN I NTERVI EWTHAT DR. MURRAY DI D.
15 REMEMBER I TOLD YOU THE POLI CE GOT I NVOLVED?
16 THEY SEARCHED DR. MURRAY' S CAR. THEY FOUND A CONTRACT
17 AND THE CARD OF MR. PHI LLI PS, THAT' S I T, I N THE BMW.
18 AND THEN DR. MURRAY GAVE AN EXTENSI VE I NTERVI EWAT THE
19 POLI CE DEPARTMENT.
20 NOW, WE' LL SEE I F HE COMES HERE TO TALK ABOUT
21 I T, BUT THI S I S PART OF WHAT THEY' RE GOI NG TO TRY TO SAY
22 SUPPORTS WHAT THEY SAY. AND I F YOU LOOK AT I T HERE,
23 THI S I S DR. MURRAY. FI RST OF ALL, A. E. G. I S NOT EVEN
24 I NVOLVED.
25 " I ' M SURE YOU GUYS HAVE HEARD
26 THE NEWS. THE NEWS I S REPORTI NG YOU
27 DON' T WORK FOR J ACKSON, YOU WORK FOR
28 A. E. G. CORRECT OR I NCORRECT?"
866 299-5127
2140
1 DR. MURRAY: " HOWDO I DEFI NE THAT?
2 WELL, MR. J ACKSON ASKED ME TO BE ON
3 HI S TEAM. I WAS TALKI NG TO
4 MR. J ACKSON MYSELF. HE OFFERED ME
5 EMPLOYMENT, AND I WAS OF THE OPI NI ON
6 THAT HE WOULD BE MY EMPLOYER
7 DI RECTLY.
8 " SUBSEQUENTLY" - - THI S I S NOT UNDERLI NED.
9 " SUBSEQUENTLY TO ACCEPTI NG THAT, I
10 REALI ZED A. E. G. WOULD BE THE ONE
11 PAYI NG FOR THE SALARY THAT HE
12 REQUESTED, SO THEI R ARRANGEMENT, AS
13 FAR AS WHAT THEY WOULD FI NANCE ME. "
14 SO HE' S WORKI NG, TAKI NG CARE OF MI CHAEL
15 J ACKSON. A. E. G. HI RED HI M, A. E. G. AGREED TO PAY HI M.
16 THEY SAI D THEY DI DN' T PAY HI M, BECAUSE THEY STI FFED HI M.
17 BUT LOOK AT THI S. I ' LL GO BACK.
18 THI S I S THE TOUR BUDGET ( I NDI CATI NG) . I N THE
19 BUDGET THEI RS' S 1. 5 MI LLI ON, 150, 000 A MONTH FOR
20 DR. MURRAY. THAT' S I N THE TOUR BUDGET. MAY 8TH, RI GHT
21 WHEN DR. MURRAY AGREED TO THE THI NG. HE GOES, ALL
22 RI GHT. WE' RE AGREED. HE WRI TES BACK. THEY PUT I T I N
23 THE TOUR BUDGET. BUT THEY SAY NOW, OH, WE DI DN' T HAVE A
24 CONTRACT.
25 THEN DR. MURRAY WRI TES TO MR. WOOLLEY:
26 " I HAVE PERFORMED AND CONTI NUE
27 TO FULFI LL MY SERVI CES I N GOOD
28 FAI TH. "
866 299-5127
2141
1 THEN THEY START SENDI NG DRAFT WRI TTEN
2 AGREEMENTS TO DR. MURRAY, WHI CH REFLECT THE TERMS OF THE
3 EXI STI NG ORAL CONTRACT THAT HE' S WORKI NG UNDER.
4 AND THI S I S MR. WOOLLEY, WORKI NG FOR A. E. G. ,
5 SAYS:
6 " I ' M SORRY FOR THE DELAY I N
7 GETTI NG THI S TO YOU. HOPE THAT YOUR
8 I NPUT AND COMMENTS CAN DI SPOSE OF
9 THI S QUI CKLY, AND ARRANGEMENT FOR
10 PAYMENTS OF MAY AND J UNE" - - AND THI S I S DATED
11 J UNE 15TH. SO DR. MURRAY' S WORKI NG SI X WEEKS ALREADY.
12 THEY' RE ACKNOWLEDGI NG THAT. AS SOON AS HE SI GNS I T,
13 THEY SAY THEY' LL PAY HI M. BUT HE WAS WORKI NG.
14 AND HERE' S THE DRAFT AGREEMENT ( I NDI CATI NG) .
15 AND LOOK WHO I T' S BETWEEN? A. E. G. AND G. C. A. , WHI CH I S
16 DR. MURRAY' S ENTI TY I N NEVADA. AND THE SCOPE OF HI S
17 SERVI CES WERE THAT THE PRODUCER - - THAT' S A. E. G. - -
18 HEREBY ENGAGES DR. MURRAY. AND DR. MURRAY AGREES THAT
19 HE WI LL PROVI DE GENERAL MEDI CAL SERVI CE TO MR. J ACKSON
20 THROUGH THE TERMS OF THE CONTRACT PROFESSI ONALLY, ET
21 CETERA.
22 THE TERM. THE TERM SHALL COMMENCE MAY 1ST, BUT
23 THI S I S DRAFTED J UNE 16TH, BECAUSE THEY KNEWHE WAS
24 ALREADY WORKI NG. THEY KNEW.
25 COMPENSATI ON. 150, 000 A MONTH.
26 THEY' RE GOI NG TO GI VE HI M ALL THI S MEDI CAL
27 EQUI PMENT. I S THAT A RED FLAG? THEY' RE GOI NG TO GI VE
28 HI M A C. P. R. MACHI NE, CATHETER, SALI NE, NEEDLES, GURNEY
866 299-5127
2142
1 AND OTHER MUTUALLY- APPROVED MEDI CAL EQUI PMENT TO
2 ADMI NI STER PROPOFOL.
3 BUT THEY KNEW. THI S I S THEI R AGREEMENT. THEI R
4 LAWYER WAS WRI TI NG THI S UP, WORKI NG WI TH DR. MURRAY.
5 AND THEN I T SAYS THAT THI S I S WHAT DR. MURRAY
6 HAD TO DO: PERFORM SERVI CES REQUESTED BY THE PRODUCER.
7 NOT BY MR. J ACKSON, BY THE PRODUCER, A. E. G. LI VE. THAT
8 HE HAD TO BE PRESENT, OR PRODUCE WI THI N TWO WEEKS OF HI S
9 AGREEMENT, LI CENSES. HE HAD TO PRESENT NO LATER THAN
10 J ULY 3RD PROOF HE COULD WORK I N THE UK WHERE THE CONCERT
11 WAS GOI NG TO BE.
12 AND THEN I T SAYS THAT THEY COULD TERMI NATE HI M
13 I MMEDI ATELY FOR CAUSE FOR FAI LURE TO PERFORM THE
14 SERVI CES OR I MMEDI ATELY I F THE CONCERT SERI ES I S
15 CANCELED OR POSTPONED. THERE' S THE CONFLI CT. I F I T' S
16 STOPPED OR POSTPONED, THEY COULD I MMEDI ATELY FI RE HI M,
17 AND HE DOESN' T GET THE 150, 000 A MONTH ANYMORE.
18 SURPRI SE, SURPRI SE.
19 AND THEN DR. MURRAY SI GNS I T THE DAY BEFORE
20 MI CHAEL DI ES, SENT I T BACK TO A. E. G. , AND I T' S FOUND I N
21 HI S CAR WHEN THE POLI CE SEARCH I T. BUT THEY' RE GOI NG TO
22 SAY THEY NEVER HI RED DR. MURRAY; THAT HE ONLY WORKED FOR
23 MR. J ACKSON, WHI CH I S TRUE, HE PROVI DED SERVI CES TO
24 MI CHAEL J ACKSON. BUT THEY HI RED HI M. YOU HEARD
25 MR. PHI LLI PS. THEY WERE SUPPOSED TO PAY HI M, AND THEY
26 STI FFED HI M.
27 AND THEN THEY SAY, WELL, WE DI DN' T PAY HI M,
28 BECAUSE WE DI DN' T HAVE A WRI TTEN CONTRACT. OH, REALLY?
866 299-5127
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1 WELL, WE TALKED ABOUT THE VARI OUS VERSI ONS. BUT I T' S
2 NOT UNUSUAL FOR A. E. G. TO PAY A LOT OF PEOPLE THAT
3 DI DN' T HAVE WRI TTEN CONTRACTS.
4 MR. ORTEGA WAS RENDERI NG SERVI CES I N APRI L OF
5 ' 09. HE DI DN' T HAVE A WRI TTEN CONTRACT. MR. PAYNE WAS
6 RENDERI NG SERVI CES. HE DI DN' T HAVE A CONTRACT. ALL
7 THESE OTHER PEOPLE, THEY DI DN' T HAVE WRI TTEN CONTRACTS.
8 THEY' RE I NDEPENDENT CONTRACTORS. THEY WERE GETTI NG
9 PAI D. THEY WERE WORKI NG FOR A. E. G. I T' S ONLY WHEN I T' S
10 CONVENI ENT TO SAY WE DI DN' T HAVE A WRI TTEN CONTRACT THAT
11 THEY DO.
12 AND AFTER HE DI ED, AFTER MI CHAEL DI ED, THEY
13 WROTE TO MI CHAEL' S ESTATE. MR. TRELL' S I NVOLVED.
14 THEY' RE TRYI NG TO GET THE MONEY, 300, 000 FOR PAYMENTS TO
15 DR. MURRAY FOR WORK HE PERFORMED DURI NG THOSE MONTHS.
16 THI S I S DATED - - WHAT' S THE DATE ON THI S?
17 MR. BOYLE: J ULY 17TH, 2009.
18 MR. PANI SH: J ULY 17TH, AFTER MI CHAEL' S DEATH,
19 THEY' RE TRYI NG TO GET THE MONEY BACK THAT THEY OWE
20 DR. MURRAY FOR SERVI CES HE PERFORMED FOR SOMEONE THEY
21 SAY THEY NEVER HI RED. I MEAN, WHI CH WAY DO THEY WANT
22 I T?
23 AND THEN, OF COURSE, THEY' RE GOI NG TO SAY THAT
24 THEY NEVER HI RED MURRAY. DR. METZGER TALKED ABOUT THE
25 SLEEP PROBLEM.
26 OH, HERE' S ANOTHER I SSUE THEY' RE GOI NG TO SAY:
27 WELL, MI CHAEL KNEWALL THE RI SKS OF PROPOFOL, AND I T' S
28 ALL HI S FAULT HE DI ED. THEY WANT TO BLAME HI M FOR THAT.
866 299-5127
2144
1 I F THEY DON' T BLAME HI M, THEY' LL BLAME MURRAY.
2 FI RST OF ALL, CHERI LYN LEE TOLD MI CHAEL THAT PROPOFOL
3 CAN BE DANGEROUS. MI CHAEL WAS TOLD BY MURRAY AND OTHERS
4 THAT I F I T' S GI VEN BY A DOCTOR, I T' S OKAY. HE BELI EVED
5 THAT MURRAY WAS QUALI FI ED TO DO I T. HE DOESN' T KNOW.
6 OBVI OUSLY, MURRAY WASN' T QUALI FI ED, BUT HE FELT I T WAS
7 SAFE.
8 NOW, SHOULD HE HAVE BEEN DOI NG I T? PROBABLY
9 NOT. BUT SHOULD MURRAY HAVE EVEN BEEN THERE? NO.
10 OKAY. I MEAN, THERE' S THREE PARTS TO THE STORY, AND
11 THEY' RE ALL I NVOLVED, SOME MORE THAN OTHERS, AND A. E. G.
12 HAD THE POWER TO PREVENT ALL OF THI S FROM OCCURRI NG.
13 AND I F MI CHAEL WAS ASKI NG THESE OTHER DOCTORS
14 FOR PROPOFOL, DR. MURRAY - - THE POI NT OF THI S I S, HE
15 WASN' T GI VI NG ANY PROPOFOL TO MI CHAEL UNTI L AFTER HE HAD
16 THI S AGREEMENT WI TH A. E. G. , AND HE DI DN' T UNTI L AFTER HE
17 HAD THI S AGREEMENT WI TH A. E. G.
18 ALL RI GHT. LET ME SEE HERE. THEY I GNORED ALL
19 THE RED FLAGS. WE TALKED ABOUT THI S. NOW, THI S I S ONE
20 OF THEI R EXPERTS, DR. EARLY. REMEMBER, THEY' RE GOI NG TO
21 BLAME MI CHAEL BECAUSE HE HAD A DEPENDENCY AND ADDI CTI ON,
22 AND THEY' RE GOI NG TO BLAME HI M BECAUSE OF THI S.
23 THI S I S WHAT DR. EARLY SAI D: HE' S DEDI CATED
24 HI S LI FE TO WORKI NG WI TH AND FOR PEOPLE ADDI CTED TO
25 DRUGS, DRUG ADDI CTI ONS AND BI OLOGI CAL DI SEASE, AND HE
26 DOESN' T AGREE TO BLAMI NG THE ACT ON MI CHAEL J ACKSON, AND
27 HE SAI D UNDER OATH I T WOULD BE UNETHI CAL TO BLAME
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1 NOW, I ' M NOT GOI NG TO TELL YOU HE DOESN' T HAVE
2 ANY RESPONSI BI LI TY FOR THI S, BUT HE HAD A DI SEASE THAT
3 THEY KNEWABOUT, AND THEY TOOK ADVANTAGE OF I T.
4 SO ALL THREE CAN SHARE RESPONSI BI LI TY, AND THAT' S WHAT
5 YOU HAVE TO HEAR ABOUT.
6 YOU' RE GOI NG TO HEAR ABOUT MI CHAEL, DR. MURRAY,
7 AND NOBODY' S HEARD ABOUT A. E. G. , AND A. E. G. ' S
8 I NVOLVEMENT AND WHAT OCCURRED. SO THAT I S WHAT THI S
9 CASE I S GOI NG TO BE ABOUT.
10 NOW, ANOTHER POI NT THAT I ' D LI KE TO DI SCUSS
11 WI TH YOU BRI EFLY I S THAT THEY SAI D NOBODY EVER KNEWBUT
12 MI CHAEL AND DR. MURRAY THAT MI CHAEL HAD A PROBLEM AND
13 WHAT WAS GOI NG ON. BUT YOU' VE SEEN ALL THESE E- MAI LS,
14 AND YOU' VE SEEN THAT TESTI MONY. THAT' S NOT WORTHY OF
15 BELI EF.
16 THEY' RE ALSO GOI NG TO SAY MI CHAEL WAS OUT
17 SHOPPI NG, OR DOCTOR SHOPPI NG, WHATEVER THEY WANT TO CALL
18 I T, AND HE DI D SEE A LOT OF DOCTORS, AND HE NEVER DI D
19 USE ANY DRUGS THAT WERE NOT PRESCRI BED BY A PHYSI CI AN.
20 SO, YEAH, HE SAWDR. KLEI N. YES, HE SAWTHESE
21 OTHER DOCTORS. YES, HE HAD A LOT OF PROCEDURES. YES,
22 HE RECEI VED PRESCRI PTI ON MEDI CATI ON. YES, WHEN HE WAS
23 ON TOUR, AND HE WAS PREPARI NG FOR TOUR, I T WAS MORE.
24 BUT THE I SSUE I N THI S CASE WI LL BE WHAT A. E. G.
25 DI D, AND WHAT THEY COULD HAVE DONE TO PREVENT I T. AND
26 THEY' RE THE ONES WHO HAD THE ULTI MATE ABI LI TY TO PREVENT
27 I T, AND THEY' RE THE ONES, UNDER THE LAW, THAT HAVE TO
28 ACT REASONABLY I N HI RI NG, RETAI NI NG AND SUPERVI SI NG
866 299-5127
2146
1 SOMEONE AND TO ENSURE THAT THEY' RE FI T AND COMPETENT FOR
2 THE J OB THEY' RE SUPPOSED TO DO.
3 NO DOCTOR EVER GAVE MI CHAEL PROPOFOL I N A HOME
4 SETTI NG UNTI L DR. MURRAY CAME ON THE SCENE. AND
5 DR. MURRAY HAD HI S OWN FI NANCI AL I SSUES. AND NOBODY
6 WOULD EVER DO THAT UNTI L DR. MURRAY WAS BROUGHT I NTO THE
7 FOLD AND PAI D 150, 000 - - OR HE WAS GOI NG TO BE PAI D, HE
8 NEVER GOT PAI D - - BY A. E. G.
9 AND THAT, REALLY, I S WHAT I T' S GOI NG TO COME
10 DOWN TO: WHAT DI D A. E. G. DO, AND WHAT COULD THEY HAVE
11 DONE TO PREVENT THI S? WE ALL KNOWDR. MURRAY PAI D HI S
12 PRI CE, MI CHAEL PAI D THE ULTI MATE PRI CE I N LOSI NG HI S
13 LI FE, BUT A. E. G. I S THE ONE THAT HAS NOT ACCEPTED ANY
14 RESPONSI BI LI TY. THEY' LL GET UP HERE AND DENY
15 EVERYTHI NG. THEY DI DN' T DO ANYTHI NG. I T' S ALL SOMEBODY
16 ELSE' S FAULT, AND THAT' S THE POSI TI ON THEY' VE TAKEN.
17 SO WE' RE LOOKI NG FOR TWO THI NGS I N THI S CASE:
18 NUMBER ONE, TRUTH. WE WANT THE TRUTH TO COME OUT, WHAT
19 REALLY HAPPENED, WHAT A. E. G. ' S I NVOLVEMENT WAS I N THI S.
20 AND THAT' S GOI NG TO HAPPEN. AND YOU' RE GOI NG TO SEE THE
21 EVI DENCE, AND YOU' RE GOI NG TO DECI DE THE CASE ON THAT.
22 AND NUMBER TWO I S J USTI CE. AND J USTI CE, I N OUR
23 SYSTEM - - WE CAN' T BRI NG MI CHAEL BACK - - BUT J USTI CE I S
24 FAI R COMPENSATI ON FOR WHAT HAS BEEN LOST BY HI S MOTHER
25 AND HI S THREE CHI LDREN FI NANCI ALLY FROM THE SUPPORT THAT
26 HE WOULD HAVE PROVI DED THROUGH HI S FUTURE WORK AND
27 EARNI NGS, AND WHAT THEY HAVE LOST EMOTI ONALLY,
28 PSYCHOLOGI CALLY FROM THE LOSS OF A SON AND THE LOSS OF A
866 299-5127
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FATHER.
AND NOWI I NVI TE YOU TO LI STEN TO COUNSEL.
HE' S TOLD US HE WI LL SPEAK. WE HAVE LI MI TATI ONS, TWO
AND A HALF HOURS ONLY, AND I THI NK I FI NI SHED EARLY.
SO I APPRECI ATE YOUR ATTENTI ON, I KNOWI T' S HOT
I N HERE, AND I THANK YOU.
THE COURT: THANK YOU.

866 299-5127
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THE COURT: THANK YOU.
OPENI NG STATEMENT ON BEHALF OF THE DEFENDANTS.
MR. PUTNAM: CAN WE TAKE A FI VE- MI NUTE BREAK,
YOUR HONOR, TO GET READY?
THE COURT: I ' LL TAKE A BREAK AT 3: 00.
MR. PUTNAM: OKAY. THEN THAT' S NO.
MAY I T PLEASE THE COURT?
THE COURT: YES.
MR. PUTNAM: THANK YOU, YOUR HONOR.
OPENI NG STATEMENT
MR. PUTNAM: GOOD AFTERNOON, EVERYONE.
THE J URY: GOOD AFTERNOON.
MR. PUTNAM: AS YOU KNOW, AT THI S POI NT I
REPRESENT THE DEFENDANTS, AND MY NAME I S MARVI N PUT-
NAM.
NOW, WI TH ME, AS YOU NOTI CED, THERE ARE A
COUPLE OTHER PEOPLE YOU' LL BE SEEI NG OVER THE NEXT
SEVERAL WEEKS.
REMEMBER I I NTRODUCED YOU J ESSI CA STEBBI NS BI NA
( I NDI CATI NG) . OVER HERE, SABRI NA STRONG ( I NDI CATI NG) ,
AND KATHRYN CAHAN ( I NDI CATI NG) .
866 299-5127
2148
1 TOGETHER WE' RE GOI NG TO BE BRI NGI NG THE DEFENSE
2 I N THI S MATTER TO YOU. AND THAT' S A DEFENSE OF VARI OUS
3 DEFENDANTS.
4 AS I TOLD YOU AT THE VERY BEGI NNI NG OF ALL
5 THI S, I T' S A. E. G. LI VE, WHI CH I S A CONCERT PROMOTER;
6 THERE' S A PRODUCTI ON UNI T OF THAT CALLED A. E. G.
7 PRODUCTI ON; AND TWO OF THE EXECUTI VES THERE, PAUL
8 GONGAWARE AND RANDY PHI LLI PS.
9 AND I ' VE ALSO I NTRODUCED YOU AT THE BEGI NNI NG
10 OF ALL THI S, AND YOU' VE HEARD HI M REFERENCED MANY TI MES,
11 THI S I S SHAWN TRELL. HE I S A SENI OR EXECUTI VE AT A. E. G.
12 LI VE.
13 NOW, LADI ES AND GENTLEMEN, YOU HEARD A LOT OF
14 STUFF OVER THE LAST TWO HOURS. AND I F YOU REMEMBER, ONE
15 OF THE THI NGS I ASKED YOU TO DO DURI NG VOI R DI RE I S
16 LI STEN FOR THE EVI DENCE. LOOK AT THE ACTUAL EVI DENCE,
17 NOT THE ARGUMENT THAT I S MADE.
18 WHEN YOU ARGUE WHAT SOMETHI NG SAYS - - BUT I T' S
19 UP TO YOU TO LOOK AT WHAT I T ACTUALLY SAYS, AND THAT' S
20 WHAT I ' M GOI NG TO TRY TO GO THROUGH WI TH YOU A LI TTLE
21 BI T OVER THE NEXT TWO AND A HALF HOURS. I ' M GOI NG TO GO
22 THROUGH WHAT I THI NK THE EVI DENCE I S GOI NG TO BE, AND
23 I ' M GOI NG TO SHOWYOU THE ACTUAL EVI DENCE, NOT J UST TALK
24 ABOUT I T.
25 I ' M GOI NG TO TRY TO SHOWI T TO YOU SO YOU CAN
26 SEE WHAT I T I S. AND THI S I S I MPORTANT, BECAUSE YOUR
27 TASK OVER THE NEXT SEVERAL WEEKS I S TO LOOK OVER THE
28 EVI DENCE AND DECI DE FOR YOURSELF WHAT I T MEANS, NOT WHAT
866 299-5127
2149
1 SOMEBODY ELSE SAYS I T MEANS.
2 SO, FOR EXAMPLE, YOU WERE SHOWN SOMETHI NG THAT
3 SAI D, " AN AGREEMENT I S REACHED, " AND YOU WERE TOLD THE
4 DEAL WAS DONE, AND THEY CI TED TO AN E- MAI L. I F YOU LOOK
5 AT THE E- MAI L, THAT' S NOT WHAT I T SAI D. AND THAT' S WHAT
6 - - SO PLEASE LI STEN CAREFULLY TO WHAT PEOPLE SAY AND
7 WHAT THEY SHOWYOU I S THE ACTUAL EVI DENCE.
8 AND, LADI ES AND GENTLEMEN, WHAT I BELI EVE THE
9 EVI DENCE I S GOI NG TO SHOWYOU OVER THE NEXT SEVERAL
10 WEEKS, PROBABLY THE NEXT COUPLE MONTHS, I HAVE TO SAY,
11 I S THI S CASE I S ABOUT THE CHOI CES WE MAKE. AND WI TH THE
12 CHOI CES THAT WE MAKE, THERE' S PERSONAL RESPONSI BI LI TY
13 THAT COMES WI TH THEM. BECAUSE WE MAKE OUR OWN CHOI CES,
14 AND WHEN WE MAKE OUR OWN CHOI CES, THERE' S A PERSONAL
15 RESPONSI BI LI TY THAT GOES WI TH THAT. AND I THI NK I F YOU
16 LOOK OVER THE NEXT SEVERAL MONTHS, THAT' S WHAT THI S I S
17 REALLY ABOUT.
18 I T' S ALSO A CASE ABOUT WHAT I S PUBLI C AND WHAT
19 I S PRI VATE. YOUR PUBLI C WORLD AND YOUR PRI VATE WORLD.
20 WHAT WE SHOWTO THE WORLD, AND WHAT WE MAKE SURE THE
21 WORLD NEVER SEES.
22 AND AS YOU WI LL SEE WI TH MI CHAEL J ACKSON, THE
23 PUBLI C AND THE PRI VATE WERE TWO VERY, VERY DI FFERENT
24 WORLDS. THE EVI DENCE I S GOI NG TO SHOWYOU THAT.
25 NOW, THE PUBLI C MI CHAEL J ACKSON. THE MI CHAEL
26 J ACKSON THAT WAS SEEN AND KNOWN BY HI S FANS, BY HI S
27 FAMI LY, AND BY THOSE WHO WORKED WI TH HI M, THE PUBLI C
28 MI CHAEL J ACKSON WAS VERY DI FFERENT FROM THE PRI VATE
866 299-5127
2150
1 MI CHAEL J ACKSON. THI S I S A MI CHAEL J ACKSON WHO
2 J EALOUSLY GUARDED HI S PRI VACY AND HI S PRI VATE DEMONS.
3 MI CHAEL J ACKSON WHO ERECTED A WALL. AND YOU' LL HEAR
4 EVI DENCE ABOUT THI S. HE ERECTED A WALL BETWEEN HI M AND
5 HI S FAMI LY, BETWEEN HI M AND THE STAFF WHO WORKED AT HI S
6 HOUSE, AND CERTAI NLY BETWEEN HI M AND THE PEOPLE HE
7 WORKED WI TH.
8 AND I T WAS MI CHAEL J ACKSON WHO MADE SURE THAT
9 THE WORLD DI D NOT KNOWWHAT WAS GOI NG ON WHEN HE WAS NOT
10 ON THE WORLD STAGE. AND HE HAD 40 YEARS TO PERFECT
11 THAT.
12 YOU SAWHOWYOUNG HE WAS. HE WAS A MERE CHI LD
13 WHEN HE STARTED, AND HE HAD A VERY PUBLI C LI FE. AND
14 OVER THE COURSE OF 40 YEARS, HE LEARNED VERY WELL THE
15 COST OF HAVI NG THI NGS EXPOSED TO THE PUBLI C, AND HE KNEW
16 VERY WELL HOWTO ENSURE THI NGS DI DN' T COME OUT I N THE
17 PUBLI C. AND THAT' S WHAT A LOT OF THI S CASE WI LL BE
18 ABOUT, AND YOU' LL SEE I T. MI CHAEL J ACKSON KNEWVERY
19 WELL HOWTO ENSURE THAT HI S PUBLI C LI FE AND HI S PRI VATE
20 LI FE WERE KEPT APART.
21 NOW, THAT ALL CHANGED. I T CHANGED ON
22 J UNE 25TH, 2009. WE' VE HEARD A LOT OF THI NGS SAI D TODAY
23 ABOUT WHAT DEFENDANTS ARE GOI NG TO DO, AND THEY' RE GOI NG
24 TO SHOWSOME UGLY STUFF. YOU KNOWWHAT? WE ARE GOI NG
25 TO SHOWSOME UGLY STUFF. I T' S REALLY TRUE. AND YOU
26 WANT TO KNOWWHY? BECAUSE A. E. G. LI VE, RANDY PHI LLI PS,
27 PAUL GONGAWARE, THEY HAVE BEEN PERSONALLY SUED FOR
28 MI CHAEL J ACKSON' S DEATH. AND AS A RESULT, THEY HAD TO
866 299-5127
2151
1 GO AND FI ND OUT WHAT REALLY HAPPENED. AND AS YOU WI LL
2 SEE OVER THE COURSE OF THE NEXT FEWMONTHS, I T' S NOT A
3 PRETTY PI CTURE; ALL RI GHT? THEY DON' T PRETEND I T I S.
4 THEY' RE NOT GOI NG TO RUSH I NTO THI S COURTROOM TO SHOW
5 YOU, THEY HAVE TO, TO DEFEND THEMSELVES ABOUT WHAT WAS
6 PUBLI C AND KNOWN, AND WHAT WAS PRI VATE AND TOTALLY
7 UNKNOWN.
8 MR. J ACKSON DI ED TRAGI CALLY. WE ALL KNOWI T' S
9 ONE OF THOSE BI G EVENTS. I N A LI FETI ME, I CAN THI NK OF
10 THE SPACE SHUTTLE BLOWI NG UP. I CAN THI NK OF PRESI DENT
11 KENNEDY, MARTI N LUTHER KI NG BE ASSASSI NATED. I CAN
12 THI NK OF PRI NCESS DI ANA DYI NG I N THE TUNNEL I N PARI S.
13 I T' S A PUBLI C EVENT THAT PEOPLE KNOWWHERE THEY WERE,
14 HOWTHEY FOUND OUT, WHAT HAPPENED. AND MI CHAEL J ACKSON
15 WAS ONE OF THOSE EVENTS. SOME PEOPLE CAN TELL YOU WHERE
16 THEY WERE, OR HOWTHEY FOUND OUT.
17 AND WHY I S THAT? BECAUSE HE WAS HUGE. HE WAS
18 A HUGE PUBLI C FI GURE. HE WAS HUGELY TALENTED, AND HE
19 LI VED I N FRONT OF US OUR ENTI RE LI VES.
20 AND THE PUBLI C MOURNI NG AS A RESULT OF THAT
21 TRAGI C DEATH - - I WANT TO BE CLEAR ABOUT THAT AS WELL.
22 YOU WI LL NEVER HEAR A. E. G. SAY ANYTHI NG BUT THAT I T WAS
23 TRAGI C. HOWWOULD I T NOT BE? HE I S ONE OF THE GREATEST
24 ENTERTAI NERS THAT WE WI LL SEE I N OUR LI FETI ME. HE HAD
25 THREE SMALL CHI LDREN, HE HAD A LARGE EXTENDED FAMI LY.
26 HE WI LL LI VE ON FOREVER. I T WAS AN I NCREDI BLY TRAGI C
27 ENDI NG, AND I T WAS CERTAI NLY TRAGI C HERE, AND NO ONE I S
28 GOI NG TO SAY OTHERWI SE.
866 299-5127
2152
1 AND THE PUBLI C MOURNI NG WAS MASSI VE. HE WAS
2 BELOVED AROUND THE WORLD. BUT YOU KNOWWHAT? I T WI LL
3 BE MORE THAN TWO MONTHS BEFORE WE WOULD FI ND OUT WHAT
4 HAD ACTUALLY CAUSED MR. J ACKSON' S DEATH.
5 FI RST I T WAS ANNOUNCED THAT HE HAD A HEART
6 ATTACK. LARGE I NVESTI GATI ON ENSUED, AND THEN OVER TWO
7 MONTHS LATER, I T CAME OUT WHAT HAD ACTUALLY HAPPENED.
8 I T TURNED OUT TO BE DRUGS, BUT, UNLI KE WI TH OTHER
9 CELEBRI TI ES, I T WASN' T FROM A DRUG YOU' D EVER HEARD OF
10 BEFORE UNLESS YOU WERE A DOCTOR, A NURSE, OR A VERY
11 HI GHLY- TRAI NED MEDI CAL PROFESSI ONAL.
12 THAT' S BECAUSE MR. J ACKSON HADN' T DI ED FROM
13 HEROI N OR PAI NKI LLERS OR ANY OF THE OTHER DRUGS YOU' VE
14 EVER HEARD OF AND/ OR ASSOCI ATED WI TH A CELEBRI TY
15 OVERDOSE. NO. MR. J ACKSON HAD DI ED OF AN OVERDOSE OF
16 SOMETHI NG CALLED PROPOFOL.
17 AND I SUSPECT THAT ALMOST NONE OF YOU HAD HEARD
18 OF PROPOFOL BEFORE. I N FACT, THE WORLD HAD NOT HEARD OF
19 PROPOFOL BEFORE. AGAI N, I F YOU HEARD OF I T, I T WAS
20 BECAUSE YOU WERE A VERY HI GHLY- TRAI NED MEDI CAL
21 PROFESSI ONAL.
22 WHY I S THAT? BECAUSE I T' S ANESTHETI C, NOT A
23 PAI NKI LLER. I T' S NOT ONE OF THOSE. I T' S AN ANESTHETI C
24 AND SOMETHI NG ONLY ADMI NI STERED TO PATI ENTS BY HI GHLY-
25 TRAI NED ANESTHESI OLOGI STS. HAVE TO BE AN
26 ANESTHESI OLOGI ST TO GI VE I T. I T' S DONE I N A HOSPI TAL
27 SETTI NG, AND I T' S ONLY DONE TO PATI ENTS TO PUT THEM TO
28 SLEEP, USUALLY FOR SURGERY. YOU HEARD I T NOTED, I F
866 299-5127
2153
1 YOU' RE GOI NG FOR SURGERY, YOU PROBABLY HAD PROPOFOL.
2 AND NONE OF THESE WERE THE CASE FOR
3 MR. J ACKSON. HE WASN' T I N A HOSPI TAL; HE WASN' T WI TH AN
4 ANESTHESI OLOGI ST; HE WASN' T HAVI NG SURGERY. NONE OF
5 THOSE WERE THE CASE HERE. NONE OF THOSE ACTUAL THI NGS
6 THAT WOULD BE RED FLAGS TO WARN THAT SOMETHI NG LI KE THAT
7 WAS GOI NG ON.
8 AND SO, AS WI TH MR. J ACKSON' S LI FE,
9 MR. J ACKSON' S DEATH WAS ANYTHI NG BUT TYPI CAL. DI ED OF
10 PROPOFOL, SOMETHI NG WE HAD NEVER HEARD OF BEFORE.
11 NOW, FOLLOWI NG THI S ANNOUNCEMENT, AND AS A
12 RESULT OF THI S ANNOUNCEMENT, MR. J ACKSON' S DEATH WAS
13 RECLASSI FI ED, AND I T WAS NOWCLASSI FI ED AS A HOMI CI DE.
14 AND TWO YEARS LATER, MR. J ACKSON' S PERSONAL PHYSI CI AN,
15 DR. CONRAD MURRAY, WAS FOUND GUI LTY I N A CRI MI NAL COURT
16 OF I NVOLUNTARY MANSLAUGHTER FOR HAVI NG ADMI NI STERED THAT
17 FATAL DOSE OF PROPOFOL TO MR. J ACKSON. HE DI ED BEHI ND
18 LOCKED DOORS I N THE PRI VACY OF MR. J ACKSON' S OWN BEDROOM
19 I N HI S HOME WI TH SECURI TY OUT FRONT. TODAY THAT
20 CONVI CTI ON I S ON APPEAL.
21 BUT BEFORE THAT CONVI CTI ON HAD EVER OCCURRED,
22 KATHERI NE J ACKSON, ON BEHALF OF HERSELF AND
23 MR. J ACKSON' S THREE CHI LDREN, SUED A. E. G. LI VE, A. E. G.
24 PRODUCTI ONS, PAUL GONGAWARE, AND RANDY PHI LLI PS, AND SHE
25 SUED THEM FOR HER SON' S DEATH, AND THAT I S WHY WE' RE
26 HERE TODAY.
27 I N MI CHAEL J ACKSON' S DEATH, AND THE FI LI NG OF
28 THI S LAWSUI T, MR. J ACKSON' S PRI VATE WORLD, THE ONE
866 299-5127
2154
1 PEOPLE DI DN' T KNOWABOUT, GRADUALLY CAME TO LI GHT AS A
2 RESULT OF THE LAWSUI T, THROUGH DI SCOVERY TO FI ND OUT
3 WHAT ACTUALLY HAPPENED.
4 AND AS I T DI D, ONE THI NG BECAME VERY, VERY
5 CLEAR: WHI LE THE WORLD MAY NOT HAVE HEARD OF PROPOFOL,
6 MR. J ACKSON CERTAI NLY HAD. I N FACT, AS THE EVI DENCE
7 WI LL SHOW, AND WATCH THI S OVER THE NEXT SEVERAL WEEKS,
8 THE EVI DENCE I S GOI NG TO SHOWYOU THAT HE HAD BEEN USI NG
9 THAT DRUG FOR YEARS AND YEARS.
10 YOU HEARD A MOMENT AGO I T NEVER HAPPENED BEFORE
11 DR. CONRAD MURRAY WAS THERE, AND ONLY THEN AFTER A. E. G.
12 WAS ASKED TO PAY, TO ADVANCE THE MONI ES FOR HI M. THAT' S
13 WHAT YOU HEARD; RI GHT? YOU' RE GOI NG TO SEE EVI DENCE
14 THAT SHOWS THE TRUTH, WHAT WI LL ACTUALLY COME TO LI GHT,
15 AND THAT I S THAT MR. J ACKSON HAD BEEN ABUSI NG THI S DRUG
16 FOR YEARS, AND ALMOST NO ONE KNEW, NO ONE EVER, EXCEPT
17 FOR THOSE VERY FEWDOCTORS WHO GAVE HI M THE DRUG, AND
18 THOSE FEWOTHERS WHO HE ASKED TO GI VE HI M THE DRUG AND
19 WHO REFUSED.
20 ONE EXPLAI NED I T TO MR. J ACKSON I N NO UNCERTAI N
21 TERMS THAT I T WAS AN I NCREDI BLY DANGEROUS DRUG. THI S I S
22 A DRUG YOU SHOULD ONLY TAKE I N A HOSPI TAL SETTI NG. I T
23 SHOULD ONLY BE GI VEN BY AN ANESTHESI OLOGI ST AND THAT I T
24 COULD KI LL HI M. THEY TOLD HI M THI S, THE DOCTORS WHO
25 REFUSED TO GI VE I T TO HI M.
26 AND AS THE EVI DENCE WI LL SHOW, EXCEPT FOR THESE
27 FEWFOLKS THAT I ' M TALKI NG ABOUT, THE FEWWHO GAVE I T TO
28 HI M, AND THE FEWWHO REFUSED, NO ONE ELSE EVER KNEW
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1 ABOUT MR. J ACKSON' S PROPOFOL ABUSE. WHY? THEY KNEW
2 BECAUSE THEY' RE MEDI CAL PROFESSI ONALS. AND BECAUSE
3 THEY' RE MEDI CAL PROFESSI ONALS, NO ONE ELSE KNEW, BECAUSE
4 THEY WERE BOUND BY PRI VACY. THERE' S A PATI ENT/ DOCTOR - -
5 PATI ENT/ PHYSI CI AN PRI VACY. THEY NEVER TOLD ANYONE.
6 THEY CAN' T. MI CHAEL J ACKSON WAS THEI R PATI ENT, AND THEY
7 WERE HI S DOCTORS. AND AS A RESULT OF THI S, NO ONE EVER
8 KNEWABOUT THI S PROPOFOL ABUSE. YOU HEARD THI S MORNI NG
9 I T HADN' T EVEN STARTED UNTI L MAY OF 2009. THAT' S NOT
10 THE CASE, AND WE' LL SHOWYOU THAT.
11 NOW, A. E. G. LI VE AND THE REST OF THE WORLD KNEW
12 NOTHI NG OF THI S. HOWCOULD THEY? THEY DI DN' T KNOW
13 ANYTHI NG ABOUT THI S DECADE- LONG PROPOFOL ABUSE. AND WHY
14 WOULD A. E. G. LI VE KNOW? THEY' RE A CONCERT PROMOTER.
15 HOWCOULD THEY HAVE KNOWN? THEY DI DN' T MAKE
16 MR. J ACKSON' S MEDI CAL DECI SI ONS EVER, AND YOU' LL LOOK AT
17 THE EVI DENCE. THAT WASN' T FOR THEM TO DO; THAT WAS FOR
18 MR. J ACKSON TO DO I N CONSULTATI ON WI TH HI S DOCTORS.
19 A. E. G. , LI KE EVERYONE ELSE, WAS AN OUTSI DER.
20 I T WAS OUTSI DE OF THAT HOUSE, I T WAS BEYOND THE SECURI TY
21 GATES, I T WAS OUTSI DE. THEY DI DN' T KNOWWHAT HAPPENED
22 BETWEEN MR. J ACKSON AND HI S DOCTORS, AND THEY STOOD ON
23 THE OTHER SI DE OF THAT LOCKED DOOR, J UST LI KE EVERYONE
24 ELSE.
25 AND AS THE EVI DENCE WI LL ALSO SHOWYOU, THERE' S
26 NO WAY THEY COULD HAVE KNOWN. AND WHY DI DN' T THEY KNOW?
27 BECAUSE OF THE NATURE OF PROPOFOL. I T' S NOT LI KE OTHER
28 DRUGS, WHERE YOU LOOK AT SOMEBODY AND THEY' RE J I TTERY,
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1 OR SOMETHI NG' S WRONG, AND YOU LOOK AT THEM AND SAY, OH,
2 I THI NK THEY MUST BE ON SOMETHI NG. YOU CAN' T DO THAT
3 WI TH PROPOFOL.
4 YOU' LL HEAR PEOPLE GET UP AND DESCRI BE PROPOFOL
5 I S LI KE A LI GHT SWI TCH, SOMETHI NG YOU TURN ON, AND
6 SOMETHI NG YOU TURN OFF. AND THE WAY I T WORKS I S,
7 ANESTHESI OLOGI STS WI LL GI VE YOU AN I V, AND THEN THE
8 PROPOFOL I S PUT I N, AND I T WI LL DRI P I NTO YOUR VEI N.
9 AND AS I T DOES SO, YOU WI LL QUI CKLY GO UNDER AND QUI CKLY
10 GO TO SLEEP, AND YOU WI LL CONTI NUE LI KE THAT AS LONG AS
11 THE DRI P CONTI NUES. AND WHEN I T STOPS AND DI SSI PATES
12 FROM YOUR SYSTEM, WHI CH I T DOES VERY QUI CKLY, YOU' LL
13 SEE, YOU' LL WAKE UP. LI KE A LI GHT SWI TCH, I T GOES ON
14 AND GOES OFF. THAT' S WHY PROPOFOL I S SUCH A POPULAR
15 ANESTHETI C. AND WHEN I T FI RST CAME I NTO THE MARKET, I T
16 SWEPT THROUGH ANESTHESI OLOGI STS, BECAUSE I T' S ON, AND
17 I T' S OFF. AND BECAUSE I T' S ON, AND I T' S OFF, UNLESS
18 YOU' RE PRESENT, UNLESS YOU' RE THERE SEEI NG I T HAPPEN,
19 YOU CAN' T KNOWSOMEONE HAS J UST HAD I T. YOU CAN' T SEE
20 SOMEONE LATER I N THE DAY AND SAY, THEY MUST HAVE HAD
21 PROPOFOL EARLI ER. I T DOESN' T WORK THAT WAY. I T' S NOT
22 LI KE OTHER DRUGS.
23 NOW, THE EVI DENCE WI LL SHOW, AS A RESULT, THAT
24 A. E. G. COULD NOT AND DI D NOT HAVE ANY I DEA MR. J ACKSON
25 WAS DOI NG THI S, AND - - I ' M SORRY, STRI KE THAT - - BECAUSE
26 HE DI DN' T DO THI S DURI NG REHEARSAL. HE DI DN' T DO THI S
27 WHEN HE WAS OUT WI TH PEOPLE. NO WAY THEY COULD HAVE
28 SEEN I T. AND AS A RESULT, THEY HAD NO I DEA WHAT WAS
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1 GOI NG ON BEHI ND THE LOCKED DOORS.
2 A. E. G. LI VE I S A CONCERT PROMOTER, NOT WI TH
3 MR. J ACKSON 24/ 7. I N FACT, WHAT THE EVI DENCE I S GOI NG
4 TO SHOWYOU, BY AND LARGE, THEY WEREN' T AT REHEARSALS.
5 THAT WAS THE CREATI VE TEAMS.
6 DO YOU REMEMBER WHEN YOU SAWTHE E- MAI LS THAT
7 WERE PRESENTED TO YOU EARLI ER TODAY WHEN THEY TALKED
8 ABOUT THE I DEA THAT ON THE 19TH, WHEN MR. J ACKSON HAD
9 THE BAD REHEARSALS, YOU' LL SEE ALL THE E- MAI LS GOI NG OUT
10 TO A. E. G. , SAYI NG, THI S I S WHAT' S GOI NG ON, THAT' S
11 WHAT' S GOI NG ON? YOU KNOWWHY THOSE E- MAI LS WERE GOI NG
12 OUT TO A. E. G. ? BECAUSE A. E. G. WASN' T THERE. THEY
13 WEREN' T AT THE DAI LY REHEARSALS. THAT' S NOT WHAT THEY
14 DO. THEY FI NANCE TOURS. THEY WEREN' T ABLE TO SAY, THI S
15 MAN HAD TO SEND A NOTE, HEY, THERE' S A PROBLEM. CAN YOU
16 HELP US?
17 AND WHAT YOU MI GHT HAVE NOTED, I F YOU WATCHED
18 THE EVI DENCE, AS OPPOSED TO WHAT YOU WERE TOLD, A. E. G.
19 LI VE RESPONDED RI GHT AWAY. THEY WENT TO A MEETI NG WI TH
20 MR. J ACKSON AND HI S DOCTOR AND MR. ORTEGA TO SEE WHAT
21 WAS WRONG. BUT WE' LL GET THERE I N A MOMENT.
22 NOW, YOU ALSO HEARD I T NOTED EARLI ER THAT
23 MR. J ACKSON HAD PREVI OUSLY ABUSED PAI NKI LLERS.
24 PAI NKI LLERS, NOT PROPOFOL; ALL RI GHT? AND WHI LE I T' S
25 TRUE THAT MR. J ACKSON HAD ABUSED PAI NKI LLERS, WHAT' S
26 I MPORTANT TO NOTE I S THAT EVERYONE KNEWTHAT, BECAUSE I N
27 1993, MR. J ACKSON ANNOUNCED I T; ALL RI GHT? SO THEY TRY
28 TO MAKE MUCH OF AN E- MAI L THAT YOU SAWOF A DEPOSI TI ON
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1 OF MR. GONGAWARE WHERE HE SAT THERE AND SAI D, " I DON' T
2 REMEMBER THAT DURI NG THE TOUR. "
3 BUT THEN THEY SAI D, " DI D YOU LEARN I T
4 AFTERWARDS?"
5 " YEAH, I DEFI NI TELY KNEWI T AFTERWARDS. "
6 HE' S GOI NG TO BE HERE TO EXPLAI N, BECAUSE AT
7 THE END OF THAT TOUR, MR. J ACKSON ANNOUNCED HE HAD A
8 PROBLEM WI TH PAI NKI LLERS. HE ANNOUNCED I T TO THE WORLD.
9 EVERYBODY KNEWTHAT.
10 WHAT THE EVI DENCE WI LL ALSO SHOWI S THAT HE
11 THEN WENT I NTO REHAB, AND TO THE WORLD I T APPEARED THAT
12 HE GOT BETTER. HE WAS CURED. I N FACT, HE WENT ON TO A
13 HUGE WORLD TOUR THEREAFTER, AND THERE WAS NEVER A
14 REPORTED PROBLEM OF ANY KI ND. AND PAUL GONGAWARE WAS ON
15 THAT TOUR, AS WAS KENNY ORTEGA, TRAVI S PAYNE. ALL OF
16 THEM WI LL TELL YOU THEY SAWNO SI GN OF ANY PROBLEM AT
17 ALL, BECAUSE THE PUBLI C MI CHAEL J ACKSON THAT THEY SAW
18 DI DN' T SEEM TO HAVE A PROBLEM, AND THEY HAD NO WAY TO
19 KNOWOTHERWI SE.
20 NOW, THAT SAI D, THAT WAS THE PUBLI C MI CHAEL
21 J ACKSON. AND I ' LL SHOWTO YOU I N A LI TTLE BI T WHAT
22 WE' RE GOI NG TO SEE OVER THE COURSE OF THE TRI AL, THAT
23 THAT WASN' T TRUE. HE CONTI NUED TO HAVE A PROBLEM, BUT
24 THAT WAS THE PRI VATE MI CHAEL J ACKSON THE PEOPLE DI DN' T
25 SEE.
26 NOW, WHAT I ALSO WANT TO NOTE ABOUT THAT, AND
27 WE' LL GO I NTO A LI TTLE DETAI L TODAY, BUT MOST OF I T WI LL
28 BE LATER, THAT HE EVEN WI THDREWFROM HI S OWN FAMI LY; ALL
866 299-5127
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1 RI GHT? EVEN HI S FAMI LY DI DN' T KNOWWHAT WAS GOI NG ON AT
2 THE TI ME. AND AT VARI OUS POI NTS THEY WENT I N AND TRI ED
3 TO SEE I F THEY COULD DO SOMETHI NG, I NTERVENTI ON OR
4 SOMETHI NG I N TERMS OF PAI NKI LLERS, AND MORE OFTEN THAN
5 NOT, AS YOU SEE, THEY FAI LED. AND WHY DI D THEY FAI L?
6 BECAUSE MI CHAEL J ACKSON WAS AN ADDI CT, AND NO MATTER HOW
7 MUCH YOU MI GHT WANT TO HELP AN ADDI CT, YOU CAN' T HELP
8 THEM UNLESS THEY WANT TO HELP THEMSELVES. YOU CAN DENY
9 YOU HAVE A PROBLEM, HE CAN TELL THEM HE' S ABSOLUTELY
10 FI NE. AND AS YOU' LL HEAR, YOU' LL HAVE THEI R TESTI MONY,
11 THEY, TOO, THOUGHT THAT WAS TRUE, BECAUSE HE SAI D I T,
12 EVEN TO THEM.
13 AND THI S I SN' T UNCOMMON. YOU CAN' T BLAME HI M
14 FOR THAT. MI CHAEL J ACKSON WAS AN ADDI CT, AND WHEN
15 YOU' RE AN ADDI CT, YOU CONVI NCE THE WORLD, AND OFTENTI MES
16 EVEN YOURSELF, THAT YOU DON' T HAVE A PROBLEM.
17 BUT REGARDLESS OF THI S LI FE- LONG BATTLE WI TH
18 PAI NKI LLERS THE PLAI NTI FF TOLD YOU ABOUT TODAY, THE
19 EVI DENCE WI LL SHOWYOU I T WASN' T PAI NKI LLERS THAT KI LLED
20 MI CHAEL J ACKSON. PROPOFOL KI LLED MI CHAEL J ACKSON. AND
21 DR. CONRAD MURRAY WASN' T I N THERE GI VI NG HI M PAI NKI LLERS
22 THAT SOMEONE MI GHT HAVE SEEN WHAT WAS HAPPENI NG. HE WAS
23 GI VI NG HI M PROPOFOL. AND YOU DI DN' T SEE ANY RED FLAGS
24 ABOUT THAT, BECAUSE THERE WEREN' T ANY, BECAUSE THERE
25 CAN' T BE.
26 NOW, NO ONE KNEWABOUT THE PROPOFOL, NOT HI S
27 MOTHER, NOT HI S CHI LDREN, NOT HI S SI BLI NGS, NOT ANY OF
28 THE STAFF I N THE HOUSE, AND CERTAI NLY NOT ANYONE THAT
866 299-5127
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1 WAS WORKI NG ON THE TOUR. YOU' LL HEAR FROM ALL OF THEM.
2 NONE OF THEM KNEW. THE TRUTH I S, MR. J ACKSON FOOLED
3 EVERYBODY. HE KEPT THOSE WHO MI GHT HAVE BEEN ABLE TO
4 HELP HI M AT A DI STANCE, AND HE MADE SURE THAT NO ONE,
5 NOBODY, KNEWHI S DEEPEST, DARKEST SECRET.
6 AND I T WASN' T THAT AT TI MES HE HAD TROUBLE WI TH
7 PAI NKI LLERS; I T WAS THAT HE WAS ABUSI NG SOMETHI NG CALLED
8 PROPOFOL, AND HE WAS DOI NG I T TO TRY TO GET TO SLEEP.
9 THERE' S A THI NG SOMETI MES WE' LL CALL A RED HERRI NG OR A
10 STRAWMAN. THE I DEA YOU SET UP SOMETHI NG SO PEOPLE LOOK
11 THI S WAY ( I NDI CATI NG) , SO THEY DON' T SEE WHAT' S
12 HAPPENI NG OVER HERE ( I NDI CATI NG) .
13 I N A WAY, THAT' S WHAT HAPPENED HERE. EVEN I F
14 SOMEONE MI GHT HAVE THOUGHT THERE WAS A PROBLEM WI TH
15 PAI NKI LLERS, AND AFTER YOU LOOKED OVER HERE
16 ( I NDI CATI NG) , NOTHI NG ABOUT THAT WOULD MAKE YOU LOOK
17 OVER HERE ( I NDI CATI NG) AND SEE THAT PROPOFOL WAS THE
18 PROBLEM.
19 AGAI N, REMEMBER, I T' S AN ANESTHETI C THAT AN
20 ANESTHESI OLOGI ST GI VES YOU I N A HOSPI TAL FOR SURGERY.
21 COULDN' T SEE THAT. AND ULTI MATELY, THAT I S WHAT KI LLED
22 MR. J ACKSON.
23 NOW, BEFORE WE GO I NTO THE SECRETS, BOTH
24 SOMEWHAT- KNOWN PUBLI C SECRETS, AND THE LESSER- KNOWN
25 PRI VATE SECRETS, I ' M GOI NG TO ASK YOU TO TRY TO DO
26 SOMETHI NG, AND I T' S VERY HARD. I T' S SOMETHI NG YOU HAVE
27 TO DO THROUGH THE COURSE OF THI S TRI AL. AND THAT' S TO
28 BRI NG YOU BACK TO 2009, BACK BEFORE THI S TERRI BLE DAY OF
866 299-5127
2161
1 J UNE 25TH, 2009, WHEN MR. J ACKSON PASSED. BECAUSE I T' S
2 EASY TO LOOK AT THI NGS I N RETROSPECT. OH, I F ONLY I ' D
3 KNOWN THI S, I WI SH I HAD SEEN THAT. BUT YOU HAVE TO
4 LOOK AT WHAT PEOPLE ACTUALLY SAWAT THE TI ME. WHAT THEY
5 ACTUALLY KNEWAT THE TI ME, AND WHAT THEY ACTUALLY
6 UNDERSTOOD AT THE TI ME, AND THAT I S REALLY HARD TO DO
7 HERE; RI GHT? BECAUSE THI S I S SOMETHI NG THAT HAS BEEN
8 REPORTED ABOUT EVERY DAY SI NCE J UNE 25TH, 2009.
9 I ' M GOI NG TO ASK YOU TO GO BACK TO PRI OR TO
10 THAT DAY, AND SO THAT WE CAN LOOK AT THE EVI DENCE WHAT
11 PEOPLE KNEWTHEN. WHEN I SAY " EVI DENCE, " I MEAN THE
12 ACTUAL EVI DENCE. AND THAT WAY WE' LL LOOK AT THE PUBLI C
13 MI CHAEL J ACKSON, THE MAN. AFTER THAT WE WI LL LOOK AT
14 THE PRI VATE MI CHAEL J ACKSON AND THE THI NGS THAT PEOPLE
15 DI DN' T KNOWTHEN BUT THAT WE' VE LEARNED SI NCE.
16 AND I N DOI NG THAT, WHAT I ' M GOI NG TO NOTE, AND
17 WHAT WE' RE GOI NG TO BRI NG PEOPLE I N FOR, I S PEOPLE ARE
18 GOI NG TO TESTI FY TO WHAT THEY ACTUALLY SAWAND
19 EXPERI ENCED. THE MI CHAEL J ACKSON THEY SAWI N FRONT OF
20 THEM, THE ONE THEY SPOKE TO, THE ONE HI S CHI LDREN SAW,
21 AND HI S MUM SAW, AND HI S SI BLI NGS SAW, AND THE PEOPLE
22 WHO WORKED WI TH HI M, WHAT THEY SAW. BECAUSE ULTI MATELY,
23 THAT' S HOWYOU J UDGE WHAT I S GOI NG ON, WHAT THEY WERE
24 ACTUALLY SEEI NG AT THE TI ME. WHAT DI D YOU KNOW?
25 AND I N DOI NG THAT, I WANT TO SHOWYOU A CLI P - -
26 BEFORE WE DO THAT, THI S I S PAM ( I NDI CATI NG) . SHE I S
27 GOI NG TO BE HELPI NG US A LOT.
28 WHAT I WANT TO SHOWYOU I S A CLI P THAT OCCURRED
866 299-5127
2162
1 TWO DAYS BEFORE MR. J ACKSON PASSED. TWO DAYS; ALL
2 RI GHT? YOU SAW- - AND BEFORE WE SHOWI T, I WANT YOU TO
3 REMEMBER SOMETHI NG. REMEMBER THEY SHOWED YOU THI S
4 GRAPHI C OF A DECLI NE OF MR. J ACKSON? SO OVER HERE AT
5 THE BOTTOM J UST BEFORE HE PASSES, AND THE HORRI BLE
6 THI NG - - YOU DI DN' T SEE ANYTHI NG THAT SHOWED WHAT THAT
7 REPRESENTED; OKAY? I T WAS J UST THI S I DEA THAT THEY WERE
8 SHOWI NG YOU. I ' M GOI NG TO ACTUALLY SHOWYOU SOMETHI NG.
9 SO THI S WOULD BE TWO DAYS BEFORE MR. J ACKSON
10 PASSES. THI S WOULD BE AT THE BOTTOM OF THAT THI NG YOU
11 SAW, THE BOTTOM OF THAT SLI DE. AND THE OTHER THI NG I
12 WANT TO NOTE ABOUT I T I S, I T WOULD ALSO BE FOUR DAYS
13 AFTER THE EVENTS THAT WERE TALKED ABOUT EARLI ER TODAY
14 BUT NOT SHOWN TO YOU. WHAT THEY TALKED ABOUT, THE
15 TROUBLE AT THE FRONT OF THE E- MAI LS.
16 THI S I S FOUR DAYS LATER; ALL RI GHT? THI S I S A
17 REHEARSAL, J UST A REHEARSAL OF A SONG AT THE STAPLES
18 CENTER, AND I ' M GOI NG TO SHOWI T TO YOU.
19
21
22 MR. PUTNAM: I ' M GOI NG TO APOLOGI ZE. I MEANT
23 TO TELL YOU THI S I N ADVANCE. WHAT YOU' RE GOI NG TO SEE,
24 THI S I S OBVI OUSLY FROM THE DOCUMENTARY. AND SO THERE
25 ARE THI NGS I N THI S, LI KE YOU SAWTHE GRAPHI CS OF THE
26 MARCHI NG PEOPLE THERE, AND THERE WI LL BE PARTS OF A
27 MOVI E THAT YOU' LL SEE. THESE WERE ALL THI NGS THAT WERE
28 GOI NG TO BE I N THE SHOW. SO THE DOCUMENTARY, THOSE
866 299-5127
2163
1 PARTS, THOSE WERE NOT AT THE REHEARSAL. SEE WHAT YOU' RE
2 SEEI NG ON THE RI GHT THERE WI TH MR. J ACKSON ( I NDI CATI NG) ?
3 THAT' S THE PART THAT I WANT TO FOCUS ON. THAT' S
4 ACTUALLY AT THE REHEARSAL, HI M REHEARSI NG. OKAY.
5
7
8 MR. PUTNAM: HE DI ED TWO DAYS LATER. THAT' S AT
9 THE BOTTOM OF THAT SLI DE. THAT' S WHAT YOU SAWI N
10 PUBLI C, AND THAT DAY A. E. G. LI VE WAS THERE. THEY WERE
11 THERE TO SEE THI S WHY? BECAUSE THEY HEARD THE PROBLEMS
12 ON THE 19TH, AND THEY WERE WORRI ED. THEY WANTED TO MAKE
13 SURE HE WAS OKAY, SO THEY WENT, AND THEY SAWTHI S
14 REHEARSAL, AND THAT' S WHAT THEY SAW.
15 HE WAS 50 YEARS OLD. HE HADN' T PERFORMED I N A
16 DECADE, AND THAT WAS TWO NI GHTS BEFORE HE DI ED. THAT' S
17 THE PUBLI C MI CHAEL J ACKSON THAT THEY SAW, THAT THEY
18 TALKED TO, AND THAT' S WHAT I WANT YOU TO REMEMBER.
19 WE HAVE TO GO BACK TO 2009, PRE- J UNE 25TH,
20 BECAUSE THAT' S HOWYOU J UDGE SOMETHI NG. AND I WI LL SAY
21 AFTER WE DO THAT, WE WI LL THEN GO I NTO THE PRI VATE
22 MI CHAEL J ACKSON. WHAT WAS HAPPENI NG THAT PEOPLE DI DN' T
23 SEE THAT NO ONE SAWEXCEPT MI CHAEL J ACKSON AND HI S
24 DOCTORS. AND BY THEN, I T WAS TOO LATE.
25 THE COURT: OKAY. 15 MI NUTES. COME BACK I N
26 THE COURTROOM I N 15 MI NUTES.
27
28 ( THE J URY EXI TED THE COURTROOM AT 3: 00 P. M. )
866 299-5127
2164
1 ( A RECESS WAS TAKEN. )
2
3 ( THE J URY ENTERED THE COURTROOM AT 3: 17 P. M. )
4
5 THE COURT: KATHERI NE J ACKSON VERSUS A. E. G.
6 LI VE, BC 445597.
7 YOU MAY CONTI NUE WI TH YOUR OPENI NG STATEMENT.
8 MR. PUTNAM: THANK YOU, YOUR HONOR.
9 THANK YOU, EVERYONE. ON BEHALF OF EVERYONE, WE
10 KNOWHOWHOT I T I S. WE' RE TRYI NG AND TRYI NG TO MAKE I T
11 BETTER. I PROMI SE.
12 SO, AS I WAS NOTI NG BEFORE THE BREAK, TO
13 UNDERSTAND WHAT A. E. G. SAW, I HAVE TO TAKE YOU BACK I N
14 TI ME. I HAVE TO TAKE YOU BACK TO 2009. BUT TO ARRI VE
15 I N 2009, I HAVE TO BRI NG YOU BACK A LI TTLE BI T FURTHER.
16 SO WHAT HAD HAPPENED AS YOU CAME I NTO 2009? AND TO DO
17 THAT, I HAVE TO TAKE YOU BACK TO THE 2000S.
18 AND I N THE 2000S, THI NGS ARE NOT - - AND, BY THE
19 WAY, I UNDERSTAND I T' S DI FFI CULT WI TH THE DOOR AND
20 EVERYTHI NG. I F YOU HAVE TROUBLE HEARI NG ME, RAI SE YOUR
21 HANDS OR SOMETHI NG, AND I WI LL SPEAK UP. J UST LET ME
22 KNOWTHAT. I T' S I MPORTANT YOU HEAR WHAT WE DO.
23 THE EARLY 2000S. THE EARLY 2000S WERE NOT A
24 GOOD TI ME FOR MR. J ACKSON AT ALL. TO BE FRANK, THAT' S
25 AN UNDERSTATEMENT. I T WAS A VERY DI FFI CULT TI ME I N HI S
26 LI FE. I T CULMI NATED I N THE EARLI ER PART OF THE MI DDLE
27 PART OF THAT CENTURY, A HI DEOUS CRI MI NAL TRI AL. I T WAS
28 TERRI BLE. HE WAS ACCUSED OF SOMETHI NG, CHI LD
866 299-5127
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1 MOLESTATI ON, AND HE WAS ACQUI TTED. I WANT TO MAKE A
2 POI NT OF THAT, HE WAS ACQUI TTED. BUT THAT DI DN' T MAKE
3 I T ANY EASI ER BY ANY STRETCH OF THE I MAGI NATI ON. THAT
4 WAS A HORRI BLE THI NG TO HAVE HAPPEN I N YOUR LI FE,
5 WHETHER YOU' RE A PUBLI C FI GURE OR NOT. AND FOR
6 MR. J ACKSON I N PARTI CULAR, I T WAS HORRI BLE. HE WAS A
7 HUGE PUBLI C FI GURE. YOU CAN I MAGI NE THE MEDI A FRENZY
8 THAT OCCURRED WI TH THI S. I T WAS HUGE, AND I T WAS
9 TERRI BLE.
10 AND AFTER HI S ACQUI TTAL, HE LEFT THE COUNTRY.
11 HE LEFT THE COUNTRY, ULTI MATELY WENT TO THE MI DDLE EAST.
12 AND HE BASI CALLY STEPPED OUT OF THE PUBLI C EYE. AND YOU
13 DI DN' T HEAR ABOUT HI M, REALLY, FOR A COUPLE YEARS.
14 ULTI MATELY WHEN HE CAME BACK, HE MOVED BACK WI TH HI S
15 FAMI LY, HI S THREE CHI LDREN, TO LAS VEGAS.
16 AND I N 2007, HE APPROACHED A. E. G. LI VE ABOUT
17 THE I DEA OF HI M POSSI BLY COMI NG BACK TO THE WORLD STAGE.
18 I ' LL REPEAT THAT. YOU' LL SEE THE EVI DENCE HE APPROACHED
19 A. E. G. LI VE.
20 AND I WANT YOU TO LOOK AT ALL THE EVI DENCE AND
21 SEE WHAT ACTUALLY HAPPENED I N TERMS OF THI S, BECAUSE
22 ARTI STS GO THROUGH CONCERT PROMOTERS AND DECI DE WHO
23 THEY' RE GOI NG TO GO WI TH. SOMEONE LI KE MI CHAEL J ACKSON
24 DOESN' T WORK FOR A. E. G. LI VE; A. E. G. LI VE I S WORKI NG FOR
26 AND I N 2007 HE CAME TO THEM WI TH HI S PEOPLE AND
27 SAI D HE WAS I NTERESTED I N COMI NG BACK, AND ULTI MATELY
28 THAT DI DN' T WORK OUT. AND I T DI DN' T WORK OUT BECAUSE HE
866 299-5127
2166
1 WASN' T READY.
2 AND THEN A YEAR LATER, I N 2008, A. E. G. LI VE WAS
3 APPROACHED AGAI N ABOUT THE I DEA THAT MR. J ACKSON WANTED
4 TO GO BACK TO PERFORMI NG. AND THI S TI ME, 2008,
5 MR. J ACKSON APPEARED TO BE READY.
6 NOW, HE WAS 50 YEARS OLD AT THI S POI NT. HI S
7 BEST- SELLI NG ALBUM, " THRI LLER, " HAPPENED 25 YEARS
8 BEFORE. HALF OF HI S LI FETI ME BEFORE, THAT ALBUM. HE
9 HADN' T TOURED I N OVER A DECADE, NOR HAD HE RELEASED ANY
10 NEWMUSI C I N A VERY LONG TI ME.
11 NOW, WHI LE HI S OUTPUT, I F YOU WI LL, HAD REALLY
12 DWI NDLED I N THI S TI ME PERI OD, HI S LAVI SH LI FESTYLE DI D
13 NOT. BY ANY STANDARD, MR. J ACKSON WAS A HUGE SPENDER,
14 AND HE SPENT ON EVERYTHI NG. YOU' LL SEE THE EVI DENCE:
15 ART, ANTI QUES, CLOTHI NG, GAMES, HOMES.
16 AND YOU' LL HEAR, FOR EXAMPLE, HI S NEVERLAND
17 RANCH, HI S HOME UP NORTH OF HERE, I T HAS TWO TRAI NS, A
18 FERRI S WHEEL, A PETTI NG ZOO. I MEAN, I T WAS A VERY
19 LAVI SH LI FESTYLE HE LI VED. AND VERY MUCH LI KE HI S LI FE,
20 HI S SPENDI NG WAS LEGENDARY.
21 THE PUBLI C MI CHAEL J ACKSON, THE ONE PEOPLE SAW
22 I N THI S TI ME PERI OD, HE WAS LOADED, AND HE WAS SPENDI NG
23 MI LLI ONS ON THI S LAVI SH LI FESTYLE. THE PRI VATE MI CHAEL
24 J ACKSON WAS SOMETHI NG DI FFERENT.
25 THE PRI VATE MI CHAEL J ACKSON WAS, TO BE FRANK,
26 LI KE A LOT OF AMERI CANS I N THE 2000S, SPENDI NG A LOT
27 MORE THAN HE WAS MAKI NG. I N FACT, YOU' LL SEE THE
28 EVI DENCE, AND THE EVI DENCE WI LL SHOWYOU THAT YEAR I N
866 299-5127
2167
1 AND YEAR OUT, MR. J ACKSON SPENT MUCH MORE THAN HE EVER
2 MADE.
3 AND SO HOWDI D HE DO THI S? BY BORROWI NG MORE
4 AND MORE MONEY; BY TAKI NG MORE AND MORE LOANS. LOANS
5 AGAI NST THAT COLLATERAL YOU HEARD ABOUT. SO THAT BY
6 2008, HE WAS TAPPED OUT. HE COULDN' T DO I T ANYMORE.
7 THAT WAS THE PRI VATE MI CHAEL J ACKSON. THAT WASN' T
8 SOMETHI NG PEOPLE KNEW.
9 AND YOU SAWTHE SLI DE THAT THEY SAI D WE HAD
10 CREATED TO SHOW, AND THEY' RE RI GHT, WE DI D. THI S I S A
11 SLI DE THAT SUMMARI ZES WHAT WE' RE TALKI NG ABOUT HERE; ALL
12 RI GHT ( I NDI CATI NG) ? AND YOU' RE GOI NG TO SEE THE
13 EVI DENCE THAT SHOWS THI S. SO THI S I S A SUMMARY OF WHAT
14 WE' RE GOI NG TO SHOWYOU.
15 I N 2001, HE WAS $232. 2 MI LLI ON I N DEBT. BY THE
16 TI ME OF HI S DEATH, FROM 2007 TO 2009, HE WAS ABOUT $400
17 MI LLI ON I N DEBT. I ' LL REPEAT THAT FI GURE. $400
18 MI LLI ON. THI S I S ONE MAN. AN ASTRONOMI CAL FI GURE. AND
19 I T WAS SOMETHI NG THE WORLD DI DN' T KNOW. THI S WAS
20 SOMETHI NG MR. J ACKSON KNEW.
21 NOW, DON' T GET ME WRONG. A. E. G. LI VE CAME TO
22 LEARN HE HAD FI NANCI AL DI FFI CULTI ES. THI S I S NOT A
23 FI NANCI AL DI FFI CULTY. $400 MI LLI ON I S TERRI FYI NG, AND
24 A. E. G. LI VE DI DN' T KNOWTHAT.
25 NOW, HE' S I N DEBT AT THI S TI ME. HE REALI ZES HE
26 HAS TO DO SOMETHI NG ABOUT I T. I T' S 2008. AND SO HE
27 KNEWTHE TI ME HAD COME. HE HAD TO DO SOMETHI NG; ALL
28 RI GHT? HE HAD TO BRI NG I N SOME MONEY. AND SO HOWWAS
866 299-5127
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1 HE GOI NG TO DI G HI MSELF OUT OF DEBT AND LEAVE A LASTI NG
2 LEGACY FOR HI S CHI LDREN? HE WAS GOI NG TO GO BACK AND DO
3 WHAT MI CHAEL J ACKSON DOES BEST: PERFORM. AND I DON' T
4 THI NK ANYBODY CAN DI SPUTE, THERE WAS NO PERFORMER LI KE
6 NOW, HI S CHI LDREN HAD NEVER REALLY SEEN HI M
7 PERFORM BEFORE, AND WI TH THE COMEBACK, HE WAS GOI NG TO
8 BE ABLE TO SHOWTHEM WHAT HE COULD DO. I N FACT, THAT' S
9 WHAT HE TOLD PEOPLE PUBLI CLY, THI S WAS WHY HE WAS COMI NG
10 BACK: HE WANTED HI S KI DS TO SEE HI M PERFORM. AND I
11 DON' T THI NK THERE' S ANY DOUBT PART OF THAT I S TRUE. BUT
12 THERE' S ALSO A PRI VATE REASON, AND THAT WAS HE HAD TO
13 START PERFORMI NG AGAI N BECAUSE HE HAD TO HAVE MONEY.
14 NOW, YOU MI GHT HAVE THOUGHT FROM WHAT YOU HEARD
15 EARLI ER THAT A. E. G. LI VE WAS THE ONLY COMPANY THAT
16 MI CHAEL J ACKSON HAD APPROACHED I N THI S TI ME PERI OD, BUT
17 THERE WASN' T. YOU WI LL SEE HE APPROACHED OTHERS, AND
18 YOU' LL SEE TESTI MONY TO THAT EFFECT. YOU' LL SEE THAT
19 HI S MANAGER AND HE - - ACTUALLY, LET ME GI VE YOU A LI TTLE
20 WORD ABOUT HI S MANAGERS.
21 YOU' RE GOI NG TO SEE VARI OUS NAMES AT VARI OUS
22 POI NTS THROUGHOUT THE NEXT COUPLE MONTHS THAT POI NT TO
23 VARI OUS PEOPLE BEI NG HI S MANAGER. YOU WI LL HEAR DR.
24 TOHME. YOU HEARD THAT EARLI ER.
25 DR. TOHME WAS NOT A MEDI CAL DOCTOR. SO YOU SAWPEOPLE
26 SAYI NG, BRI NG THE DOCTOR, THAT WAS DR. TOHME. THAT WAS
27 HI S MANAGER.
28 ANOTHER PERSON WAS FRANK. YOU SAWFRANK
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1 MENTI ONED. THAT' S FRANK DELEO. WE' LL TRY TO KEEP THESE
2 ALL AS CLEAR AS WE CAN THROUGHOUT THE PROCESS, BUT I
3 J UST WANT TO GI VE YOU AN I DEA, YOU' LL SEE A LOT OF NAMES
4 LI KE THAT, AND THEY WERE MANAGERS. AND THE EVI DENCE
5 WI LL SHOWTHAT MR. J ACKSON CHANGED MANAGERS AND LAWYERS
6 AND ASSI STANTS, AND EVEN HI S CHI LDREN' S TUTORS, WI TH
7 I NCREDI BLE FREQUENCY.
8 I WANT YOU TO KEEP THAT I N MI ND AS YOU DO THI S,
9 FOR ONE MI GHT KNOW, AND WHAT ONE MI GHT NOT KNOW, BECAUSE
10 ONE DAY SOMEONE WI LL BE I N, THE NEXT DAY SOMEONE WI LL BE
11 OUT, AND A WEEK LATER THEY WI LL BE BACK AGAI N. I WANT
12 YOU TO KEEP THAT I N MI ND.
13 SO BACK I N 2008, MR. J ACKSON DETERMI NED HE
14 WANTS TO GO BACK AND PERFORM. SO HE AND HI S THEN
15 MANAGER, DR. TOHME, THEY APPROACHED A. E. G. LI VE, AND
16 THEY TALKED TO THEM ABOUT MI CHAEL J ACKSON COMI NG BACK ON
17 TOUR.
18 NOW, LET ME TELL YOU A LI TTLE BI T ABOUT A. E. G.
19 LI VE. YOU HEARD EARLI ER THAT THEY J UST WANT TO BE
20 NO. 1. THEY REALLY WANT - - I CAN' T REMEMBER WHAT THE
21 VI SUAL WAS. WAS I T A BEAR? THI S NO. 1 COMPANY THEY
22 WANTED TO GET.
23 A. E. G. LI VE I S NOT SOME START- UP THAT HAS ONE
24 ARTI ST OR ANOTHER. LET ME GI VE YOU AN EXAMPLE HERE. AS
25 YOU' LL NOTE, THEY' RE HERE I N LOS ANGELES. THEY' RE RI GHT
26 DOWN THE STREET ON WI LSHI RE BOULEVARD, THE MI RACLE MI LE.
27 THEY PRODUCE AND PROMOTE SOME OF THE MOST AMAZI NG
28 CONCERTS I N THE WORLD. YOU' LL SEE THE EVI DENCE.
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1 THERE' S ALL DI FFERENT TYPES. FOR EXAMPLE, THE ROLLI NG
2 STONES. SEE THE ROLLI NG STONES RI GHT THERE
3 ( I NDI CATI NG) . THEY' RE DOI NG THE ROLLI NG STONES TOUR
4 RI GHT NOW, AND THEY WI LL BE OPENI NG HERE THI S FRI DAY.
5 RI GHT NOWTHEY' RE DOI NG THE J USTI N BI EBER TOUR.
6 YOU' LL HEAR EVI DENCE ABOUT THAT. J USTI N BI EBER
7 PERFORMED LAST NI GHT I N ST. PETERSBURG, AND HE' LL BE
8 PERFORMI NG TOMORROWNI GHT I N MOSCOW.
9 THEY DI D THE BEYONCE TOUR. THEY DI D BRI TNEY
10 SPEARS. THI S I S A COMPANY THAT DEALS WI TH REALLY BI G
11 ARTI STS. NOT TO SAY MI CHAEL J ACKSON WAS NOT I N THI S
12 CONSTELLATI ON, OF COURSE HE WAS, BUT THI S WAS NOT A
13 MAKE- I T- OR- BREAK- I T DEAL FOR A. E. G. LI VE.
14 I N ADDI TI ON, THEY DO THI NGS CALLED RESI DENCI ES.
15 A RESI DENCY I S THE TYPE OF THI NG YOU GO TO ONE PLACE TO
16 SEE A SHOW. THAT' S WHEN YOU SEE CELI NE DI ON UP THERE
17 ( I NDI CATI NG) . THEY' RE DOI NG THAT ONE RI GHT NOWAS WELL
18 AS SHANI A TWAI N.
19 AND THEN THEY DO THESE FESTI VALS. LAST WEEKEND
20 I T WAS STAGECOACH FOR COUNTRY WESTERN MUSI C I N PALM
21 SPRI NGS. BEFORE THAT, I S WAS COACHELLA. THI S I S WHAT
22 THEY DO FOR A LI VI NG.
23 AND WHI LE EVERY TOUR AND EVERY RESI DENCY I S
24 DI FFERENT, THE EVI DENCE WI LL SHOWYOU THAT I N A NUTSHELL
25 THEY' RE BEI NG VERY PRODUCTI VE HERE. LOOK AT THE
26 EVI DENCE. WHAT A. E. G. LI VE DOES I S, I T ADVANCES MONI ES
27 TO AN ARTI ST TO PAY FOR THEI R UPFRONT COSTS. THE COSTS
28 OF PUTTI NG ON A TOUR. AND THE ARTI ST THEN PAYS THEM
866 299-5127
2171
1 BACK THOSE ADVANCES. THAT' S HOWTHI S WORKS, AND YOU' LL
2 SEE THI S. AND THEN THEY SPLI T THE PROFI TS I N SOME WAY.
3 NOW, EVERY TOUR I S DI FFERENT. SOME DO I T
4 DI FFERENTLY, BUT THAT' S THE GENERAL I DEA, AND YOU' LL SEE
5 EXACTLY HOWI T HAPPENED HERE.
6 AND I T' S I MPORTANT TO NOTE, AND THI S WAS
7 MENTI ONED EARLI ER TODAY, REGARDLESS OF WHETHER THERE' S A
8 PROFI T OR NOT, A. E. G. LI VE I S PAI D BACK. THAT' S
9 I MPORTANT, BECAUSE YOU HEARD THI NGS ABOUT " GOT TO RUSH
10 FORWARD, " " GOT TO DO I T. " NO MATTER WHAT, THEY GET PAI D
11 BACK; ALL RI GHT?
12 NOW, ON THE OTHER SI DE - - SO THAT' S THE CONCERT
13 PROMOTER' S SI DE.
14 NOW, ON THE OTHER SI DE, YOU HAVE THE ARTI ST.
15 I T MI GHT BE A BAND, MI GHT BE AN I NDI VI DUAL. AND THAT
16 PERSON, THEY' RE PUTTI NG TOGETHER THEI R TOUR OF THE SHOW.
17 THEY PUT I T TOGETHER, AND THEY DECI DE THEI R TOUR PARTY.
18 THE DI RECTOR, THE CHOREOGRAPHER, YOU HEARD ABOUT SOME OF
19 THEM ALREADY. THE COSTUME DESI GNERS, THE MAKEUP PEOPLE,
20 NUTRI TI ONI STS, SECURI TY. THEY DECI DE THE PEOPLE FOR
21 THEM, AND, OF COURSE, THE CREATI VE FORCE THAT PUTS I T
22 ALL TOGETHER THAT DECI DES WHAT I T LOOKS LI KE.
23 THEY PUT TOGETHER A SHOW, A. E. G. LI VE HELPS TO
24 ORGANI ZE AND FI NANCE I T, BASI CALLY, I S HOWI T WORKS.
25 AND THAT I S EXACTLY WHY MR. J ACKSON APPROACHED A. E. G.
26 LI VE. HE WAS GOI NG TO MAKE A COMEBACK. HE WAS GOI NG TO
27 PUT TOGETHER A SHOWAND PERFORM I T, AND HE NEEDED A. E. G.
28 LI VE TO ADVANCE HI M MONI ES TO DO I T. THAT' S I MPORTANT.
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1 AND A. E. G. LI VE WAS I NCREDI BLY EXCI TED. HOW
2 COULD THEY PRETEND OTHERWI SE? I T' S MI CHAEL J ACKSON. HE
3 HADN' T PERFORMED FOREVER, AND HE WAS GOI NG TO COME BACK,
4 AND THI S WAS HI S BI G COMEBACK. THEY WERE VERY, VERY
5 EXCI TED. THEY WERE OPTI MI STI C, BUT THEY WERE CAUTI OUSLY
6 OPTI MI STI C, BECAUSE, REMEMBER, HE APPROACHED THEM THE
7 YEAR BEFORE, AND ULTI MATELY I T BECAME CLEAR HE WASN' T
8 READY. AND NOT TO HI DE THE BALL SO YOU DON' T KNOWWHY,
9 HE SAI D HE WASN' T READY. THAT' S HOWHE DETERMI NED THAT.
10 BUT THEY DI D WANT TO DO THI S. VERY MUCH SO.
11 THEY MET WI TH HI M. THEY TALKED WI TH HI M. THEY LI STENED
12 TO HI M. THEY HEARD WHAT HE HAD TO SAY. AND THAT' S HOW
13 THEY DECI DED WHAT TO DO AND WHETHER TO DO I T. AND I N
14 DOI NG THAT, THEY THOUGHT, THI S I S I T, THI S I S GREAT.
15 LET' S DO THI S. THI S I S REALLY EXCI TI NG.
16 NOW, WHEN I SAY " THEY, " AT THI S TI ME A. E. G.
17 LI VE, ONCE THEY GET I NTO THE THI NG, THERE ARE OTHER
18 PEOPLE, BUT AT THI S POI NT I N THE BEGI NNI NG, I T' S TWO
19 PEOPLE PRI NCI PALLY: A MAN NAMED RANDY PHI LLI PS, AND A
20 GUY NAMED PAUL GONGAWARE. YOU' VE SEEN A LI TTLE BI T OF
21 EACH OF THEM ALREADY.
22 AND I ' M GOI NG TO TELL YOU A LI TTLE BI T ABOUT
23 THEM. THEY ARE THE PEOPLE PERSONALLY SUED HERE, AND I ' M
24 GOI NG TO TELL YOU THEY' RE A LI TTLE BI T ABOUT THE YI N AND
25 THE YANG OF A. E. G. LI VE. AND YOU' LL SEE THEM
26 PERSONALLY. YOU' LL SEE EXACTLY WHAT I MEAN BY THAT.
27 MR. PHI LLI PS I S THE COMPANY C. E. O. HE' S THE
28 ONE WHO DEALS WI TH THE ARTI ST. A LOT OF WHAT PEOPLE
866 299-5127
2173
1 CALL ARTI ST RELATI ONS, THAT' S WHAT HE DOES. AND THERE
2 ARE A LOT OF PEOPLE I N ARTI ST' S ENTOURAGE. YOU HAVE
3 BUSI NESS MANAGERS, DOOR MANAGERS, LAWYERS, PUBLI CI STS,
4 YOU NAME I T. A LOT OF PEOPLE ALL THE TI ME. BUT FOR THE
5 ARTI ST THEMSELVES DEALI NG WI TH ANYONE DI RECTLY FROM
6 A. E. G. LI VE, THAT' S USUALLY MR. PHI LLI PS. HE DOES
7 ARTI ST RELATI ONS.
8 AND AS YOU' LL SEE, HE' S A VERY GOOD SCHMOOZER.
9 YOU CAN LI KE HI M, OR YOU CAN HATE HI M, AND YOU' LL SEE,
10 BUT I N HI S POSI TI ON FOR WHAT HE DOES, HE' S VERY GOOD AT
11 WHAT HE DOES. AND THAT' S WHY PEOPLE COME TO HI M.
12 THAT' S WHY PEOPLE COME TO A. E. G. LI VE AND WANT TO WORK
13 WI TH HI M.
14 AND I ' LL TELL YOU, YOU SAWSOME THI NGS THI S
15 MORNI NG, THAT I ' M NOT GOI NG TO SAY I T' S NOT TRUE. HE
16 USES BAD LANGUAGE. YOU SAWI T I N HI S E- MAI LS. I ' M SURE
17 HE WI SHES HE HADN' T, SO I T WOULDN' T BE HERE. BUT WE' RE
18 NOT HERE FOR BAD LANGUAGE. AND WHY WOULD YOU BE SHOWN
19 BAD LANGUAGE? I S THAT RELEVANT TO WHAT WE' RE DOI NG? I
20 WANT YOU TO WATCH THE EVI DENCE. THAT' S WHAT' S
21 I MPORTANT; OKAY?
22 AND WHEN YOU DO - - AND THE BAD J OKES I N THE
23 E- MAI LS, YOU SAWSOME OF THOSE. " I ' M GOI NG TO THROWHI M
24 OVER MY SHOULDER AND GET HI M UP ON THERE. " YOU SAW
25 THAT? BAD J OKE. BAD J OKE NOWI N RETROSPECT.
26 AT THE TI ME YOU' LL SEE MR. PHI LLI PS. HE WAS
27 THI S TALL. I T WASN' T SUCH A BAD J OKE WHEN HE SAI D I T TO
28 HI S PEOPLE WHEN HE SAI D I T, BUT I T DOESN' T MAKE HI M
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1 LI ABLE FOR WHAT WE' RE HERE FOR, AND I WANT YOU TO WATCH
2 THAT.
3 SO THAT I S RANDY PHI LLI PS: A SCHMOOZER, ARTI ST
4 RELATI ONS. NOW, HE I S SOMEBODY WHO I S ONE OF THE
5 ORI GI NAL FOLKS WHO HELPED PUT A. E. G. LI VE TOGETHER.
6 WE' LL TALK TO HI M, AND YOU' LL SEE WHY. I T' S BECAUSE HE
7 LOVES MUSI C, HE LOVES THE MUSI C BUSI NESS, AND HE LOVES
8 ARTI STS, AND HE LOVES SHOWS. AND ON ANY GI VEN NI GHT OR
9 WEEKEND, THAT' S EXACTLY WHERE YOU' LL FI ND HI M: A SHOW.
10 THAT' S YI N. LET' S GO TO THE YANG.
11 AND THAT' S MR. GONGAWARE. HE, TOO, I S ONE OF
12 THE ORI GI NAL FOLKS WHO PUT A. E. G. LI VE TOGETHER. BUT I F
13 YOU WENT DOWN WI LSHI RE BOULEVARD TO MI RACLE MI LE, A. E. G.
14 LI VE, AND LOOKED FOR HI M, YOU WOULDN' T FI ND HI M. I N
15 FACT, YOU COULDN' T EVEN FI ND AN OFFI CE WI TH HI S NAME ON
16 I T BECAUSE HE DOESN' T HAVE ONE.
17 AND WHAT THE EVI DENCE WI LL SHOW, HE' LL TELL
18 YOU, I S THAT PAUL GONGAWARE WAS THAT KI D I N J UNI OR HI GH
19 SCHOOL WHO WAS BEHI ND THE SCENES DOI NG ALL THE TECH WORK
20 ON THE SCHOOL PLAY. THAT' S PAUL GONGAWARE. THE ONLY
21 DI FFERENCE TODAY I S THE VENUES ARE MUCH BI GGER, BUT HE' S
22 DOI NG THE SAME TYPE OF STUFF.
23 HE DOESN' T HAVE AN OFFI CE BECAUSE THAT' S NOT
24 WHAT HE DOES. HE' S ON THE ROAD. HE' S THAT TECHY,
25 PRODUCTI ON PERSON WHO HELPS MAKE I T HAPPEN.
26 HE WORKS WI TH THE PRODUCTI ON FOLKS, THE TECHI ES
27 WHO DO LI GHTS AND EFFECTS AND TI CKET SALES, AND ALL THE
28 MECHANI CS THAT ARE NECESSARY TO PUT A SHOWTOGETHER.
866 299-5127
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1 YOU' LL NEVER SEE HI M OUT FRONT, AND YOU' LL HEAR HI M TELL
2 YOU THI S, BECAUSE HE NEVER I S. AND HE NEVER WANTED TO
3 BE.
4 AND LI KE MR. PHI LLI PS, HE LOVES ARTI STS, TOO,
5 BUT HE LOVES THEM VERY DI FFERENTLY. HE WANTS TO HELP
6 THEM REALI ZE THEI R CREATI VE VI SI ONS. THAT' S WHAT HE
7 DOES. I F AN ARTI ST WANTS A WATERFALL BEHI ND HI M, A WALL
8 OF WATER BEHI ND HI M, THAT' S WHAT HE DOES. HE HELPS TRY
9 TO MAKE THAT HAPPEN.
10 SO AT THI S POI NT, I N THE FALL OF 2008, WHEN
11 MI CHAEL J ACKSON AGAI N HAS REACHED OUT TO A. E. G. LI VE,
12 THAT PRI NCI PALLY MEANT HE REACHED OUT TO MR. PHI LLI PS
13 AND MR. GONGAWARE.
14 NOW, MR. PHI LLI PS HAD NEVER REALLY WORKED WI TH
15 MR. J ACKSON BEFORE, NEVER ON TOUR, BUT MR. GONGAWARE
16 HAD, AS YOU HEARD. AND AS A RESULT - - AND YOU' LL HEAR
17 THI S EVI DENCE - - WHI LE MR. PHI LLI PS, HE WAS EXCI TED
18 ABOUT THAT, HE WAS AS EXCI TED ABOUT MI CHAEL J ACKSON, BUT
19 HE WASN' T DYI NG TO DO THI S, PAUL GONGAWARE WAS. HE
20 WORKED WI TH HI M BEFORE. HE LOVED THI S I DEA. AND WHY
21 DI D HE LOVE I T? BECAUSE HE LOVED MI CHAEL J ACKSON. HE
22 THOUGHT HE WAS GENI US. GENI US ENTERTAI NER. ONE OF THE
23 GREATEST OF ALL TI ME. HE THOUGHT HE WAS I NCREDI BLY
24 SMART. HE THOUGHT HE WAS I NCREDI BLY ENGAGED I N THE
25 ENTI RE CREATI VE PROCESS, AND HE THOUGHT HE WAS A
26 PERFECTI ONI ST, SOMEONE WHO ALWAYS THOUGHT WHAT THE FAN
27 I N THE SEAT WANTED. AND THAT' S WHAT MR. GONGAWARE FELT,
28 WHAT DI D THE FAN I N THE SEAT WANT TO SEE? HE LOVED THE
866 299-5127
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1 I DEA OF HELPI NG MR. J ACKSON CREATE HI S VI SI ON OF WHAT HE
2 COULD GI VE HI S FANS I N THE COMEBACK TOUR. HE BELI EVED
3 MR. J ACKSON ONLY CARED ABOUT GETTI NG I T RI GHT AND
4 PUTTI NG ON A BETTER SHOWTHAN HI S FANS THOUGHT WERE
5 POSSI BLE. HE WAS VERY EXCI TED.
6 NOW, THAT SAI D, MR. GONGAWARE HADN' T WORKED
7 WI TH MR. J ACKSON I N A LONG TI ME. AND YOU HEARD A LI TTLE
8 BI T ABOUT WHEN HE WORKED WI TH HI M EARLI ER, AND I ' LL
9 EXPLAI N TO YOU A LI TTLE BI T ABOUT THAT, AND WE' LL SEE
10 WHAT THE EVI DENCE WI LL SHOWYOU.
11 THE FI RST TI ME MR. GONGAWARE WORKED WI TH ANYONE
12 RELATED TO MR. J ACKSON, HE WASN' T WORKI NG FOR
13 MR. J ACKSON. I T WAS MI CHAEL J ACKSON' S TOUR, HI S SECOND
14 TOUR, AND THAT WAS THE " DANGEROUS" TOUR OVER 20 YEARS
15 AGO. AND THEY WERE BOTH MUCH YOUNGER 20 YEARS AGO. AND
16 DURI NG THAT ENTI RE TOUR MR. GONGAWARE NEVER EVEN MET
17 MR. J ACKSON. MR. GONGAWARE DI DN' T HAVE THE POSI TI ON HE
18 HAS NOW. THAT WAS A LONG TI ME AGO. AND WHAT WAS HI S
19 J OB ON THAT TOUR? TO MAKE THE TRAVEL ARRANGEMENTS FOR
20 THE CREW. THAT' S WHAT HE DI D ON THAT TOUR. THAT' S I T.
21 AND THI S WAS THE TOUR THAT MI CHAEL J ACKSON AGAI N CUT
22 SHORT WHERE HE MADE A PUBLI C ANNOUNCEMENT BECAUSE HE HAD
23 A PROBLEM WI TH PAI NKI LLERS.
24 SO WHAT MR. GONGAWARE WAS EXPLAI NI NG, HE DI DN' T
25 REMEMBER THE E- MAI L. HE SAI D, " I DON' T REMEMBER THI S, "
26 " I DON' T REMEMBER THAT. " WHEN HE THOUGHT HE KNEWWHAT
27 HE WAS TALKI NG ABOUT, HE TOLD HI M.
28 AND WHEN HE WAS ASKED, " DI D YOU KNOW
866 299-5127
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1 MR. J ACKSON HAD A PROBLEM ON THAT TOUR?"
2 HE SAI D, " NO, I DI DN' T KNOW, BUT I KNEW
3 AFTERWARDS. "
4 BECAUSE AT THE END, EVERYONE KNEW, AND THAT' S
5 WHAT THE ACTUAL EVI DENCE WI LL SHOW, SO YOU NEED TO LOOK
6 AT THAT.
7 NOW, AS I SAI D, MR. GONGAWARE WAS I NCREDI BLY
8 EXCI TED ABOUT THI S. AND THE REASON HE WAS I NCREDI BLY
9 EXCI TED ABOUT THE " DANGEROUS" TOUR, I T WAS BECAUSE HE
10 HAD WORKED WI TH MR. J ACKSON AGAI N SEVERAL YEARS LATER ON
11 THE " HI STORY" TOUR. AND BY THE TI ME HE WORKED ON THE
12 " HI STORY" TOUR, HE HAD COME UP A LI TTLE BI T I N THE
13 STATI ON OF LI FE FOR CONCERT PROMOTERS. AND I N THI S
14 I NSTANCE, HE ENDED UP WORKI NG WI TH MR. J ACKSON, AND HE
15 REALLY CARED ABOUT HI M, AND HE LOVED WORKI NG WI TH HI M.
16 NOW, YOU HEARD I T SAI D EARLI ER TODAY, YOU SAW
17 WHERE HE REFERRED TO MR. J ACKSON AS MI KEY, AND THEY SAI D
18 THAT WAS A DERI SI VE TERM, HE WAS SAYI NG THAT I N A MEAN
19 WAY.
20 I F YOU LOOK AT THE REST OF THAT DEPOSI TI ON,
21 YOU' LL SEE WHAT HE ACTUALLY SAI D WHEN HE WAS ASKED THAT,
22 HE SAI D, " NO, THAT' S WHAT I CALLED HI M. I KNEWHI M
23 PERSONALLY. I KNEWHI M SO WELL BY THE SECOND TOUR, HE
24 ASKED I F I WOULD GO WORK FOR HI M PERSONALLY AFTERWARDS. "
25 HE WASN' T MAKI NG FUN OF MR. J ACKSON. HE LOVED
26 MR. J ACKSON, AND YOU WI LL SEE THAT ACTUAL TESTI MONY.
27 SO HE MET - - OH, I ' M SORRY, I SHOULD SAY
28 SOMETHI NG ABOUT THAT TOUR AS WELL.
866 299-5127
2178
1 REMEMBER, THE PRI OR TOUR WHERE HE DI DN' T REALLY
2 KNOWHI M, THERE WAS THI S I DEA THAT MR. J ACKSON HAD LEFT
3 BECAUSE OF HI S DEMONS WI TH PAI NKI LLERS, AND HE WENT OFF
4 TO REHAB. AND THAT WAS A COUPLE YEARS LATER, HE' S ON
5 THI S TOUR WI TH MR. GONGAWARE, AND HE WAS - - THOSE DEMONS
6 WERE NOWHERE PRESENT. NONE. THERE WAS ONE DATE
7 CANCELED. ONE. AND THAT WAS WHEN PRI NCESS DI ANA DI ED.
8 BY ALL ACCOUNTS, AND YOU' LL HEAR PEOPLE TESTI FY
9 TO THI S, I T WAS A VERY SUCCESSFUL TOUR. THE LAST
10 MR. GONGAWARE EVER WORKED WI TH, HE WAS CLEAN, CAPABLE,
11 CREATI VE AND WHAT MR. GONGAWARE CONSI DERED A GENI US.
12 AND THI S I S WHO MR. GONGAWARE LOOKED FORWARD TO SEEI NG
13 AGAI N I N 2008.
14 AND HE LOOKED AT MR. J ACKSON, THE PERSON
15 ACTUALLY I N FRONT OF THEM, HE TALKED TO HI M, AND HE WAS
16 EXCI TED, I NVI GORATED, AND HE WAS READY.
17 PAUL GONGAWARE SAWTHE ARTI ST THAT HE HAD
18 WORKED WI TH ON THE " HI STORY" TOUR, ALBEI T HE WAS 50
19 YEARS OLDER. I ' M SORRY. HE WAS 50 YEARS OLD THEN. HE
20 WAS 20 YEARS OLDER. THEY' RE BOTH OLDER. BUT THEN,
21 MR. J ACKSON WAS A 50- YEAR- OLD MAN WHO KNEWWHAT HE WAS
22 DOI NG, AND HE WAS READY TO ENTERTAI N AGAI N.
23 SO OVER THE NEXT SEVERAL MONTHS - - THI S WAS
24 2008, THE FALL - - CONVERSATI ONS OCCURRED BETWEEN
25 MR. J ACKSON' S BUSI NESS MANAGER, DR. TOHME, MR. PHI LLI PS
26 PRI NCI PALLY, AT TI MES MR. GONGAWARE, AND THEY STARTED TO
27 PUT TOGETHER WHAT THEY THOUGHT COULD BE THI S RETURN TO
28 THE WORLD STAGE.
866 299-5127
2179
1 THEI R LAWYERS ENDED UP GETTI NG I NVOLVED, THE
2 MANAGERS, ACCOUNTANTS, AND ULTI MATELY THEY HAMMERED OUT
3 A PLAN. AND THAT PLAN WAS GOI NG TO BE A RESI DENCY, I T
4 WASN' T GOI NG TO BE A TOUR, COUNTRY TO COUNTRY. I T WAS
5 GOI NG TO BE A RESI DENCY I N LONDON.
6 NOW, YOU HEARD THAT LONDON WAS HI S FAVORI TE
7 CI TY, BEST CI TY I N THE WORLD. THAT WAS THE PRESS
8 RELEASE. YOU' LL HEAR WHY THEY DECI DED ON LONDON.
9 THEY DECI DED ON LONDON BECAUSE THEY DI DN' T KNOW
10 WHAT RESPONSE MR. J ACKSON WAS GOI NG TO GET. AND
11 HI STORI CALLY, LONDON I S A PLACE WHERE MR. J ACKSON WAS
12 CLEARLY LOVED. THEY WERE AFRAI D OF GOI NG TO THE STATES
13 BECAUSE OF WHAT HAPPENED I N THE STATES. LET' S GO TO A
14 PLACE WHERE WE KNOWHE HAS A GREAT FAN BASE, AND LET' S
15 SEE WHAT THE REACTI ON I S THERE. BECAUSE, TO BE FRANK,
16 NOBODY KNEWWHAT I T WOULD BE. WOULD I T BE THI S ENORMOUS
17 RESPONSE OR WOULD I T NOT BE? THAT' S WHY THEY CHOSE
18 LONDON. AND THEY CHOSE THE O2. THEY PLANNED TO HAVE I T
19 START I N J ULY OF 2009.
20 AT THAT TI ME THEY HAD NO I DEA OF DEMAND. WHEN
21 THEY THOUGHT OF HOWMUCH SHOWS, THEY AGREED TO UP TO AS
22 MANY AS 31, BUT THEY DON' T ANNOUNCE THAT. THAT' S WHAT
23 THE AGREEMENT WOULD BE. THEY ANNOUNCED 10 I NI TI ALLY.
24 LET' S SEE I F PEOPLE WERE I NTERESTED. BUT THEN I F HE HAD
25 THE ABI LI TY, WI TH THE AGREEMENT THAT THEY WERE GOI NG TO
26 COME TO, ULTI MATELY I T GOES TO 31.
27 THEY WENT BACK AND FORTH ON THI S, AND BY
28 J ANUARY OF 2009, THEY HAD WORKED EVERYTHI NG OUT, AND
866 299-5127
2180
1 THEY WERE READY TO FI NALI ZE, AND THEY FI NALI ZED THI S
2 AGREEMENT ON J ANUARY 26TH, 2009.
3 I ' LL SHOWYOU I T HERE ( I NDI CATI NG) . THERE WI LL
4 BE LOTS OF TI MES THROUGH THE TRI AL YOU' LL SEE LOTS OF
5 THI S. THERE WAS THI S AGREEMENT. THEY GOT TOGETHER AT
6 MR. J ACKSON' S HOUSE. YOU' LL HEAR THE HOUSE THAT A. E. G.
7 PROVI DED.
8 J UST AS PART OF THE AGREEMENT, THERE WERE A
9 NUMBER OF ADVANCES THAT WERE MADE TO MR. J ACKSON. HE
10 WAS I NCREDI BLY I N DEBT. HE WAS ALSO BEI NG SUED BY
11 PEOPLE. HE HAD I MMEDI ATE PAYMENTS THAT HE HAD TO MAKE.
12 AND AS PART OF THE AGREEMENT, AND AS PART OF THAT
13 AGREEMENT, ALSO, HE NEEDED A PLACE TO LI VE.
14 AND SO THEY ADVANCED THE MONEY TO MR. J ACKSON,
15 AND THAT' S WHAT THEY DO. THEY ADVANCE THE MONEY HE HAS
16 TO PAY BACK SO HE HAS A HOUSE. NOW, YOU WERE TOLD
17 EARLI ER THE HOUSE THAT A. E. G. PI CKED FOR HI M. WATCH THE
18 EVI DENCE. THAT' S NOT WHAT THE EVI DENCE WI LL SHOWYOU.
19 THE EVI DENCE WI LL SHOWYOU I T WAS THE HOUSE THAT HI S
20 MANAGER PI CKED FOR HI M THAT A. E. G. AGREED TO ADVANCE THE
21 MONEY FOR.
22 SO, ANYWAY, THEY SI GN THI S AGREEMENT ON
23 J ANUARY 26TH, 2009. THEY DO I T AT MR. J ACKSON' S HOUSE
24 ON CAROLWOOD. MR. PHI LLI PS WAS THERE, MR. GONGAWARE WAS
25 THERE. SO WERE THE LAWYERS. YOU' LL SEE EVI DENCE THAT
26 SHOWS THAT MR. J ACKSON SAI D HE READ THE WHOLE THI NG,
27 WENT THROUGH I T WI TH HI S LAWYERS, AND ULTI MATELY HE
28 SI GNED I T. THAT' S MR. J ACKSON' S SI GNATURE YOU SEE THERE
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1 FOR BOTH HI MSELF AND HI S COMPANY ( I NDI CATI NG) . AND
2 ABOVE THAT, YOU' LL SEE BRANDON PHI LLI PS - - THAT' S RANDY
3 PHI LLI PS' REAL NAME - - SI GNI NG AT MR. J ACKSON' S HOUSE.
4 AGAI N, THE LAWYERS, EVERYONE I S PRESENT. AND YOU' LL
5 SEE, MR. J ACKSON SAI D AT THE TI ME HE WAS I NCREDI BLY
6 EXCI TED, COULDN' T WAI T TO MOVE FORWARD. AND SO WAS
7 MR. PHI LLI PS AND MR. GONGAWARE. THI S WAS EXCI TI NG.
8 MI CHAEL J ACKSON WAS COMI NG BACK TO THE WORLD STAGE.
9 J ANUARY 26TH, 2009.
10 NOW, I WANT TO J UST NOTE, YOU' LL SEE I T SEVERAL
11 WEEKS FROM NOW- - REMEMBER, YOU HAVE TO WAI T FOR OUR
12 SI DE FOR QUI TE A WHI LE, AND I ASKED YOU ALL BEFORE,
13 PLEASE WAI T UNTI L THEN TO HEAR EVERYTHI NG BEFORE YOU
14 MAKE A DECI SI ON AS TO WHAT HAPPENED, AND WHAT YOU
15 BELI EVE THE OUTCOME SHOULD BE. AND THERE' S LOTS OF
16 REASONS FOR THAT, AND I ' LL GI VE YOU ONE EXAMPLE.
17 YOU WERE TOLD EARLI ER TODAY, FOR EXAMPLE, THAT
18 THI S CAME UP, THI S VI SUAL, AND THEN THERE WAS SOMETHI NG
19 BLOCKED OUT, NOT WORDS, BUT WHAT THEY SAI D WAS WHAT EACH
20 SI DE, THE REQUI REMENTS WERE. YOU REMEMBER THAT?
21 NOW, THE AGREEMENT SAYS WHAT THE REQUI REMENTS
22 WERE. BUT NONETHELESS, WHAT THEY SAI D ON ONE SI DE WAS
23 THE REQUI REMENTS WERE MR. J ACKSON GO TO REHEARSAL.
24 THAT' S NOT THE CASE. YOU WANT TO KNOWWHY? THESE
25 AGREEMENTS ARE NEVER ABOUT GOI NG TO REHEARSAL; THEY' RE
26 ABOUT SHOWS.
27 THE AGREEMENT YOU COME UP WI TH, WI TH A PERSON,
28 YOU AGREE TO A CERTAI N NUMBER OF SHOWS AND PLACES, BUT
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1 THERE' S NOTHI NG I N I T ABOUT THE I DEA YOU HAVE TO GO TO
2 REHEARSALS, YOU HAVE TO PERFORM A CERTAI N WAY. THAT' S
3 NOT UP TO A. E. G. LI VE. I T' S UP TO THE ARTI ST. THEY
4 DECI DE WHAT THE SHOWI S GOI NG TO BE LI KE AND HOWTHEY
5 PUT I T ON. I F THEY DON' T WANT TO REHEARSE, THEY DON' T
6 HAVE TO REHEARSE. THEY WANT TO REHEARSE EVERY DAY, THEY
7 CAN. THAT' S PART OF THE CREATI VE TEAM. THE CREATI VE
8 TEAM WANTS TO SAY I WANT TO SEE HI M MORE, THAT' S WHEN
9 MI CHAEL CHOSE MR. ORTEGA.
10 BUT, AGAI N, WAI T UNTI L THE END UNTI L YOU HEAR
11 EVERYTHI NG AND DECI DE WHAT WAS ACTUALLY NECESSARY AND
12 REQUI RED HERE.
13 NOW, I WANT TO TALK ABOUT THE REQUI REMENT FOR
14 - - I MEAN, TALK ABOUT THE AGREEMENT FOR A SECOND. I
15 DON' T THI NK YOU' RE GOI NG TO HEAR ANYBODY TELL YOU, BUT
16 WE' LL HEAR THAT THI S WAS A BAD DEAL FOR MI CHAEL J ACKSON;
17 ALL RI GHT?
18 YOU' LL LOOK THROUGH I T, AND YOU' LL BE TOLD WHAT
19 HAPPENED. BUT THI S DEAL, THE WAY I T WORKED, AS I TOLD
20 YOU, I S THEY ADVANCED FUNDS TO MR. J ACKSON THAT HE WOULD
21 HAVE TO PAY BACK, AND ANY PROFI TS WERE SPLI T 90/ 10. LET
22 ME READ YOU WHAT I T SAYS.
23 I T SAYS, " CONTI NGENT COMPENSATI ON. "
24 " ARTI ST SHALL BE ENTI TLED TO
25 RECEI VE 90 PERCENT OF THE NET FULL
26 REVENUE ON AN ACTUALLY COLLATERALI ZED
27 BASI S, CONTI NGENT COMPENSATI ON. "
28 I T GOES ON FROM THERE. THI S I S J UST THE I NTRO,
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1 BUT I ' LL SHOWYOU THE ACTUAL LANGUAGE. AND THAT' S WHAT
2 YOU HAVE TO LOOK AT, LOOK AT THE ACTUAL AGREEMENT.
3 MR. J ACKSON I S GETTI NG 90 PERCENT OF ANY PROFI TS HERE.
4 NOW, I F YOU GO ON FURTHER ON THE AGREEMENT,
5 " ADVANCES. " THI S I S THE THI NG I TOLD YOU ABOUT. 8. 2
6 TALKS ABOUT PRODUCTI ON ADVANCES. SO THE ENTI RE
7 PARAGRAPH:
8 " PROMOTER SHALL MAKE ADVANCES
9 TO COVER THE MUTUALLY- APPROVED
10 PRODUCTI ON COSTS. " THAT' S THE I DEA I ' M TALKI NG
11 ABOUT, ADVANCES. THEY WI LL ADVANCE THE MONEY, THEY WI LL
12 ADVANCE I T FOR PRODUCTI ON COSTS.
13 NOW, I N THERE I T TALKS ABOUT THE I DEA AT THE
14 TI ME I T WAS $7. 5 MI LLI ON. THAT FI GURE I NCREASED OVER
15 TI ME. AND PART OF THE REASON THAT FI GURE I NCREASED, SO
16 EVERYONE KNOWS - - AND YOU' LL SEE EVI DENCE THAT WI LL SHOW
17 YOU THI S - - I T I NCREASED BECAUSE ONCE TI CKETS WENT ON
18 SALE, THEY SAWTHERE WAS AN AUDI ENCE TO SEE MR. J ACKSON.
19 SO AS MONI ES CAME I N, THEY WERE PUT I N THE BANK, AND
20 THEY KNEWTHE TOUR WOULD BE ABLE TO COVER THOSE COSTS.
21 BUT I NI TI ALLY I T WAS 7. 5 BEFORE.
22 NOW, WHAT ARE PRODUCTI ON COSTS? WHAT ARE THESE
23 THI NGS THEY WERE ADVANCI NG? THE AGREEMENT SAYS THAT.
24 THE REASON I TELL YOU ALL THI S, I S WHEN YOU GO BACK I N
25 THAT ROOM AFTER THE TRI AL TO DECI DE THI S, THI S I S THE
26 STUFF YOU HAVE TO LOOK AT.
27 WHAT DOES THE AGREEMENT ACTUALLY SAY? WHAT
28 DOES THI S SAY?
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1 " PRODUCTI ON COSTS MEANS THE
2 FOLLOWI NG: PERSONNEL COSTS FOR TOUR
3 PARTY. "
4 TALKS ABOUT TRANSPORTATI ON, FOOD
5 ACCOMMODATI ONS, SALARI ES, WAGES, PER DI EMS, PAYROLL
6 TAXES, DANCERS, OTHER NON- MANAGEMENT MEMBERS OF THE TOUR
7 PARTY. THI S I S WHAT A. E. G. WAS ADVANCI NG TO
8 MR. J ACKSON SO HE COULD PUT HI S TOUR TOGETHER. THESE
9 WERE THE PRODUCTI ON COSTS THEY WOULD PUT FORWARD.
10 AND SO, FOR EXAMPLE, YOU SAWWHERE THEY SHOWED
11 YOU THE BUDGET WHERE, AFTER THE FI RST TI ME MR. J ACKSON
12 SAI D, " I WANT TO BRI NG MY DOCTOR. " AND ALL OF A SUDDEN
13 THERE' S A LI NE NOWFOR THAT. OF COURSE THERE' S A LI NE.
14 THEY HAVE TO BUDGET I T. THEY' RE ADVANCI NG THE MONEY.
15 THAT' S HOWTHE CONTRACT WORKS.
16 ALL RI GHT. GOI NG ON FROM THERE, CONTRACT GOES
17 ON TO SAY - - I ' M SORRY. TRYI NG TO SKI P AHEAD A LI TTLE
18 BI T. AND SO LET ME GI VE YOU AN EXAMPLE OF SOME OF THE
19 PEOPLE, BECAUSE YOU SAWSOME FROM THE LI TTLE CLI P YOU
20 SAW.
21 A. E. G. LI VE I S ADVANCI NG TO MR. J ACKSON, SO
22 THESE PEOPLE ARE GOI NG TO BE PAI D. WHO DOES THAT
23 I NCLUDE? REMEMBER THE BLONDE WOMAN YOU SAWPI CKI NG THE
24 GUI TAR? THE WOMAN, SHE GOES UP AND STARTS DANCI NG, WI TH
25 THE LONG, BLONDE HAI R? HER NAME I S ORI ANTHI . THAT WAS
26 MR. J ACKSON' S GUI TARI ST. THAT WAS A PRODUCTI ON COST.
27 SO HER SALARY WAS BEI NG ADVANCED BY A. E. G. LI VE AT MR.
28 J ACKSON' S REQUEST. HE' S HI RI NG HER.
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1 NEXT, KENNY ORTEGA. YOU HEARD ABOUT KENNY
2 ORTEGA, THE CREATI VE DI RECTOR. THAT WAS ANOTHER COST.
3 THAT WAS A PRODUCTI ON COST BEI NG ADVANCED BY A. E. G.
4 LI VE. SOMEONE CHOSEN BY MR. J ACKSON. THI S I S A MAN WHO
5 HAD WORKED WI TH MR. J ACKSON PREVI OUSLY ON THE
6 " DANGEROUS" TOUR, THE " HI STORY" TOUR, AND MR. J ACKSON
7 WANTS HI M AGAI N FOR HERE, AND THI S I S WHAT THE EVI DENCE
8 WI LL SHOWYOU WAS HI S CHOI CE.
9 SOME OF YOU HEARD ABOUT TRAVI S PAYNE, THE
10 CHOREOGRAPHER, SOMEONE MR. J ACKSON WORKED WI TH SEVERAL
11 TI MES. I NCREDI BLY SUCCESSFUL MAN. AND YOU' LL HEAR HI M
12 TESTI FY. ANOTHER EXAMPLE OF PRODUCTI ON EXPENSES BEI NG
13 ADVANCED BY A. E. G. LI VE FOR MR. J ACKSON' S TOUR PARTY.
14 NOW, GOI NG ON FROM THERE, GO TO - - NOW, THI S
15 WAS THE RECOUP PART THAT I WAS TALKI NG TO YOU ABOUT:
16 " THE PROMOTER SHALL BE
17 ENTI TLED TO EXCLUDE SOME PRODUCTI ON
18 ADVANCES FROM CONTI NUOUS COMPENSATI ON
19 AS OTHERWI SE PAYABLE TO THE ARTI ST. "
20 THE ARTI ST I S MI CHAEL J ACKSON. THEY GET THEI R
21 MONEY BACK FROM HI M. THI S I S WHAT THI S I S ABOUT.
22 AND WHAT THI S MEANS I S, MI CHAEL J ACKSON HAD TO PAY BACK
23 ALL OF THE ADVANCES THAT A. E. G. LI VE MADE. HE WAS
24 RESPONSI BLE FOR ORI ANTHI , ORTEGA, TRAVI S PAYNE, AND ALL
25 KI NDS OF PEOPLE.
26 YOU WI LL SEE, I T WAS MI CHAEL J ACKSON' S MONEY
27 THEY WERE PUTTI NG I T I N TRUST FOR HI M. HE HAS TO PAY I T
28 BACK. AND YOU' LL SEE THROUGHOUT THAT THEY DI DN' T AGREE
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1 TO DO THI S, BUT THEY DI D. THAT WAS PART OF THEI R
2 AGREEMENT WI TH MR. J ACKSON.
3 SO WHEN YOU SEE THI NGS COMI NG UP WHERE, FOR
4 EXAMPLE, THE E- MAI L YOU SAWWI TH PAUL GONGAWARE, WHERE
5 HE SAYS, " WE ARRI VED AT A FI GURE, " THEY HAD ARRI VED AT A
6 FI GURE.
7 I F THEY WERE GOI NG TO ADVANCE THE MONEY TO PAY
8 FOR MR. J ACKSON' S PERSONAL PHYSI CI AN, THEY HAD TO KNOW
9 WHAT THAT WAS. AND I F MR. J ACKSON HAD ULTI MATELY HAD
10 MR. - - DR. CONRAD GO WI TH HI M ON TOUR, THEY WOULD HAVE
11 ADVANCED THAT MONEY. NO ONE I S GOI NG TO TELL YOU
12 OTHERWI SE. I T' S LI KE EVERY OTHER THI NG HERE.
13 NOW, THI S WASN' T J UST I N THE PARTY' S AGREEMENT,
14 AS YOU KNOW. THI S WAS ACTUALLY HOWEVERYBODY UNDERSTOOD
15 I T. AND THAT' S I MPORTANT, AND SOMETHI NG YOU' VE GOT TO
16 WATCH, HOWPEOPLE UNDERSTAND THE AGREEMENT.
17 AND I WANT TO GI VE YOU AN EXAMPLE. THE E- MAI L
18 AND TESTI MONY YOU' RE GOI NG TO SEE, AND THI S I S WHEN
19 MI CHAEL J ACKSON HAD TOLD PAUL GONGAWARE - - REMEMBER THE
20 TECHY GUY? - - THAT HE WANTED TRAVI S PAYNE AGAI N AS HI S
21 CHOREOGRAPHER. AND HE WANTED MR. GONGAWARE TO TRY TO
22 MAKE THAT HAPPEN, TO BE DONE.
23 BUT I N THE END, I T TURNED OUT THAT I T WAS
24 MR. J ACKSON WHO THEN HAD TO FI NALLY SI GN OFF ON I T. HE
25 SAI D, " I WANT HI M. " THAT DOESN' T MEAN I T J UST HAPPENS.
26 AFTER HE SAI D THAT' S WHAT I WANT, THAT' S THE AMOUNT OF
27 MONEY, THAT' S RI GHT.
28 AND I ' LL GI VE YOU AN EXAMPLE. I T' S RI GHT HERE.
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1 THI S I S TO MR. ORTEGA. TALKI NG TO MR. ORTEGA, THAT' S
2 THE GUY, THE CREATI VE DI RECTOR. FROM PAUL GONGAWARE,
3 AND HE' S CC' D FRANK DELEO, ONE OF THE MANAGERS AT THE
4 TI ME. I TOLD YOU THEY KEPT CHANGI NG.
5 AND SO TO KO, " THANKS FOR THE SUMMARY. SPOT
6 ON. "
7 GOES ON. HE TALKS ABOUT WHAT THEY WANT TO DO
8 I N TERMS OF PAYI NG THI S PERSON CHOSEN BY MR. J ACKSON.
9 BECAUSE ORTEGA WAS COMPLAI NI NG I T WASN' T FI NI SHED YET,
10 WHY I SN' T I T HAPPENI NG?
11 AND I T SAYS, " THI S I S NOT A. E. G. MONEY, I T' S
12 MJ ' S MONEY. "
13 SO I T TAKES A WHI LE TO GET A CONSENSUS AND
14 APPROVALS EVERY TI ME THI NGS CHANGE.
15 THAT' S THE WAY MR. GONGAWARE UNDERSTOOD I T.
16 THI S I S ONE OF THE PRODUCTI ON PEOPLE I TALKED TO YOU
17 ABOUT. " THI S I S" - - " I WANT THI S PERSON. YOU HELP FI ND
18 I T. DO I T. " AND THEN HE HAS TO GET FI NAL APPROVAL ON
19 I T. UNTI L HE DOES, I T' S NOT FI NALI ZED, BECAUSE I T' S
20 MR. J ACKSON' S MONEY. THEY' RE ADVANCI NG I T TO HI M. SO,
21 ALSO, THAT WI LL EXPLAI N WHAT YOU SAWWHEN YOU THI NK - -
22 WHAT MR. GONGAWARE SAI D I N THAT DEPOSI TI ON YOU SAW.
23 HE SAYS, " I DON' T UNDERSTAND THAT LI NE BECAUSE
24 I T DOESN' T MAKE SENSE. " THAT' S WHY I T DOESN' T MAKE
25 SENSE TO HI M. AND HE' LL BE HERE TO EXPLAI N THAT.
26 NOW, GO ON FROM THERE. SO I WANTED TO SHOWYOU
27 THI S, BECAUSE YOU HAVE LOTS OF PEOPLE TALKI NG ABOUT
28 THI S. I T' S A THI CK DOCUMENT. I T' S NOT FUN TO GO
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1 THROUGH, I PROMI SE YOU. SI NGLE PAGE, AS YOU CAN SEE,
2 BUT I T' S I MPORTANT, BECAUSE I T DEFI NED THE NATURE OF THE
3 RELATI ONSHI P BETWEEN MR. J ACKSON AND A. E. G. LI VE, AND
4 THAT' S WHAT WE HAVE TO GO ON TO SEE HOWI T ACTUALLY
5 WORKED, NOT HOWSOME PEOPLE ARGUE I T WORKS.
6 SO THI S I S SI GNED J ANUARY 26TH, 2009. WHAT
7 HAPPENS NEXT? A PHYSI CAL. WE' RE NOWI N FEBRUARY 2009.
8 AFTER A. E. G. LI VE AND MI CHAEL HAD SI GNED THE TOUR
9 AGREEMENT, OFTEN REFERRED TO AS THE " TOUR AGREEMENT, "
10 MI CHAEL J ACKSON WAS REQUI RED TO GET A PHYSI CAL.
11 NOW, THI S WAS NOT BECAUSE ANYONE HAD ANY
12 CONCERNS ABOUT MR. J ACKSON. WASN' T BECAUSE THEY LOOKED
13 AND SAI D, UHM, NOT SO SURE. THI S I S STANDARD PRACTI CE.
14 YOU' LL HAVE PEOPLE TELL YOU I T' S STANDARD PRACTI CE TO
15 GET I NSURANCE. THEY' LL TRY TO ARGUE TO YOU THAT THEY
16 DI D THI S BECAUSE THEY WERE REALLY WORRI ED ABOUT
17 MR. J ACKSON SPECI FI CALLY.
18 YOU' LL HEAR TESTI MONY, TESTI MONY THAT SHOWS YOU
19 THAT' S NOT THE CASE. THE TESTI MONY SAYS THAT' S WHAT
20 THEY DO. YOU GET I NSURANCE. I T' S CALLED NONAPPEARANCE
21 I NSURANCE. AND THI S I S I N FEBRUARY. AND HE' S OFF TO
22 HAVE THE PHYSI CAL, BECAUSE BEFORE ANY I NSURER I S GOI NG
23 TO CONSI DER THI S, YOU HAVE TO HAVE A PHYSI CAL; ALL
24 RI GHT?
25 AND WHAT DOES THI S COVER, THI S I NSURANCE, I N
26 GENERAL? LI STEN TO WHAT THE TESTI MONY WI LL TELL YOU.
27 MADE I T SOUND LI KE THI S I S TO MAKE SURE A. E. G. LI VE I S
28 COVERED. REMEMBER, A. E. G. LI VE I S COVERED. THEY GET
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1 PAI D BACK. WHAT DOES THI S DO?
2 THI S I NSURANCE I S FOR ANY OF THESE TYPES OF
3 PRODUCTI ON COSTS. I F A DATE DOESN' T HAPPEN, LI KE THE
4 DAY PRI NCESS DI ANA DI ED, AND THAT WAS THE ONE DAY
5 MR. J ACKSON CANCELED THE " HI STORY" TOUR, I F THAT HAD
6 OCCURRED BECAUSE OF SI CKNESS, THE I NSURANCE DOES - - I T
7 PAYS FOR THE COST OF THAT NOT HAVI NG OCCURRED.
8 NOW, THAT WOULD GO TO A. E. G. LI VE, BECAUSE THEY
9 PUT I T ON. BUT WHOSE DEBT I S I T? MR. J ACKSON' S. SO
10 THE I NSURANCE I S COVERI NG MR. J ACKSON SO THAT HE DOESN' T
11 HAVE TO PAY THAT BACK WHEN THERE' S A NONAPPEARANCE. SO
12 LI STEN TO WHAT THE TESTI MONY SHOWS YOU. AND AS A RESULT
13 OF THAT, MR. J ACKSON WANTED TO GET A PHYSI CAL. HE
14 WANTED TO BE COVERED I N THAT WAY, AND THE PHYSI CAL
15 ACTUALLY HAPPENED.
16 YOU' RE GOI NG TO HEAR ABOUT THAT PHYSI CAL, AND
17 WHAT WAS FOUND OUT ABOUT THAT. AND YOU' RE GOI NG TO FI ND
18 OUT THAT WHAT HAPPENED WAS, THERE WAS A GUY NAMED
19 DR. SLAVI T WHO PERFORMED THE PHYSI CAL. DR. SLAVI T
20 WASN' T CHOSEN BY ANYONE OTHER THAN THE I NSURANCE BROKER.
21 THE I NSURANCE BROKER GOT DR. SLAVI T TO PROVI DE THI S
22 PHYSI CAL.
23 THE PHYSI CAL HAPPENED WI TH MR. J ACKSON, AND
24 YOU' RE GOI NG TO HEAR HI S TESTI MONY. AND I T' S I MPORTANT
25 FOR TWO REASONS:
26 FI RST, YOU SAWMR. J ACKSON. HE DI D A PHYSI CAL,
27 WHAT I BELI EVE WE UNDERSTAND TO BE COMPLETE PHYSI CAL.
28 BLOOD WORK WAS DONE, ET CETERA. AND HE DETERMI NED
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1 MR. J ACKSON WAS HEALTHY. HE SAWNO SI GNS WHATSOEVER OF
2 DRUG USE, AND THAT' S I MPORTANT.
3 WHAT' S ALSO I MPORTANT I S THI S: AT THAT TI ME - -
4 THI S I S FEBRUARY 2009 - - MR. J ACKSON EXPLAI NED TO HI M
5 THAT HE HAD A LONG- TI ME PERSONAL PHYSI CI AN NAMED
6 DR. CONRAD MURRAY. THAT WAS HI S PERSONAL PHYSI CI AN WHO
7 TREATED HI M ON A REGULAR BASI S. THAT' S WHAT HE TOLD
8 HI M.
9 AND YOU WERE SHOWN SOMETHI NG, THAT THEY COULD
10 ONLY FI ND SEVEN TI MES I N THE PRI OR TWO AND A HALF YEARS
11 WHERE HE HAD PAYMENTS. I THI NK SEVEN TI MES TO A
12 PHYSI CI AN I N TWO AND A HALF YEARS I S A FAI R NUMBER OF
13 TI MES. I THI NK ONE MI GHT CALL THAT A PERSONAL
14 PHYSI CI AN. BUT I THI NK YOU' LL ALSO FI ND THOSE AREN' T
15 THE ONLY TI MES THAT MR. J ACKSON SAWDR. MURRAY.
16 DR. SLAVI T WI LL TESTI FY ABOUT A PHYSI CAL THAT
17 DR. MURRAY HAD PROVI DED, HAD GI VEN TO MI CHAEL J ACKSON
18 J UST MONTHS BEFORE, AND I T WASN' T ONE OF THE SEVEN YOU
19 SAWUP THERE. LOOK AT THE EVI DENCE THAT PEOPLE ARE
20 SHOWI NG YOU.
21 DR. SLAVI T WI LL TELL YOU THAT WHEN HE TALKED
22 ABOUT DR. CONRAD MURRAY WI TH MR. J ACKSON, MR. J ACKSON
23 GAVE HI M LONG DETAI LS ABOUT WHAT HE THOUGHT ABOUT HI M.
24 THAT EVI DENCE WI LL COME I N HERE.
25 NOW, WHY DO I THI NK THAT' S I MPORTANT? THAT' S
26 FEBRUARY OF 2009. A. E. G. LI VE NEVER EVEN HEARD OF HI M
27 BEFORE. THEY DI DN' T HEAR ABOUT HI M UNTI L MONTHS LATER.
28 DR. CONRAD MURRAY WAS ALREADY TREATI NG MR. J ACKSON AND
866 299-5127
2191
1 HAD BEEN FOR QUI TE SOME TI ME, AND THE EVI DENCE WI LL SHOW
2 HE ARRI VED I N LOS ANGELES AT MR. J ACKSON' S DI RECTI ON,
3 AND HE WAS TREATI NG HI M HERE LONG BEFORE A. E. G. LI VE
4 HEARD OF HI M. LONG BEFORE MI CHAEL J ACKSON CAME AND
5 SAI D, HI . I WOULD LI KE YOU TO ASSUME DR. CONRAD
6 MURRAY' S SALARY LI KE YOU DO WI TH OTHER PEOPLE I N THE
7 TOUR PARTY.
8 NOW, WHAT' S ALSO I MPORTANT ABOUT THI S I S A. E. G.
9 LI VE DI DN' T HEAR ABOUT ANY OF THI S I N FEBRUARY OF 2009
10 FOR THE SAME REASON I WAS TALKI NG TO YOU ABOUT THE
11 PHYSI CI AN/ PATI ENT PRI VACY.
12 A. E. G. LI VE DI DN' T KNOWWHAT HAPPENED I N THERE.
13 THEY COULDN' T, BECAUSE I T WAS BETWEEN A DOCTOR AND A
14 PATI ENT, DR. SLAVI T AND MI CHAEL J ACKSON. WE ONLY KNOW
15 THE THI NGS I ' VE J UST TOLD YOU ABOUT, BECAUSE WI TH THI S
16 LAWSUI T, WE WERE ABLE TO FI ND OUT I N DI SCOVERY ALL THE
17 THI NGS THAT WERE SAI D.
18 ALL A. E. G. LI VE KNEWAT THE TI ME WAS MI CHAEL
19 J ACKSON HAD HAD A PHYSI CAL AND THAT HE PASSED WI TH
20 FLYI NG COLORS. THAT' S ALL THEY KNEW.
21 BUT AGAI N, I T' S I MPORTANT, BECAUSE YOU HAVE TO
22 LOOK AT WHAT THEY UNDERSTOOD I N 2009. AND I N 2009, HE
23 WAS ENGAGED, HE WAS READY, HE WAS I NTERESTED, AND HE
24 WENT AND HAD A PHYSI CAL, AND THE DOCTOR SAI D THE EXACT
25 SAME THI NG.
26 NOW, GOI NG ON FROM THERE, THI S I S FEBRUARY
27 2009. CONTRACT WAS SI GNED I N J ANUARY OF 2009. AND WHAT
28 HAPPENS AFTER THI S? WELL, THEY START TO GET READY FOR
866 299-5127
2192
1 THE ANNOUNCEMENT OF THE SHOW. AND THE FI RST SHOWWAS
2 PLANNED FOR J ULY.
3 SO THEY STARTED TO MAKE PREPARATI ONS FOR THE
4 SALE OF TI CKETS, THE SALE OF TI CKETS THAT WOULD OCCUR,
5 BEI NG ANNOUNCED OUT OF LONDON. AND YOU' LL SEE THE
6 EVI DENCE THAT SHOWS MR. J ACKSON WAS ENGAGED RI GHT FROM
7 THE GET- GO. NOTHI NG WAS TOO MUCH FOR HI M TO BE ENGAGED
8 I N. THI S I S NOT, AS YOU MAY HAVE THOUGHT FROM WHAT YOU
9 HEARD EARLI ER, HE WAS DI SENGAGED AND I T WASN' T
10 HAPPENI NG. NOT AT ALL. HE WAS FULLY ENGAGED.
11 I N FACT, I N THI S TI ME PERI OD, YOU' LL HEAR ABOUT
12 THI S I DEA, ONE OF THI NGS THAT WAS DONE, THI S SMALL TV
13 SPOT I N LONDON, MR. J ACKSON HELPED TO WORK ON. HE WAS
14 VERY AWARE OF HI S PUBLI C I MAGE. HE WAS VERY AWARE OF
15 WHAT I T MEANT TO PUT ON THE PUBLI C MI CHAEL J ACKSON, AND
16 HE GOT I NVOLVED RI GHT AWAY FROM THE ANNOUNCEMENT OF THE
17 SHOWHOWI T WOULD HAPPEN. AND THEY STARTED GETTI NG
18 READY FOR THE MARCH ANNOUNCEMENT, WHAT YOU SAWA LI TTLE
19 EARLI ER.
20 NOW, I ' M NOT GOI NG TO GO THROUGH THE WHOLE
21 PRESS CONFERENCE, BUT LET ME SHOWYOU THE STI LL. YOU
22 SAWTHE ANNOUNCEMENTS THAT HAPPENED I N LONDON AND NOW
23 I NTO MARCH OF 2009 ( I NDI CATI NG) .
24 NOW, YOU WERE SHOWN A BUNCH OF E- MAI LS BEFORE
25 WHERE I THI NK I T WAS " THE WALLS WERE SHAKI NG, " AND " I ' M
26 YELLI NG AT HI M, " " HE' S A MESS. " YOU REMEMBER THOSE
27 E- MAI LS BEFORE? THEY SAI D THAT WAS A RED FLAG.
28 YOU' RE GOI NG TO HEAR TESTI MONY ABOUT WHAT
866 299-5127
2193
1 ACTUALLY HAPPENED THAT DAY; ALL RI GHT? YOU' LL HEAR
2 TESTI MONY THAT I T WAS AN I NCREDI BLY FRANTI C DAY. YOU
3 HAVE TO REMEMBER, MI CHAEL J ACKSON LEFT THE WORLD STAGE
4 YEARS BEFORE. HE LEFT UNDER A CLOUD AT THE TI ME,
5 DESPI TE THE FACT HE HAD BEEN ACQUI TTED, HE HAD GONE I NTO
6 HI DI NG I N THE MI DDLE EAST. HE WAS NOWBACK, AND NO ONE
7 KNEWWHAT THE RESPONSE WAS GOI NG TO BE, ESPECI ALLY
8 MR. J ACKSON; ALL RI GHT? THI S I S HI S FI RST STEP BACK OUT
9 AFTER THI S, AND HE WAS I NCREDI BLY NERVOUS,
10 UNDERSTANDABLY. AND I N ADDI TI ON, AS WE NOWKNOW, HE WAS
11 I NCREDI BLY I N DEBT. HE NEEDED THI S TO WORK.
12 AND AS A RESULT, I THI NK THAT WHAT YOU' LL SEE,
13 I F YOU THEN LOOK THROUGH WHAT WAS ACTUALLY SAI D AT THE
14 TI ME, AND YOU HEAR THE TESTI MONY OF MR. PHI LLI PS, I T' S
15 UNDERSTANDABLE WHAT WAS HAPPENI NG WI TH MR. J ACKSON AT
16 THE TI ME. I T' S UNDERSTANDABLE THAT HE WAS NERVOUS.
17 AND YOU WI LL HEAR LOTS OF TESTI MONY ABOUT THAT,
18 BUT YOU' RE GOI NG TO HAVE TO HEAR I T I N THE CONTEXT OF
19 WHAT ACTUALLY HAPPENED. AND YOU' LL HAVE TO LOOK AT I T
20 I N THE CONTEXT OF WHAT THEN OCCURRED.
21 YOU SAWTHE ANNOUNCEMENT. YOU SAWTHAT THEY
22 SAI D, YOU KNOW, WHAT HE WAS UNABLE TO DO, HE DI D, AND
23 WHAT THE EVI DENCE WI LL SHOW, AND YOU SAWI T TODAY, WHAT
24 THE EVI DENCE WI LL SHOWYOU, THE SALES WENT ON, AND THEY
25 SOLD LI KE WI LDFI RE. THE RESPONSE TO I T WAS I NCREDI BLE.
26 THE 10 ANNOUNCEMENTS - - REMEMBER I TOLD YOU
27 THEY ORI GI NALLY WERE GOI NG TO ANNOUNCE 10? I T BECAME
28 CLEAR I T WAS NOT AN I SSUE, AND QUI CKLY THEY SAWTHEY
866 299-5127
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1 COULD SELL MUCH, MUCH MORE THAN THAT.
2 AND WHEN THEY DETERMI NED THEY COULD DO MUCH,
3 MUCH MORE THAN THAT, WHAT THEY DI D I S, THEY WENT TO
4 MR. J ACKSON AND ASKED HI M I F HE COULD DO MORE, AND HE
5 AGREED TO DO MORE SHOWS. AND YOU' LL SEE THE TESTI MONY
6 THAT SAI D HE SAI D HE WANTED TO DO 50.
7 AND YOU KNOWWHAT HE ACTUALLY SAI D? YOU' LL
8 HEAR THE TESTI MONY. REMEMBER ALL THOSE THI NGS THAT
9 TALKED ABOUT THE GUI NNESS WORLD BOOK OF RECORDS? HE
10 LOVED THE GUI NNESS WORLD BOOK OF RECORDS. HE LOVED ALL
11 THE RECORDS HE SET. AND HE CAME BACK AND SAI D, I WANT
12 TO DO 50, AND I WANT TO MAKE SURE AT THAT 50TH SHOW, YOU
13 HAVE THE GUI NNESS WORLD BOOK OF RECORDS THERE, BECAUSE
14 I T WI LL BE THE LARGEST NUMBER OF SHOWS DONE I N THE
15 VENUE, AND I WANT TO DO THAT. I T WAS HI S DECI SI ON TO DO
16 THAT.
17 THE OTHER THI NG I WANT YOU TO NOTE, YOU' LL HEAR
18 TESTI MONY OF WHAT HAPPENED ON THAT ANNOUNCEMENT WI TH
19 MR. J ACKSON. YOU' LL SEE A NUMBER OF PEOPLE THAT TALKED
20 ABOUT THE I DEA THAT MR. J ACKSON WAS A CLI NCH PERFORMER.
21 THERE WAS OFTEN A LOT OF DRAMA J UST BEFORE I T HAPPENED.
22 WAS I T GOI NG TO HAPPEN? WOULD HE GET UP ON STAGE? THAT
23 WAS SOMETHI NG PAUL GONGAWARE AND EVERYONE WI LL TELL YOU
24 ABOUT. THAT DRAMA, THE BUI LDUP, THE ATTENTI ON, THE
25 EXCI TEMENT. AND WHAT THEY WI LL ALSO TELL YOU, LI KE A
26 CLI NCH PERFORMER, WHAT HE DI D WHEN HE STEPPED ON THE
27 STAGE, HE PERFORMED. AND I ' LL SHOWYOU ANOTHER EXAMPLE
28 OF THAT THAT YOU' LL SEE.
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1 NOW, WHAT HAPPENS AFTER THE PRESS CONFERENCE
2 MARCH 5TH, 2009, I MMEDI ATELY AFTER THE SALES BEGI N, WE
3 GO TO 50 SHOWS. YOU KNOWWHAT HAPPENS I MMEDI ATELY AFTER
4 THAT? MR. J ACKSON STARTS WORKI NG I MMEDI ATELY. HE WAS
5 EXCI TED, HE WAS ENGAGED, AND HE WAS READY. HE STARTED
6 HOLDI NG STRATEGI C PLANNI NG SESSI ONS. PRODUCTI ON,
7 SPECI AL EFFECTS, AND SI MI LAR MATERI ALS.
8 HE WENT OFF TO A LOT FOR A MOVI E STUDI O,
9 WATCHED ALL THE NEWKI NDS OF THI NGS THAT HAD BEEN
10 I NVENTED FOR SPECI AL EFFECTS FOR SHOWS HE NEVER GOT TO
11 WORK WI TH, SO HE WAS KI ND OF EXCI TED ABOUT THESE I DEAS.
12 THI S STARTED HAPPENI NG RI GHT AWAY. AND YOU WI LL HEAR
13 TESTI MONY OF HOWENTHUSED HE WAS, HE WAS ENGAGED,
14 PUTTI NG HI S TEAM TOGETHER, HI S TOUR TOGETHER.
15 HE SAI D, I WANT KENNY ORTEGA. I WANT TRAVI S
16 PAYNE. THE LI GHTS, PROPS, COSTUMES, CHOREOGRAPHY.
17 EVERYTHI NG. HE STARTED WORKI NG RI GHT AWAY EVERY DAY.
18 HE EVEN WORKED ON THE WEB SI TE FOR THE SHOW;
19 OKAY? HE SAI D HE WANTED TO KNOWHOWTHAT WORKED AND GET
20 THE I MAGERY UP. AGAI N, MR. J ACKSON SPENT 40 YEARS AS
21 THE MASTER OF HI S PUBLI C I MAGE, AND HE WASN' T GOI NG TO
22 LET SOMEBODY ELSE TAKE THAT OVER. AND HE WORKED ON ALL
23 OF THOSE THI NGS AT THE TI ME. ALL THE EVI DENCE YOU' LL
24 HEAR, AND ALL THE TESTI MONY WI LL SHOWYOU HOWENGAGED HE
25 WAS.
26 NOW, AS I TOLD YOU, MR. ORTEGA CAME I N AS THE
27 CO- CREATI VE DI RECTOR. HE WORKED WI TH MR. J ACKSON TO
28 CREATE THE SHOW, CREATED THE VI SI ON OF THE SHOW. THEY
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1 CAME UP WI TH DETAI LS OF WHAT THEY WANTED TO DO, WHO THEY
2 WANTED. AND THEY CAME UP WI TH WHAT THE REASONABLE
3 SCHEDULE WAS FOR MR. J ACKSON.
4 YOU' LL HEAR A LOT ABOUT THAT THEY WOULD
5 DETERMI NE HOWOFTEN HE WOULD REHEARSE, WHERE, WHO HE
6 WOULD REHEARSE WI TH. THAT' S WHAT MR. J ACKSON DI D,
7 BECAUSE I T' S HI S SHOW.
8 THEY BROUGHT BACK MR. PAYNE, AS I TOLD YOU, AND
9 MR. PAYNE STARTED WORKI NG WI TH MR. J ACKSON RI GHT AWAY.
10 THEY STARTED REHEARSI NG HI S OLD NUMBERS. AND I ' LL SHOW
11 YOU SOME OF THI S DURI NG THE COURSE WHEN I GET TO DO
12 THAT.
13 THEY SHOWED YOU REHEARSALS AND OLD NUMBERS.
14 AND MR. PAYNE SAI D THOSE WERE OLD HAT FOR MR. J ACKSON.
15 REMEMBER, HE' S 50. HE HADN' T PERFORMED FOR A LONG TI ME,
16 BUT HE GOT THEM BACK, BECAUSE THEY WERE OLD HAT. AND HE
17 EVEN STARTED LEARNI NG NEWMOVES. MI CHAEL J ACKSON, HE
18 WAS GOI NG TO HAVE TO HAVE A NEWMOVE. HE HAD I NVENTED
19 SOME OF THE MOST FAMOUS MOVES I N OUR LI FETI ME, AND THEY
20 STARTED DOI NG THI S RI GHT AWAY. THEY STARTED PRACTI CI NG
21 SONGS AND GOI NG I NTO THAT RI GHT AWAY.
22 AND YOU' RE GOI NG TO HEAR FROM HI S CREATI VE
23 TEAM, YOU' RE GOI NG TO HEAR FROM ALL THESE PEOPLE, THEY
24 PUT ON SPECTACULAR EVENTS. I T WAS GOI NG TO BE HUGE, THE
25 BI GGEST THI NG MR. J ACKSON HAD EVER DONE BEFORE. AND I T
26 WI LL SHOWMR. J ACKSON WAS CHOOSI NG PEOPLE ON HI S OWN.
27 MR. ORTEGA; TRAVI S PAYNE; KAREN FAYE, ONE OF HI S MAKEUP
28 PEOPLE, AND YOU' LL SEE HE DI D I T DESPI TE THE FACT, I ' M
866 299-5127
2197
1 NOT SURE YOU WANT TO HAVE HER, OKAY, BUT I T WAS HI S
2 CHOI CE. I T WAS HI S CREATI VE TEAM, AND YOU' LL SEE ALL
3 THE EVI DENCE ABOUT THI S. AND THI S I S WHAT WAS HAPPENI NG
4 I N J ANUARY, FEBRUARY, MARCH OF 2009. FULL ENGAGEMENT.
5 NOW, THE REASON I TELL YOU THAT, I S WHAT WI LL
6 BE I MPORTANT FOR YOU TO NOTE, AS YOU START TO PUT THI NGS
7 TOGETHER, I S YOU HEARD ABOUT, I THI NK I T WAS TWO DAYS.
8 TWO BAD DAYS.
9 ONE I N PARTI CULAR BAD DAY, J UNE 19TH.
10 MR. J ACKSON WAS WORKI NG ON THI S FOR MONTHS AND MONTHS
11 EVERY DAY. I T' S HARD TO SHOWWHEN SOMETHI NG I S RI GHT,
12 BUT YOU' LL HEAR PEOPLE GI VE YOU EVI DENCE OF THAT.
13 EVI DENCE OF I T DAY I N AND DAY OUT.
14 YOU' LL ALSO SEE THE EVI DENCE THAT WI LL SHOW,
15 FOR EXAMPLE, ON THE 19TH, WHEN I T WASN' T RI GHT, THEY
16 WENT TO MR. J ACKSON TO MAKE SURE EVERYTHI NG WAS OKAY.
17 SOME OF YOU DI DN' T HEAR THAT.
18 NOW, THI S WENT ON FOR MONTHS, AND MR. J ACKSON
19 WAS ACTI VE, HE WAS DOI NG WELL AT REHEARSALS. HE WAS
20 PLANNI NG THOSE MI NI MOVI ES YOU SAWA LI TTLE BI T OF. HE
21 WAS ULTI MATELY GOI NG TO MAKE THREE MI NI MOVI ES OUT
22 DURI NG THE CONCERT THAT WI LL BE SHOWN I N THE BACK.
23 AND ANY J I TTERS, NERVES, MR. PHI LLI PS HAD SEEN
24 AT THAT ANNOUNCEMENT AT THE O2 I N LONDON ON MARCH 5TH,
25 SEEMED TO HAVE DI SSI PATED. THEY WERE GOI NG AHEAD,
26 GANGBUSTERS.
27 AND AT THI S TI ME - - I T WAS EI THER EARLY MAY OR
28 LATE APRI L. THERE' S SOME DI FFERENT TESTI MONY ON THAT.
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1 YOU' LL HEAR ABOUT THI S TI ME, THI S I S THE FI RST TI ME THEY
2 EVER HEARD THAT MR. J ACKSON WAS BRI NGI NG HI S FAMI LY' S
3 PERSONAL PHYSI CI AN WI TH HI M TO LONDON FOR HI M AND HI S
4 KI DS. THEY' D NEVER HEARD THAT BEFORE. THI S WAS AN
5 ANNOUNCEMENT MADE TO THEM BY MR. J ACKSON.
6 SPECI FI CALLY, ONE DAY MR. J ACKSON APPROACHED
7 MR. GONGAWARE AND TOLD HI M THI S. TOLD HI M HE WAS
8 BRI NGI NG HI S DOCTOR WI TH HI M, AND HE TOLD HI M THAT HI S
9 NAME WAS DR. CONRAD MURRAY AND THAT PAUL GONGAWARE
10 SHOULD REACH OUT TO HI M, FI ND OUT WHAT I T' S GOI NG TO
11 COST, MUCH LI KE YOU' LL HEAR HE DI D WI TH OTHER PEOPLE
12 THAT MR. J ACKSON SAI D HE WAS TAKI NG WI TH HI M.
13 NOW, AT THE TI ME, MR. GONGAWARE HAD NEVER HEARD
14 OF DR. CONRAD MURRAY, DI DN' T KNOWWHO HE WAS. DI DN' T
15 HAVE ANY REASON TO KNOWWHY HE SHOULD. THI S WAS THE
16 FAMI LY DOCTOR TO MR. J ACKSON' S KI DS. YOU WANT TO BRI NG
17 HI M TO LONDON WI TH THEM, I T' S HI S CHOI CE. I T WAS HI S
18 DOCTOR.
19 YOU' LL HEAR HI M TESTI FY EXACTLY TO THAT.
20 AND WHAT WE KNOW, WHAT THE EVI DENCE WI LL SHOWYOU I S
21 THAT DR. CONRAD MURRAY WAS I N FACT THE FAMI LY DOCTOR,
22 AND HE HAD BEEN FOR YEARS. YOU HEARD SOMETHI NG SAI D
23 EARLI ER TODAY, YOU' RE NOT GOI NG TO SEE TESTI MONY THAT HE
24 EVER TREATED HI M BEFORE 2006. NO, HE HAD BEEN TREATI NG
25 HI M SI NCE 2006. I T I S NOW2009 THAT WE' RE TALKI NG
26 ABOUT. HE HAD BEEN I N THAT ROLE FOR YEARS. AND HE HAD
27 SAI D AS MUCH MONTHS BEFORE TO THI S DR. SLAVI T, SOMETHI NG
28 THAT A. E. G. LI VE KNEWNOTHI NG ABOUT.
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2199
1 NOW, ALL THAT WAS KNOWN AT THI S POI NT WI TH
2 MR. GONGAWARE I S THAT THE DOCTOR WAS J OI NI NG MR. J ACKSON
3 I N LONDON; THAT A. E. G. HAD TO FI GURE OUT HOWMUCH I T WAS
4 GOI NG TO COST. AND AS I ALSO SHOWED YOU FROM THE
5 AGREEMENT, MR. J ACKSON HAD EVERY CONTRACTUAL RI GHT TO DO
6 J UST THAT.
7 REMEMBER THE LANGUAGE I SHOWED YOU? PRODUCTI ON
8 COSTS, PERSONNEL COSTS. GO BACK TO THE AGREEMENT. HE
9 WOULDN' T COME AND SAY, " HI . CAN I DO THI S?" HE WOULD
10 SAY, " HI . I ' M DOI NG THI S. GO FI GURE OUT HOWMUCH I T
11 COSTS. "
12 A. E. G. LI VE WAS ADVANCI NG THE COST OF THE TOUR
13 PARTY, AND MR. J ACKSON HAD ASKED HI S FAMI LY DOCTOR TO BE
14 PART OF THE TOUR PARTY. AND HE EXPECTED A. E. G. LI VE
15 WOULD ASSUME THOSE PAYMENTS ONCE HE STARTED DOI NG THAT,
16 J UST LI KE HE DI D WI TH EVERYONE ELSE.
17 NOW, LET' S TALK ABOUT THOSE I NI TI AL
18 CONVERSATI ONS WI TH DR. CONRAD MURRAY.
19 SO MR. GONGAWARE HEARD THI S FROM MR. J ACKSON,
20 AND HE DI DN' T QUESTI ON I T. HE DI DN' T SAY, NO, YOU CAN' T
21 HAVE YOUR DOCTOR. HE CERTAI NLY DI DN' T SAY, NO, YOU
22 CAN' T HAVE YOUR DOCTOR, YOU CAN HAVE OUR DOCTOR. BUT
23 WHAT HE DI D DO, HE PUSHED BACK. THAT' S WHAT HI S J OB I S.
24 HE SAI D, WHY? WHY ARE YOU BRI NGI NG YOUR DOCTOR? YOU
25 DON' T NEED A DOCTOR. YOU' RE GOI NG TO LONDON. THAT' S
26 HI S TESTI MONY. HE' LL GI VE YOU THE TESTI MONY.
27 YOU' RE GOI NG TO LONDON. YOU DON' T NEED TO
28 BRI NG A DOCTOR WI TH YOU. THI S I SN' T LI KE A TOUR, YOU' RE
866 299-5127
2200
1 GOI NG TO BE GOI NG TO PLACES WHERE MAYBE GETTI NG MEDI CAL
2 CARE MI GHT BE A LI TTLE DI FFI CULT. THI S I S LONDON. THEY
3 HAVE GREAT DOCTORS. YOU DON' T NEED TO BRI NG A DOCTOR
4 THERE.
5 MR. J ACKSON SAI D, YEAH, I DO. I ' M BRI NGI NG THE
6 FAMI LY DOCTOR WI TH ME. I ' M BRI NGI NG THE MAN WHO I
7 CHOOSE, WHO HAS BEEN CARI NG FOR ME FOR YEARS, NOT
8 SOMEBODY ELSE.
9 AND, AGAI N, THE TESTI MONY WI LL SHOWYOU, THEY
10 BELI EVED THAT TO BE RI GHT, BECAUSE I T' S NOT THEI R CHOI CE
11 WHO MR. J ACKSON' S DOCTOR I S. I T' S A PERSONAL CHOI CE BY
12 MR. J ACKSON.
13 AND WHAT YOU' LL ALSO SEE I S A LOT WAS MADE
14 EARLI ER, OH, THEY SHOULD HAVE KNOWN BETTER. THEY SHOULD
15 HAVE KNOWN BETTER. THERE WAS A DOCTOR ON TOUR BEFORE
16 " DANGEROUS. " THEY ALSO TOLD YOU THERE WAS A DOCTOR ON
17 LATER TOURS, TOO, AND THEY' LL SHOWYOU ALL KI NDS OF
18 LATER TESTI MONY ON THAT WHERE THERE WAS A PROBLEM THEY
19 DI DN' T HAVE ANY I DEA ABOUT.
20 J UST THE FACE OF A DOCTOR BEI NG THERE I SN' T
21 SOMEHOWA RED FLAG. I F ANYTHI NG, THE TESTI MONY WI LL
22 SHOWYOU, I T MADE SENSE TO THEM. HE WAS A 50- YEAR- OLD
23 MAN WHO WAS BRI NGI NG HI S CHI LDREN WI TH HI M FOR A YEAR I N
24 LONDON.
25 NOW, DESPI TE HI M PUSHI NG BACK, MR. GONGAWARE,
26 MR. J ACKSON WOULD HAVE NONE OF I T. HE WAS GOI NG TO
27 BRI NG HI S DOCTOR, SO MR. GONGAWARE SAI D, OKAY. AND HE
28 WENT, AND HE TALKED TO THI S DR. CONRAD MURRAY. HE
866 299-5127
2201
1 I NTRODUCED HI M. YOU HEARD I T, SAWTHE TESTI MONY WHEN HE
2 WAS GI VI NG A DEPOSI TI ON. HE CALLED HI M TO FI ND OUT HOW
3 MUCH HE WAS GOI NG TO CHARGE.
4 HE ALSO FOUND OUT OTHER THI NGS I N THAT CALL,
5 SUCH AS THE FACT THAT DR. CONRAD MURRAY SAI D THAT HE
6 HAD, I THI NK I T WAS FOUR PRACTI CES, FOUR VERY SUCCESSFUL
7 PRACTI CES THAT HE WAS GOI NG TO SHUT DOWN. AND ON OR
8 ABOUT - - HOWLATE DO I GET TO GO?
9 THE COURT: UNTI L YOU FI NI SH.
10 MR. PUTNAM: GREAT.
11 SO WHAT HAPPENED AT THE TI ME WAS, HE WENT
12 FORWARD AND TALKED TO THEM, AND DR. CONRAD MURRAY TALKED
13 ABOUT THE I DEA THAT, YOU KNOWWHAT? HE HAS THESE FOUR
14 SUCCESSFUL PRACTI CES. I T' S GOI NG TO COST A LOT TO SHUT
15 DOWN, SO, ACTUALLY, I T' S GOI NG TO COST $5 MI LLI ON. AND
16 MR. GONGAWARE SAI D, NOT A CHANCE. NOT GOI NG TO HAPPEN.
17 AND THAT WAS THE END OF THAT CALL.
18 AND WHY WAS THAT? AS I SAI D, MR. J ACKSON' S
19 MONEY, HE' S NOT GOI NG TO PAY $5 MI LLI ON FOR THI S.
20 AND WHAT DI D HE DO NEXT, MR. GONGAWARE? HE
21 WI LL TELL YOU HE WANTED TO TALK TO RANDY PHI LLI PS. HE
22 SAI D, RANDY, MR. J ACKSON WANTS TO BRI NG A DOCTOR WI TH
23 HI M. THAT' S CRAZY. WE' RE GOI NG TO LONDON.
24 AND MR. PHI LLI PS WI LL EXPLAI N TO YOU WHAT
25 HAPPENED THEN. HE TALKED TO MR. J ACKSON. HE SAI D THE
26 SAME THI NG TO MR. J ACKSON. YOU DON' T NEED A DOCTOR
27 THERE. THEY HAVE SOME OF THE BEST DOCTORS I N THE WORLD.
28 MR. J ACKSON REPEATED, THAT WAS HI S CHOI CE WHO
866 299-5127
2202
1 HE WANTED, AND HE WANTED HI S DOCTOR TO COME WI TH HI M.
2 AND YOU' LL HEAR SOME VERY COLORFUL LANGUAGE
3 ABOUT WHAT MR. J ACKSON SAI D ABOUT HI M BEI NG THE MACHI NE
4 I N THE CENTER OF THE SHOW, AND A MACHI NE NEEDS TO BE
5 TAKEN CARE OF, AND HE WANTED HI S DOCTOR THERE.
6 SO ULTI MATELY THERE WAS ANOTHER CALL WI TH
7 CONRAD MURRAY WI TH MR. GONGAWARE. THEY CALLED. AND WHY
8 DI D THAT HAPPEN? BECAUSE MR. J ACKSON CALLED AND SAI D,
9 MR. GONGAWARE - - AND SAI D, HEY, YOU NEED TO MAKE THI S
10 HAPPEN. TALK TO HI M AGAI N. SO HE DI D. HE TRI ED AGAI N.
11 AND HE TRI ED AGAI N BECAUSE MR. J ACKSON HAD I NSTRUCTED
12 HI M TO MAKE AN OFFER OF $150, 000. THAT CAME FROM
13 MR. J ACKSON. I T WAS HI S MONEY. A. E. G. LI VE WAS
14 ADVANCI NG I T, AND THAT WAS FOR HI M TO CHOOSE.
15 MR. GONGAWARE WI LL TELL YOU THAT HE CALLED. HE
16 TALKED TO DR. CONRAD MURRAY. HE SAI D, WE CAN OFFER YOU
17 $150, 000. AND HE' LL TELL YOU THAT DR. MURRAY STARTED TO
18 SAY NO, AND MR. GONGAWARE I NTERRUPTED HI M AND EXPLAI NED
19 TO HI M VERY PLAI NLY THAT HI S OFFER COMES DI RECTLY FROM
20 THE ARTI ST. YOU' LL HEAR THAT TESTI MONY. THE OFFER
21 COMES DI RECTLY FROM THE ARTI ST.
22 SO ALL THESE THI NGS ABOUT, WELL, 150, THAT' S
23 RI DI CULOUS, THAT' S WHAT MR. J ACKSON WAS WI LLI NG TO PAY
24 THE DOCTOR. AND WE WERE GOI NG TO ASSUME THOSE MONI ES,
25 AND THAT' S HOWTHI S HAPPENED. DI DN' T MEAN THE DEAL WAS
26 DONE. A PRI CE HAD BEEN DETERMI NED, AND I T WAS
27 DETERMI NED THAT HE WAS WI LLI NG TO DO I T FOR $150, 000 A
28 MONTH.
866 299-5127
2203
1 NOW, WHAT FOLLOWED THI S - - AND YOU DI DN' T SEE
2 ALL OF THI S - - WAS A SERI ES OF CONVERSATI ONS BACK AND
3 FORTH AMONG A NUMBER OF PEOPLE, I NCLUDI NG ATTORNEYS; ALL
4 RI GHT? AND THEY WERE NEGOTI ATI NG BACK AND FORTH,
5 TALKI NG ABOUT DI FFERENT TERMS, WHAT SHOULD BE I N THERE,
6 WHAT SHOULDN' T BE I N THERE. AND I ' M GOI NG TO SHOWYOU A
7 LI TTLE BI T ABOUT THAT.
8 AND THE REASON I WANT TO SHOWYOU ABOUT THI S I S
9 I T GOES BACK TO WHAT I WAS TELLI NG YOU BEFORE. YOU NEED
10 TO LOOK AT WHAT THE ACTUAL PAPERS SAI D. WHAT DI D THE
11 DRAFTS SAY? THESE ARE DRAFTS ABOUT - - WHAT DI D THESE
12 SAY? AND WHAT DI D THE PARTI ES UNDERSTAND THEM TO MEAN;
13 OKAY? THAT' S THE KI ND OF THI NG THAT' S ACTUAL EVI DENCE.
14 AND SO DURI NG THE NEXT SEVERAL WEEKS, THEY
15 TALKED BACK AND FORTH, AND, ULTI MATELY, THERE WERE A
16 NUMBER OF DRAFT AGREEMENTS.
17 NOW, THI S I S WHAT WE' RE TALKI NG ABOUT, DRAFT
18 AGREEMENTS, J UNE 15TH, J UNE 18TH, AND J UNE 24TH. THESE
19 ARE DRAFTS THAT ARE GOI NG BACK AND FORTH ABOUT A
20 POSSI BLE AGREEMENT AS LATE AS THE 24TH; THE POSSI BLE
21 HI RI NG OF DR. CONRAD MURRAY FOR THE TOUR. DOESN' T MEAN
22 HE WASN' T ALREADY TREATI NG MR. J ACKSON. HE HAD BEEN FOR
23 YEARS. AND YOU WI LL SEE THE EVI DENCE. WE' LL SHOWYOU,
24 HE ASKED FOR HI M TO COME ON THE TOUR. DR. MURRAY AGREED
25 TO GO ON THE TOUR. DR. MURRAY THEN CAME TO LOS ANGELES.
26 DR. MURRAY WAS TREATI NG HI M HERE ALL BEFORE A. E. G. LI VE
27 HAD EVER HEARD HI S NAME.
28 AND THEN THEY WERE ASKED TO ASSUME THOSE
866 299-5127
2204
1 PAYMENTS. THEY WOULD HAVE DONE I T. I ' LL REPEAT. THEY
2 WOULD HAVE DONE I T, AND THAT' S WHY THESE AGREEMENTS WERE
3 BACK AND FORTH, TO COME UP WI TH WHAT THE SCENARI O WOULD
4 BE.
5 NOW, I WANT TO GO I NTO SOME VERY SPECI FI C
6 ELEMENTS OF WHAT' S I N THERE, BUT THAT I WANT YOU TO LOOK
7 AT, AND YOU' RE GOI NG TO SEE WHAT THE EVI DENCE WI LL SHOW
8 YOU.
9 AND LOOKI NG AT THE DRAFT, LET' S DO THE LAST - -
10 OH, BY THE WAY, THERE' S A CONVERSATI ON THAT YOU HEARD
11 SOMEONE SAY, THE ONLY TWO THI NGS THAT WERE FOUND I N
12 DR. CONRAD MURRAY' S CAR WERE RANDY PHI LLI PS' CARD, AND A
13 COPY OF THI S AGREEMENT; OKAY? I ' M NOT SURE WHAT THAT
14 PROVED.
15 I ' LL TELL YOU WHAT I T PROVES: THE ONE THI NG,
16 WHEN YOU GET TO THE SI GNATURE ON THI S, DR. CONRAD MURRAY
17 SAI D, OKAY, I ' M SI GNI NG THI S, AND HE SI GNED I T ON THE
18 24TH. I GUESS THAT' S WHY I T WAS I N HI S CAR. THERE' S
19 NOTHI NG MORE FROM THAT. YOU HEARD NOTHI NG ELSE ABOUT
20 THAT.
21 I F YOU LOOK AT THI S, THE BACK- AND- FORTH, THI S
22 DRAFT, HOWDOES I T START? THE VERY FI RST LANGUAGE OF
23 I T, REMEMBER THEY SHOWED YOU SOME CLI PS HE WAS GOI NG TO
24 BE WORKI NG FOR A. E. G. LI VE OR OTHERWI SE? THEY DI DN' T
25 SHOWYOU ALL OF THE AGREEMENT, AND YOU NEED TO LOOK AT
26 ALL OF THE AGREEMENT.
27 AND I F YOU DO, YOU' LL SEE THI NGS LI KE THI S. AT
28 THE VERY BEGI NNI NG, FI RST RECI TAL I N THERE, I T SAYS, " AT
866 299-5127
2205
1 THE ARTI ST' S REQUEST. " THAT' S HOWI T BEGI NS. " AT THE
2 ARTI ST' S REQUEST. " THI S I S HOWTHI S HAPPENED. NOT
3 SOMETHI NG A. E. G. LI VE I S MANDATI NG. THI S WAS MI CHAEL
4 J ACKSON SAYI NG HE WANTED HI S DOCTOR TO BE PAI D BY A. E. G.
5 I F YOU GO I N, YOU' LL SEE NEXT, I T TALKS ABOUT
6 THE I DEA, WHEN DI SCUSSI NG DR. CONRAD MURRAY, I T SAYS,
7 " HE ACTS AS THE ARTI ST' S GENERAL PRACTI TI ONER. " NOT
8 THAT HE WI LL BE. HE I S. YOU SEE THAT? HE I S HI S
9 GENERAL PRACTI TI ONER. DR. CONRAD MURRAY WAS ALREADY
10 WORKI NG FOR MI CHAEL J ACKSON AND HAD BEEN FOR A LONG
11 TI ME. THAT' S WHAT THE DRAFTS THEMSELVES SHOWYOU.
12 I F YOU GO ON, YOU' LL SEE OTHER PARTS OF THI S.
13 ULTI MATELY - - VERY I MPORTANT. I ' M NOT GOI NG TO GO
14 THROUGH ALL OF THI S, BUT WHAT I WI LL SHOWYOU I S THI S:
15 LOOK AT THE " ARTI ST CONSENT. " " ARTI ST CONSENT. "
16 " THE EFFECT OF THI S AGREEMENT
17 I S CONDI TI ONED UPON THE APPROVAL AND
18 CONSENT OF THE ARTI ST. WI THOUT THE
19 ARTI ST' S EXPRESS AND WRI TTEN APPROVAL
20 OF THE AGREEMENT, NEI THER PARTY TO
21 THE AGREEMENT WI LL HAVE ANY RI GHTS OR
22 OBLI GATI ONS TO ONE ANOTHER ARI SI NG
23 FROM THI S AGREEMENT. "
24 NOW, I WANT YOU TO LOOK AT THAT WHEN YOU GET
25 I T. ARTI ST CONSENT. MI CHAEL J ACKSON HAD TO CONSENT
26 AGAI N. REMEMBER, " FI NALI ZE" I TALKED TO YOU ABOUT? HE
27 HAD TO AGREE TO THE FI NALI ZED I DEA. SAI D HE WANTED HI S
28 DOCTOR ON THE TOUR. EVERYONE TALKED TO HI M ABOUT
866 299-5127
2206
1 VARI OUS THI NGS, BUT BEFORE THAT COULD HAPPEN,
2 MR. J ACKSON HAD TO EXPRESSLY AND I N WRI TI NG APPROVE I T.
3 SAYS SO RI GHT THERE ( I NDI CATI NG) . AND YOU' LL SEE I T ON
4 THE OTHER DRAFTS. OTHERWI SE, THERE WAS NO AGREEMENT.
5 AND OF COURSE OTHERWI SE THERE WAS NO AGREEMENT.
6 WHY WOULD DR. - - WHY WOULD A. E. G. LI VE BE
7 PAYI NG HI M? WHY WOULD THEY ULTI MATELY BE PAYI NG HI M FOR
8 THE TOUR I F MI CHAEL J ACKSON DI DN' T WANT HI M ON I T?
9 THAT' S WHAT THE AGREEMENT WAS GOI NG TO BE.
10 I ' LL GO A LI TTLE FURTHER.
11 AT THE BOTTOM, I T SAYS, " THE UNDERSI GNED. "
12 SAME I DEA.
13 " THE UNDERSI GNED HEREBY
14 CONFI RMS THAT HE WAS THE REQUESTED
15 PRODUCER TO ENGAGE DR. MURRAY ON THE
16 TERMS SET FORTH HEREI N ON BEHALF OF,
17 AND AT THE EXPENSE OF - - AT THE
18 EXPENSE OF - - THE UNDERSI GNED. "
19 WHO I S THE UNDERSI GNED? MI CHAEL J ACKSON.
20 THAT' S WHAT THE DRAFTS SAY.
21 NOW, WHAT YOU' LL ALSO SEE I S I T WAS NEVER
22 SI GNED. I T WASN' T SI GNED BY MR. J ACKSON, I T WASN' T
23 SI GNED BY A. E. G. LI VE. I T WASN' T SI GNED BECAUSE HE
24 NEVER ULTI MATELY APPROVED I T.
25 NOW, HAD HE, WOULD THI S ALL HAVE HAPPENED?
26 YOU' LL HEAR THE TESTI MONY. I DON' T BELI EVE ANYONE
27 DENI ES THAT I T WOULD HAVE, BUT I T DI DN' T. BUT WE HAVE
28 NO I DEA I F MR. J ACKSON WOULD HAVE ULTI MATELY DECI DED I F
866 299-5127
2207
1 THAT' S WHAT HE WANTED, WHETHER HE WOULD ULTI MATELY TAKE
2 HI M ON TOUR. BUT THAT' S NOT I MPORTANT. WHAT YOU SEE,
3 THERE' S NO AGREEMENT, NO CONTRACT, UNLESS MR. J ACKSON
4 ULTI MATELY DI D SO, AND HE - - YOU WI LL SEE THAT I T WAS AT
5 HI S EXPENSE, NOT A. E. G. LI VE' S EXPENSE. THEY WERE GOI NG
6 TO FRONT THE MONEY, BUT THAT' S I T.
7 NOW, MOVI NG ON FROM THERE, I ALSO J UST WANT TO
8 NOTE ABOUT THAT - - AND YOU ALSO - - YOU ALSO HEARD ABOUT
9 PAYMENTS. HERE' S WHAT YOU HEARD:
10 YOU HEARD A. E. G. LI VE NEVER PAI D DR. CONRAD
11 MURRAY ANYTHI NG, EVER. EVER. ALL RI GHT. THEY SAI D
12 THEY WOULD I N THE FUTURE I F MR. J ACKSON FI NALLY AGREED
13 TO DO SO. THAT DI DN' T HAPPEN, AND THEREFORE THEY
14 NEVER - - THEY HAD BUDGETED I T. OF COURSE THEY DI D,
15 BECAUSE I T WOULD HAVE BEEN AN ADVANCE, HAD THEY DONE SO.
16 BUT THEY DI DN' T. BUT YOU ALSO HEARD THE ONLY EVI DENCE
17 WE HAVE OF ANY PAYMENTS TO CONRAD MURRAY ARE FROM
19 NOW, MOVI NG FROM THERE, I ALSO WANT TO SHOWYOU
20 SOMETHI NG THAT WAS QUI CKLY THROWN UP, AND SPEND A LI TTLE
21 BI T MORE TI ME WI TH I T.
22 TALKED ABOUT THI S I DEA OF THE AGREEMENT, WHAT
23 THE PARTI ES UNDERSTOOD THI S AGREEMENT TO BE, AND - - BY
24 THE WORDS OF I T, AND ALSO WHAT THEY SAY ABOUT I T.
25 SO MR. J ACKSON DI ED ON J UNE 25TH, 2009. TWO
26 DAYS LATER, J UNE 27TH, 2009, DR. CONRAD MURRAY WAS
27 I NTERVI EWED BY THE L. A. P. D. I N THAT I NTERVI EW, LET' S
28 LOOK AT EXACTLY WHAT WAS SAI D, BECAUSE I T' S I MPORTANT.
866 299-5127
2208
1 AND I WANT TO BRI NG I T UP. I T SAYS - - AND YOU' RE GOI NG
2 TO HEAR I T, TOO.
3 DO YOU HAVE THE AUDI O?
4 YOU' RE GOI NG TO HEAR I T, TOO. BECAUSE I WANT
5 YOU TO LI STEN. I T WAS TRANSCRI BED. AND I T WAS ALSO
6 RECORDED.
7 SO THI S I S CONRAD MURRAY. YOU KEPT HEARI NG
8 THI NGS, BEFORE THERE WERE ANY LAWYERS I NVOLVED I N
9 A. E. G. , BEFORE ANYBODY CAME I N TO CHANGE THI NGS. YOU
10 HEARD THI NGS; RI GHT? I DON' T KNOWWHAT THAT MEANS, LI KE
11 WE' VE DONE THI NGS TO CHANGE THE REALI TY OF THE
12 SI TUATI ON. WHY DON' T YOU LOOK AT THE REALI TY OF WHAT
13 THE CONVERSATI ON WAS WI TH DR. CONRAD MURRAY TWO DAYS
14 AFTER; OKAY?
15 " I ' M SURE YOU GUYS HAVE HEARD
16 ON THE NEWS. THE NEWS I S REPORTI NG
17 THAT YOU DON' T WORK FOR MR. J ACKSON
18 BUT YOU WORK FOR A. E. G.
19 I S THAT CORRECT OR I NCORRECT?"
20 THI S I S AS TO DR. CONRAD MURRAY.
21 " WHO DO YOU WORK FOR?" WE' RE J UST ASKI NG.
22 THERE' S STUFF OUT THERE SAYI NG YOU DON' T WORK FOR
23 MR. J ACKSON, YOU WORK FOR A. E. G. WHAT DO YOU DO?
24 WHAT DOES HE SAY?
25 " HOWDO I DEFI NE THAT? WELL,
26 MR. J ACKSON ASKED ME TO BE ON HI S
27 TEAM. I WAS TALKI NG TO MR. J ACKSON
28 HI MSELF. HE OFFERED ME EMPLOYMENT.
866 299-5127
2209
1 MR. J ACKSON OFFERED ME EMPLOYMENT.
2 AND I WAS OF THE OPI NI ON THAT HE
3 WOULD BE MY EMPLOYER DI RECTLY.
4 SUBSEQUENTLY TO ACCEPTI NG THAT - -
5 AFTER I ACCEPTED THAT - - SUBSEQUENTLY
6 TO ACCEPTI NG THAT, I , I REALI ZED THAT
7 A. E. G. WOULD BE THE ONE PAYI NG FOR
8 THE SALARY THAT HE REQUESTED. SO
9 THAT WAS THEI R ARRANGEMENT, AS FAR AS
10 WHAT THEY WOULD FI NANCE ME. SO I AM
11 AN EMPLOYEE FOR MI CHAEL J ACKSON PAI D
12 THROUGH A. E. G. DOES THAT HELP YOU?"
13 I WANT YOU TO HEAR HI M SAYI NG I T.
14
16
17 MR. PUTNAM: THAT' S HI S UNDERSTANDI NG OF THI S,
18 WHO HE WORKED FOR.
19 AGAI N, A. E. G. I S NOT DENYI NG THAT THEY WOULD
20 HAVE PAI D. THAT' S WHAT THEI R AGREEMENT WAS WI TH
21 MR. J ACKSON. EVERYTHI NG ELSE YOU SEE WAS DONE.
22 MR. J ACKSON WAS RESPONSI BLE; A. E. G. WAS J UST ADVANCI NG
23 I T.
24 NOW, GOI NG ON FROM THERE, WHAT HAPPENED AFTER
25 THI S POI NT, THI S WAS GOI NG BACK AND FORTH. ULTI MATELY,
26 AS I SHOWED YOU, THERE WAS NO ULTI MATE AGREEMENT. BUT
27 WHAT HAPPENED I N THOSE PRI OR WEEKS? I ' M NOT GOI NG TO GO
28 THROUGH THEM ALL, BECAUSE I WANT TO FI NI SH TODAY. BUT
866 299-5127
2210
1 AS I TOLD YOU, LOOK CAREFULLY. LOOK CAREFULLY AT THE
2 E- MAI LS AND SEE WHAT PEOPLE ACTUALLY SAY ABOUT THEM.
3 YOU SAWWHAT MR. GONGAWARE SAI D ABOUT THEM, AND
4 HE TALKED ABOUT, HE DI DN' T REMEMBER THAT E- MAI L. HE' LL
5 ALSO SAY HE RECEI VES THOUSANDS OF E- MAI LS. HE DI DN' T
6 DENY I T.
7 HE WENT THROUGH AND TRI ED TO EXPLAI N I T, AND HE
8 TOLD YOU I T DI DN' T MAKE SENSE, WHAT WAS THERE. HE TOLD
9 YOU WHAT HE THOUGHT HE WAS SAYI NG. YOU DI DN' T HEAR
10 THAT, BUT YOU' LL HEAR FROM MR. ORTEGA WHAT HE BELI EVED
11 HE WAS SAYI NG, WHI CH WAS SAYI NG, WE NEED HELP,
12 MR. J ACKSON. BUT WHAT THEY' LL ALSO SHOWYOU I N THAT, SO
13 YOU KNOW, I F YOU GO THROUGH THE WHOLE THI NG THERE ARE
14 THI NGS LI KE, I ' VE ASKED TO SPEAK - - WE' VE ASKED TO SPEAK
15 WI TH MR. J ACKSON' S DOCTOR. I F DR. CONRAD MURRAY WORKED
16 FOR A. E. G. LI VE, WOULD YOU HAVE TO ASK HI M TO SEE HI M?
17 NO.
18 I T GOES ON TO SAY OTHER THI NGS I N THERE, AND
19 YOU' LL SEE THEM ALL. TALKS ABOUT THE I DEA OF HI S
20 DOCTOR, MI CHAEL J ACKSON' S DOCTOR, WI THOUT I NVADI NG HI S
21 PRI VACY, AND SO WE CAN ASK THE FOLLOWI NG. LOOK AT THE
22 LANGUAGE. NOT THE LANGUAGE FOR SOMEONE WHO I S WORKI NG
23 FOR A. E. G.
24 SO I HAVE 50 MI NUTES?
25 THE COURT: YOU HAVE WHAT?
26 MR. PUTNAM: 50 MI NUTES.
27 MS. BI NA: YES, YOUR HONOR.
28 THE COURT: YOU HAVE UNTI L 5: 00. 5: 00.
866 299-5127
2211
1 MR. PUTNAM: SO I DON' T GET MY FULL TWO AND A
2 HALF?
3 MS. BI NA: WE' RE AT 1: 35 RI GHT NOW. 28 MI NUTES
4 BEFORE THE BREAK, AND I T' S BEEN 1: 08 SI NCE.
5 THE COURT: OKAY. SO HOWMUCH DOES THAT CUT
6 OFF OF YOUR OPENI NG STATEMENT?
7 MS. BI NA: I F YOU GO TO 5: 00, YOUR HONOR,
8 YOU' RE CUTTI NG OFF 15, 20 MI NUTES.
9 MR. PANI SH: SO HE' S AT TWO HOURS.
10 THE COURT: OKAY. CONTI NUE. TALK FAST.
11 MR. PUTNAM: I ' M TRYI NG. I ' VE NEVER BEEN
12 ACCUSED OF NOT TALKI NG FAST.
13 SO LOOK THROUGH THESE, AND SEE WHAT THEY
14 ACTUALLY SAI D, AND LI STEN TO WHAT THE PEOPLE HAVE TO SAY
15 ABOUT THEM. AND I ' M GOI NG TO ASK YOU TO DO THE SAME
16 THI NG, ALL RI GHT, ABOUT THE EARLI ER E- MAI LS YOU' LL SEE,
17 AND WHAT THE RESPONSES WERE; ALL RI GHT?
18 LOOK AT THE THI NGS THEY WERE TALKI NG ABOUT I N
19 THE E- MAI L. TALKI NG ABOUT THI NGS LI KE NOURI SHMENT,
20 MASSAGES, PHYSI CAL THERAPY. REMEMBER THOSE E- MAI LS?
21 THEY' RE NOT I N THERE SAYI NG, OH, I THI NK THERE' S A
22 PROBLEM WI TH DRUGS, AND CERTAI NLY NO ONE I S SAYI NG I
23 THI NK THERE' S A PROBLEMS WI TH PROPOFOL. YOU DON' T SEE
24 THAT ANYWHERE I N THERE, BECAUSE NO ONE EVER THOUGHT
25 THAT. YOU KEPT SEEI NG THI NGS THAT WERE CALLED RED
26 FLAGS. LOOK AT THE THI NGS THAT THEY' RE TALKI NG ABOUT.
27 NONE OF THEM ARE RED FLAGS, AND THEY' RE CERTAI NLY NOT
28 RED FLAGS I N THE THI NGS WE' RE TALKI NG ABOUT.
866 299-5127
2212
1 GOI NG ON FROM THERE, I WANT TO MENTI ON
2 SOMETHI NG ELSE, WHI CH I S THESE E- MAI LS, " TROUBLE AT THE
3 FRONT" E- MAI LS YOU SAW. I T WAS PAI NTED TO YOU LI KE
4 A. E. G. DI D NOTHI NG; ALL RI GHT? THEY SAT THERE AND SAW
5 THI S AND DI D NOTHI NG. THAT' S WHAT YOU WERE TOLD.
6 WELL, FI RST OF ALL, A. E. G. DI DN' T SI T THERE AND
7 DO NOTHI NG. A. E. G. LI VE WAS NOT THERE. YOU HAVE TO
8 REMEMBER I N THESE E- MAI LS, AND YOU' LL SEE I T, A. E. G.
9 LI VE WASN' T THERE. THEY WEREN' T AT THESE REHEARSALS.
10 THEY DI DN' T SEE THI S.
11 THI S I S SOMEONE WHO REACHED OUT AND SAI D - - YOU
12 REMEMBER THE E- MAI L THAT WAS FROM MR. ORTEGA, THE
13 ORI GI NAL ONE THAT TALKS ABOUT THE I DEA OF, I DON' T KNOW
14 I F YOU KNOWTHI S, BUT MR. J ACKSON' S DOCTOR TOLD - - HAD
15 HI M CALL I N SI CK TODAY. I KNOWTHE LANGUAGE I SN' T QUI TE
16 RI GHT. THEY DI DN' T KNOWTHAT TYPE OF THI NG. YOU' LL SEE
17 WHEN THE E- MAI L COMES. THEY DI DN' T KNOWABOUT THAT TYPE
18 OF THI NG FOR ONE REASON. THEY WEREN' T THERE.
19 SO THEY HAD TO REACT, FROM WHAT THEY WERE TOLD
20 - - AND I F YOU SEE WHAT THE REALLY BAD DAY WAS EVEN - -
21 TALKS ABOUT THE DAY OF J UNE 19TH. J UNE 19TH - - AND I
22 MI GHT NOTE, I MI GHT CONSI DER WHEN YOU CONSI DER
23 EVERYTHI NG, WHAT I S THERE I S A CLAI M THAT DR. MURRAY WAS
24 HI RED. WHEN I S THAT CLAI M? WHAT DAY? J UNE 5TH?
25 MARCH 1ST? WHEN?
26 SO I F THESE ARE RED FLAGS I N TERMS OF YOU
27 SHOULDN' T HI RE HI M, WELL, RI GHT NOWWE' RE AT J UNE 19TH.
28 WE SHOULD HAVE SEEN A RED FLAG J UNE 19TH AND NOT HI RED
866 299-5127
2213
1 HI M THE NEXT DAY? DOESN' T MAKE SENSE.
2 SO GOI NG FORWARD FROM THAT, ON J UNE 19TH
3 THERE' S A SERI ES OF THI NGS SENT BY MR. ORTEGA.
4 MR. ORTEGA SAI D, " BAD REHEARSAL. THERE' S A PROBLEM. "
5 YOU SAWTHERE WAS A SERI ES OF E- MAI LS. I ' M NOT
6 GOI NG TO GO THROUGH THEM ALL. THERE WAS A SERI ES OF
7 E- MAI LS, SO EVERYONE COULD SAY, I THI NK THERE' S A
8 PROBLEM.
9 YOU SAWRANDY PHI LLI PS, YOU SAWPAUL GONGAWARE
10 SAYI NG, WHERE WAS HI S DOCTOR? WHERE WAS HI S DOCTOR?
11 THEY ARE RESPONDI NG TO THI S. THEY' RE SAYI NG, WHAT' S
12 GOI NG ON HERE? YOU' LL ALSO NOTE - - NO ONE I S TALKI NG
13 ABOUT DRUGS AGAI N. THI NK THERE MI GHT BE PSYCHOLOGI CAL
14 PROBLEM? I S HE AFRAI D? WHAT HAPPENED I N HERE? THEY
15 HAVE NO I DEA HOWHI S BRAI N WORKS THERE. SO WHAT DI D
16 THEY ARRANGE? AND YOU' LL SEE THE ACTUAL E- MAI L MEETI NG
17 WI TH MR. J ACKSON. THE NEXT DAY THEY HAVE A MEETI NG WI TH
18 MR. J ACKSON TO MAKE SURE HE' S OKAY.
19 AND WHO ELSE I S THERE? MR. J ACKSON' S DOCTOR.
20 LOOK. NOBODY THI NKS THERE I S A PROBLEM WI TH THE DOCTOR.
21 REMEMBER THI S. WE LOOK BACK TO 2009. WE THEN KNOWWHAT
22 HAPPENS AFTERWARDS, BUT BACK THEN THEY DI DN' T KNOWTHI S.
23 SO MR. J ACKSON SEEMS LI KE HE HAD THE FLU OR SOMETHI NG,
24 WAS SI CK OR SOMETHI NG WRONG. I T WAS GOOD HE BROUGHT HI S
25 DOCTOR THERE. THEY' RE GLAD HE WAS THERE FOR THAT
26 MEETI NG.
27 AND, AGAI N, MR. J ACKSON BROUGHT HI S DOCTOR.
28 KENNY ORTEGA WAS THERE, THE PERSON WHO ACTUALLY SAWI T.
866 299-5127
2214
1 RANDY PHI LLI PS AND PAUL GONGAWARE - - I ' M SORRY. PAUL
2 GONGAWARE WASN' T THERE.
3 THEY' RE AT THI S MEETI NG TO ASSESS WHAT
4 HAPPENED. I S HE OKAY? AND THEY CONFRONT MR. J ACKSON.
5 THEY GO, " ARE YOU OKAY? I S EVERYTHI NG ALL RI GHT?"
6 DI D MR. J ACKSON SAY, NO, I CAN' T DO THI S? NO,
7 I NEED A DELAY? NO, THI S I S BEYOND ME? NO, ABSOLUTELY
8 NOT. AND YOU' LL HEAR WHAT THE TESTI MONY ACTUALLY SAYS.
9 THE TESTI MONY OF ALL THE PEOPLE THERE, HE LOOKED GREAT.
10 HE SEEMED OKAY.
11 THE THI NG WE HEARD I N THE E- MAI L, COULDN' T SEE
12 I T AT ALL. KENNY ORTEGA I S THERE AT THAT MEETI NG; ALL
13 RI GHT?
14 AND WHAT ELSE HAPPENS AT THAT MEETI NG
15 I MPORTANTLY I S DR. CONRAD MURRAY, MI CHAEL J ACKSON' S
16 DOCTOR, SAYS TO EVERYBODY THAT:
17 " YOU' RE OVERREACTI NG. STOP
18 BEI NG AMATEUR PSYCHI ATRI STS. I ' M THE
19 DOCTOR HERE. YOU GUYS GO AND BE
20 CONCERT PROMOTERS. YOU BE A CONCERT
21 DI RECTOR. I ' LL BE THE DOCTOR. I T' S
22 OKAY. "
23 THEY HAD NO REASON NOT TO BELI EVE HI M AT THAT
24 POI NT. THERE WAS NOTHI NG TO SHOWTHAT HI S DOCTOR WASN' T
25 TELLI NG THEM THE TRUTH. AND I N FACT WHAT THEN HAPPENED
26 I S A. E. G. - - WELL, I N ANY EVENT, YOU KNOWWHAT? TAKE
27 THE NEXT COUPLE DAYS OFF. TAKE OFF THE NEXT COUPLE
28 DAYS. YOU' RE SI CK. HAVE YOU FEEL BETTER, GET I T
866 299-5127
2215
1 TOGETHER. AND THEY DI DN' T REHEARSE FOR SEVERAL DAYS.
2 SEVERAL DAYS.
3 AND THEN WHAT HAPPENED? YOU' LL HEAR FROM
4 MR. ORTEGA, MR. PAYNE, MR. PHI LLI PS, ALL THE PEOPLE WHO
5 WERE THERE THAT DAY. ON THE 23RD HE CAME BACK, AND
6 MR. J ACKSON WAS SPECTACULAR. A. E. G. LI VE DI D GO TO
7 WATCH. THEY WENT TO MAKE SURE HE WAS OKAY. THI S I DEA
8 THAT THEY DI DN' T CARE, I T' S NOT TRUE. THEY WENT TO HI S
9 HOUSE TO MAKE SURE HE WAS OKAY. THEY TALKED TO HI S
10 DOCTOR. YES, THEY TALKED TO HI S DOCTOR TO MAKE SURE HE
11 WAS OKAY.
12 AND THEN THEY WENT TO THE STAPLES CENTER TO
13 WATCH HI M REHEARSE AFTER DAYS OFF TO MAKE SURE HE WAS
14 OKAY. AND EVERYBODY, I NCLUDI NG MR. ORTEGA, WI LL TELL
15 YOU HE WAS BETTER THAN OKAY. I T WAS THE BEST WE EVER
16 SEEN HI M. THEY SAY THAT ABOUT THE NEXT NI GHT AS WELL,
17 THE 23RD AND 24TH OF J UNE. EVERYBODY WI LL TESTI FY AND
18 TELL YOU HOWAMAZI NG MR. J ACKSON WAS.
19 NOW, I ' M GOI NG TO SHOWYOU A SMALL CLI P - - I
20 DON' T DARE SHOWYOU ANY MORE - - ABOUT ONE OF THOSE
21 REHEARSALS. AND LET' S SEE WHAT MR. J ACKSON I S DOI NG AND
22 J UST HOWENGAGED HE ACTUALLY I S.
23
25
26 MR. PUTNAM: 23RD. THI S I S AFTER THAT ON THE
27 19TH. BACK PRACTI CI NG RI GHT ON THE SHOW. HE' S ENGAGED.
28 YOU SAWI T. I T WAS J UST COUNT 1 OF THE CLI PS I ' M GOI NG
866 299-5127
2216
1 TO SHOWYOU. ONE OF THE ACTUAL CLI PS YOU' RE GOI NG TO
2 SEE.
3 NOW, THE LAST NI GHT, THAT WAS THE 24TH.
4 J UNE 24TH, 2009. MR. PHI LLI PS WAS THERE TO MAKE SURE HE
5 WAS OKAY. HE' LL TELL YOU, WHEN MI CHAEL J ACKSON WALKED
6 HI M BACK TO HI S CAR - - I ' M SORRY. OTHER WAY AROUND.
7 MR. PHI LLI PS WALKED MR. J ACKSON BACK TO HI S CAR,
8 MR. J ACKSON THANKED HI M AND TOLD HI M, YOU GOT ME HERE.
9 NOWI ' M READY, AND I CAN TAKE I T FROM HERE.
10 THAT' S THE NI GHT OF THE 24TH, THE SECOND OF HI S
11 TWO PERFORMANCES HE' S TALKI NG ABOUT, WHERE HE' S
12 PRACTI CI NG - - THESE AREN' T DRESS REHEARSALS. THAT WAS
13 ANOTHER TWO WEEKS. DRESS REHEARSALS WERE GOI NG TO BE I N
14 THE UK. LESS THAN 24 HOURS LATER, MR. J ACKSON WAS DEAD.
15 NOW, YOU' RE GOI NG TO LOOK THROUGH THE VARI OUS
16 EVI DENCE AND SEE WHAT PEOPLE DI D AND DI DN' T KNOW, AND
17 WHAT I BELI EVE THE EVI DENCE WI LL SHOWYOU I S THEY DI DN' T
18 SEE THI S COMI NG.
19 I N 2009 YOU SAWJ UST BEFORE HE DI ED, THEY
20 DI DN' T SEE THI S COMI NG. THEY HAD NO I DEA. AND
21 CERTAI NLY NONE OF THE STORI ES, OR ANYTHI NG THAT YOU' LL
22 SEE WI LL EVER TELL YOU ANYTHI NG ABOUT PROPOFOL, BECAUSE
23 NO ONE EVER HEARD OF I T BEFORE.
24 NOW, I ' M GOI NG TO TALK A LI TTLE BI T - - THAT
25 BRI NGS US UP TO 2009. MR. J ACKSON' S DEATH. AND WHAT
26 WAS DONE THEN, KNOWN THEN, AND THEN I ' M GOI NG TO TELL
27 YOU ABOUT WHAT I S KNOWN NOW; ALL RI GHT? AND THI S I S
28 VERY DI FFERENT. THI S I SN' T WHAT PEOPLE KNEWON
866 299-5127
2217
1 J UNE 25TH, 2009. I T' S WHAT WE' VE LEARNED SI NCE THEN.
2 AND WHAT WE' VE LEARNED I S A VERY DI FFERENT
3 STORY. WE TALKED ALREADY ABOUT WHAT HAPPENED I N 1993
4 AND THE FACT THAT MR. J ACKSON, AT THE END OF THAT TOUR,
5 BEFORE I T ENDED, HE DECI DED THAT HE HAD A PROBLEM, WAS
6 WORRI ED ABOUT WHAT WAS HAPPENI NG WI TH PAI NKI LLERS.
7 BECAUSE REMEMBER WHAT HAPPENED I N THE PEPSI COMMERCI AL?
8 HE TOLD YOU. MR. J ACKSON WAS TAKI NG PAI NKI LLERS BECAUSE
9 OF THAT PAI N AT THE TI ME.
10 AND EVENTUALLY, MR. J ACKSON WI LL SAY HE WAS
11 WORRI ED HE WAS DEVELOPI NG A PROBLEM, AND HE ANNOUNCED I T
12 TO THE WORLD. I WANT I T TO BE CLEAR YOU UNDERSTAND
13 THAT. THI S I SN' T SOMETHI NG TOLD TO PAUL GONGAWARE ON
14 THE SI DE OR SOMETHI NG. THI S WAS A PUBLI C ANNOUNCEMENT.
15 I WANT TO SHOWI T TO YOU.
16
18
19 MR. PUTNAM: SO I T WASN' T SOMETHI NG LEARNED AND
20 TOLD HI M ON THE SI DE, WHAT WAS GOI NG ON. MR. J ACKSON
21 ANNOUNCED I T TO THE WORLD, AND THAT' S WHAT HAPPENED I N
22 ' 93. AND MR. J ACKSON WENT I NTO REHAB.
23 AND AS I TOLD YOU BEFORE, THE EVI DENCE WI LL
24 SHOWYOU PUBLI CLY, EVERYONE BELI EVED THAT I T WORKED.
25 BUT I N REALI TY, WE NOWKNOWTHI S MUCH BETTER, AND THI S
26 WAS THE LAST TI ME THAT THE PUBLI C MI CHAEL J ACKSON WOULD
27 HAVE TO LET PEOPLE KNOWHE HAD ANY PROBLEM WI TH
28 PAI NKI LLERS AT ALL.
866 299-5127
2218
1 HE DI DN' T WANT - - MR. J ACKSON DI DN' T WANT
2 PEOPLE TO KNOWHE HAD AN ONGOI NG PROBLEM, AND HE
3 CERTAI NLY DI DN' T WANT PEOPLE TO KNOWTHAT HE WAS WORKI NG
4 WI TH.
5 THE EVI DENCE WI LL SHOWTHAT MI CHAEL J ACKSON WAS
6 SECRETI VE ABOUT HI S PAI NKI LLER ADDI CTI ON, AND LI KE OTHER
7 PEOPLE THAT BUY DRUGS ON THE STREET, MR. J ACKSON WAS
8 GETTI NG HI S DRUGS FROM DOCTORS, AND THI S I S I MPORTANT
9 FOR TWO REASONS:
10 ONE, THE EVI DENCE WI LL SHOWYOU THERE WAS
11 USUALLY A PLAUSI BLE REASON FOR DRUG USE. FOR I NSTANCE,
12 MR. J ACKSON WOULD HAVE A MI NOR COSMETI C PROCEDURE. HE
13 WOULD GET THE SAME PAI NKI LLER WE WOULD GET FOR SURGERY,
14 BUT THE PROCEDURE MR. J ACKSON GOT MADE I T HARD FOR AN
15 OUTSI DER TO KNOWWHETHER THERE WAS SOMETHI NG ELSE WRONG,
16 BECAUSE HE WAS HAVI NG A PROCEDURE, SO HE GOT
17 PAI NKI LLERS.
18 THE SECOND REASON THI S WAS I MPORTANT I S MI CHAEL
19 J ACKSON' S DOCTORS WERE BOUND BY PHYSI CI AN/ PATI ENT
20 CONFI DENTI ALI TY. THEY WERE CONCERNED THAT MR. J ACKSON
21 WAS USI NG TOO MANY PAI NKI LLERS, OR OTHERWI SE HAD A
22 PROBLEM. THEY COULDN' T TELL ANYBODY. ALL THEY COULD DO
23 I S REFUSE TO TREAT HI M FURTHER, AND YOU' LL HEAR SOME OF
24 THEM DI D, BUT MR. J ACKSON ALWAYS FOUND SOMEBODY ELSE.
25 NOW, I ' M NOT GOI NG TO REPEAT THE " HI STORY" TOUR. HE DI D
26 COME BACK. THE " HI STORY" TOUR WAS A HUGE SUCCESS. NO
27 ONE THOUGHT THERE WAS A PROBLEM. THERE WAS A DOCTOR
28 I NVOLVED, BUT NO ONE HEARD OF ANY PROBLEMS.
866 299-5127
2219
1 NOW, I N THE MEANTI ME, MI CHAEL MADE EFFORTS TO
2 LI VE OUTSI DE THE PUBLI C EYE AFTER THE " HI STORY" TOUR.
3 AFTER PUBLI C APPEARANCES AFTER THE " NEWMI LLENNI UM, " HE
4 SETTLED I NTO HI S HOME, NEVERLAND RANCH. AND THE
5 EVI DENCE WI LL SHOWYOU FROM THE EARLY 2000S ON,
6 MR. J ACKSON WAS BACK AND FORTH ON AND OFF PAI NKI LLERS.
7 HE DI D THI S BY BEI NG VERY SECRETI VE, NOT EVEN WI TH HI S
8 FAMI LY AND STAFF AROUND HI M, BUT EVEN WI TH HI S OWN
9 DOCTORS. I N FACT, THE EVI DENCE WI LL SHOWTHAT MI CHAEL
10 OFTEN WOULD NOT EVEN TELL THEM ABOUT THE PROCEDURES HE
11 WAS RECEI VI NG FROM OTHER DOCTORS, AND THERE WERE A LOT
12 OF OTHER DOCTORS.
13 THESE ARE THE ONES WE WERE ABLE TO I DENTI FY;
14 OKAY ( I NDI CATI NG) ? WE HAVE EVERY REASON TO BELI EVE
15 THERE WERE MUCH MORE. SOME OF THEM ARE OTHER MEDI CAL
16 PROFESSI ONALS. THESE ARE THE ONES WE WERE ABLE TO
17 I DENTI FY ( I NDI CATI NG) .
18 THE CHART SHOWS ALL THE DOCTORS AND HEALTHCARE
19 WORKERS WE KNOWABOUT. THI S I S NOT ALL OF THEM. YOU' LL
20 HEAR FROM SEVERAL OF THEM AT TRI AL. YOU' LL HEAR FROM
21 DR. METZGER.
22 DR. METZGER WAS SOMEONE WHO WORKED WI TH
23 MR. J ACKSON FROM 1983 UNTI L HI S DEATH. ONE OF
24 MR. J ACKSON' S PRI MARY CARE PROVI DERS, AND DR. METZGER
25 WI LL TELL YOU HE WAS CONCERNED MR. J ACKSON HAD DI FFERENT
26 DOCTORS I N DI FFERENT PLACES. HE WOULD NOT TELL HI M
27 ABOUT THOSE OTHER DOCTORS, AND WHAT THEY WERE GI VI NG
28 HI M. AND THI S I S A STORY I COULD REPEAT TO YOU OVER AND
866 299-5127
2220
1 OVER AGAI N.
2 THI S DR. VAN VALI N, DR. VAN VALI N WI LL TELL YOU
3 THAT I N 2001 HE GAVE MR. J ACKSON A SHOT OF DEMEROL,
4 PAI NKI LLER, SUPPOSEDLY FOR BACK PAI N.
5 AND AFTERWARDS, WHEN THEY WERE TALKI NG,
6 DR. VAN VALI N NOTI CED A SPOT OF BLOOD ON MR. J ACKSON' S
7 SHI RT, AND DR. VAN VALI N SUSPECTED MR. J ACKSON RECEI VED
8 ANOTHER SHOT OF DEMEROL THE VERY DAY. AND HE SAI D TO
9 MR. J ACKSON, " MI CHAEL, YOU CAN' T DO THI S. YOU' RE
10 DOUBLI NG- UP, YOU KNOW. I F I GI VE YOU A SHOT, AND YOU
11 ALREADY HAD ONE, I T COULD KI LL YOU. "
12 YOU ALSO HEARD DR. VAN VALI N SHORTLY THEREAFTER
13 STOPPED TREATI NG MR. J ACKSON.
14 DR. SAMUEL, SOMEONE AT THE SANTA I NEZ VALLEY
15 COLLEGE HOSPI TAL, WI LL TELL YOU ABOUT THE SAME STORY ON
16 AND ON AND ON. YOU' LL HEAR I N PRI VATE, UNANNOUNCED TO
17 THE WORLD, MR. J ACKSON WAS MEETI NG WI TH DOCTORS AND
18 GETTI NG PAI NKI LLERS, AND NO ONE KNEW.
19 HE ALSO RESI STED ALL ATTEMPTS TO GET HELP. WE
20 LEARNED THAT MR. J ACKSON WAS DI STANCI NG HI MSELF FROM
21 EVERYONE. HE TRI ED TO GET BETTER, AND LATER HE J UST
22 TRI ED TO KEEP I T A SECRET. WE HAVE WHAT HAPPENED I N
23 ' 93, BUT WHAT WE DI DN' T KNOWUNTI L THI S CASE STARTED
24 LOOKI NG I NTO I T, I S THAT THERE WERE OTHER TI MES HE WENT
25 I NTO REHAB AS WELL WHERE HE SOUGHT TREATMENT FOR
26 PAI NKI LLERS. ONE WAS I N 2002.
27 AND YOU' LL HEAR TESTI MONY FROM ONE OF
28 MR. J ACKSON' S SECURI TY GUARDS. MR. J ACKSON LOVED MI KE
866 299-5127
2221
1 LAPERRUQUE. AND HE WI LL TELL YOU J UST HOWBAD I T HAD
2 GOTTEN.
3 HE WI LL TELL YOU ABOUT A VERY SCARY I NCI DENT I N
4 2002 WHERE HE FOUND MR. J ACKSON PASSED OUT AT A HOTEL AT
5 DI SNEY WORLD. MR. J ACKSON WAS THERE WI TH HI S KI DS, AND
6 MR. LAPERRUQUE WAS AFRAI D THAT MR. J ACKSON HAD STOPPED
7 BREATHI NG. SO HE WI LL TELL YOU MR. J ACKSON' S OWN
8 CHI LDREN HAD TO CALL 911. SO AROUND THI S TI ME, MR.
9 J ACKSON WENT BACK TO REHAB.
10 AND LET' S BE CLEAR ON THI S, I T WAS AN
11 OUTPATI ENT. HE WAS DEALI NG WI TH A DOCTOR NAMED ALI MORAD
12 FARSCHCI AN. MR. FARSCHCI AN WENT SO FAR AS TO PUT I N AN
13 I MPLANT I N MR. J ACKSON. THE I MPLANT WAS TO HELP HI M
14 STOP USI NG PAI NKI LLERS. YOU WI LL HEAR ABOUT THE
15 I MPLANT. I T WAS LI TERALLY SURGI CALLY PUT I N HI M.
16 AND YOU WI LL HEAR, AS A RESULT, MR. J ACKSON WAS
17 BETTER, AND HE WAS DRUG- FREE I N 2002 AND 2003.
18 SO AGAI N, I T LOOKED LI KE MR. J ACKSON HAD TURNED
19 THE CORNER, AND THEN THE HORRI BLE CHI LD- MOLESTATI ON
20 CHARGES CAME, AS WELL AS THE CRI MI NAL TRI AL. SO YOU' LL
21 HEAR FURTHER EVI DENCE AROUND THI S TI ME, MR. J ACKSON WENT
22 TO ANOTHER DOCTOR AND HAD I T REMOVED, AND THE FI RST
23 THI NG HE DI D AFTER HE HAD I T REMOVED WAS ASK FOR A
24 PAI NKI LLER.
25 YOU' LL ALSO HEAR FROM VARI OUS MEMBERS OF
26 MR. J ACKSON' S FAMI LY, THE PEOPLE AT THE TI ME WHO HAD TO
27 BE CLOSEST TO HI M. EVEN THEN THERE WAS A WALL THEY
28 COULDN' T GET BEYOND. AND YOU' LL HEAR ALL KI NDS OF
866 299-5127
2222
1 TESTI MONY FROM VARI OUS MEMBERS OF THE FAMI LY ABOUT THE
2 I DEA THAT THEY WOULD TRY TO STAGE I NTERVENTI ONS TO TRY
3 TO GET THEI R BROTHER TO STOP TAKI NG PAI NKI LLERS. YOU' LL
4 HEAR THEM TELL YOU MR. J ACKSON REFUSED TO ADMI T HE HAD A
5 PROBLEM, REFUSED TO GO TO REHAB, UPSET, TOLD THEM HE WAS
6 FI NE, DENI ED HE HAD ANY ADDI CTI ON, J UST LI KE HE ALWAYS
7 DI D. AND YOU' LL HEAR THAT MR. J ACKSON WAS VERY, VERY
8 CONVI NCI NG, EVEN WI TH HI S OWN FAMI LY.
9 YOU' LL HEAR FROM MANY OF THEM WHO WI LL SAY, I
10 DON' T BELI EVE HE EVER HAD A PROBLEM AFTER 1993, OR GI VEN
11 THE I NTERVENTI ON, NO, ACTUALLY, HE SEEMED FI NE. THI S I S
12 HI S OWN FAMI LY. CERTAI NLY, OTHERS OUTSI DE HAD NO I DEA
13 WHAT WAS GOI NG ON. I F THEY DI DN' T BELI EVE I T, HOWCOULD
14 SOMEONE ELSE THI NK THERE WAS EVEN A PROBLEM?
15 MR. J ACKSON GOT VERY, VERY GOOD AT HI DI NG HI S
16 ADDI CTI ON. HE DI DN' T LET ANYONE SEE I T. NOT HI S STAFF,
17 NOT HI S CHI LDREN, AND EVEN WHEN HE WAS STI LL ADDI CTED,
18 HE J UST FOUND BETTER WAYS TO HI DE I T, AND THI S WAS THE
19 PRI VATE MI CHAEL J ACKSON.
20 NOW, I ' LL TELL YOU A LI TTLE BI T MORE ABOUT THE
21 PRI VATE MI CHAEL J ACKSON, UNLI KE WHAT WE SEE I N THE
22 PUBLI C EYE.
23 WHI LE HE WAS ABUSI NG PAI NKI LLERS I N PRI VATE,
24 THERE WAS STI LL SOMETHI NG EVEN MORE PRI VATE, AND THAT
25 WAS PROPOFOL. BECAUSE THERE WAS A SMALL NUMBER, THERE
26 WERE PEOPLE WHO KNEWABOUT THI S ABUSE, BUT NO ONE OTHER
27 THAN HI S MEDI CAL PROVI DERS EVER KNEWABOUT THE PROPOFOL
28 I TSELF. HOWCOULD THEY? ONLY THEY WOULD BE GI VI NG I T,
866 299-5127
2223
1 AND YOU HEARD A LOT ABOUT WHAT PROPOFOL I S, AND I WON' T
2 GO THROUGH I T ALL AS TO HOWI T WORKS, THE ON- AND- OFF
3 SWI TCH AND WHATNOT. BUT AS A RESULT, ONLY THE DOCTORS
4 WOULD KNOWABOUT I T. ONLY DOCTORS COULD ADMI NI STER I T.
5 YOU HEARD EARLI ER THI S WAS SOMETHI NG NEW. THI S
6 WAS SOMETHI NG THAT HAPPENED WI TH HI M AFTER DR. CONRAD
7 MURRAY CAME ON. THAT' S NOT TRUE.
8 WHAT WE' VE LEARNED, AND WHAT YOU' LL LEARN, AND
9 WHAT YOU' LL HEAR EVI DENCE ABOUT, I S THAT SOMETI ME I N THE
10 1990S, MR. J ACKSON, WI TH THE HELP OF SOME OF HI S
11 DOCTORS, BEGAN USI NG PROPOFOL AT NI GHT TO HELP HI M
12 SLEEP. THI S WAS A BI G SECRET. SO BI G, THAT BEFORE THI S
13 LAWSUI T, NO ONE HAD KNOWN. AND EVEN HI S REGULAR DOCTORS
14 DI DN' T KNOW.
15 AS THE EVI DENCE WI LL REVEAL, ALMOST NONE OF
16 THEM HAD ANY I DEA, EVER, UNTI L TWO MONTHS AFTER THE
17 ANNOUNCEMENT OF HI S DEATH I T WAS DETERMI NED I T WAS FROM
18 PROPOFOL. HI S FAMI LY DI DN' T KNOW. HI S FRI ENDS DI DN' T
19 KNOW. KAREN FAYE, AND THE PEOPLE WHO WORKED WI TH HI M
20 DI DN' T KNOW. THESE ARE PEOPLE WHO HAD WORKED WI TH HI M
21 OVER 20 YEARS.
22 HI S MOTHER DI DN' T KNOWABOUT I T. HI S CHI LDREN
23 DI DN' T KNOWABOUT I T. HI S BODYGUARDS DI DN' T KNOWABOUT
24 I T. HI S STAFF DI DN' T KNOWABOUT I T. AND A. E. G. LI VE
25 CERTAI NLY DI DN' T KNOWABOUT I T.
26 A NURSE NAMED DEBBI E ROWE DI D. NOW, YOU
27 PROBABLY HEARD OF MS. ROWE, HER NAME BEFORE. SHE
28 MARRI ED MR. J ACKSON AND BECAME THE MOTHER OF HI S TWO
866 299-5127
2224
1 OLDEST CHI LDREN, AND THEY SPLI T UP A COUPLE OF YEARS
2 LATER.
3 I N THE EARLY ' 90S, MS. ROWE WAS NOT
4 MR. J ACKSON' S WI FE. SHE WAS A NURSE AND WORKED WI TH A
5 DR. ARNOLD KLEI N.
6 DR. KLEI N AND MS. ROWE USED TO TRAVEL WI TH
7 MR. J ACKSON, SOMETI MES MEETI NG HI M I N PLACES, SOMETI MES
8 TRAVELI NG WI TH HI M TO PLACES THAT I NCLUDED TI MES ON THAT
9 SECOND TOUR WHERE EVERYONE THOUGHT EVERYTHI NG WAS
10 PERFECT WI TH MR. J ACKSON WHERE THERE WERE NO MEDI CAL
11 I SSUES AT ALL.
12 WE DON' T KNOWWHY I T STARTED, WE HAVEN' T BEEN
13 ABLE TO DETERMI NE HOW, BUT WE KNOWAT SOME POI NT DURI NG
14 THAT TI ME, MR. J ACKSON STARTED USI NG PROPOFOL I N
15 CONNECTI ON WI TH SURGI CAL PROCEDURES. AND THAT WAS
16 USUALLY MEANT TO GO TO SLEEP.
17 MS. ROWE WI LL TELL YOU SHE SAWMR. J ACKSON USE
18 I T DURI NG THE TOUR I N THE EARLY ' 90S, AND AS FAR AS WE
19 CAN TELL, THAT' S THE FI RST TI ME HE STARTED USI NG.
20 SHE' LL TELL YOU THAT SHE SAWSEVERAL DOCTORS GET
21 MR. J ACKSON TO SLEEP OVERNI GHT WI TH PROPOFOL I N HOTEL
22 ROOMS WHI LE ON TOUR.
23 MS. ROWE REMEMBERS MI CHAEL BEI NG GI VEN PROPOFOL
24 WI TH AN I V I N MUNI CH, I N LONDON, I N PARI S WHI LE HE WAS
25 TOURI NG. MS. ROWE KNEWTHI S WAS I NCREDI BLY DANGEROUS,
26 AND SHE WI LL TELL YOU THI S. AND SHE WI LL TELL YOU WHEN
27 SHE TRAVELED WI TH MR. J ACKSON, SHE WOULD ALWAYS I NSI ST
28 ON BEI NG THERE WHEN HE WAS GETTI NG PROPOFOL OVERNI GHT
866 299-5127
2225
1 BECAUSE SHE WANTED TO MAKE SURE HE WOKE UP. SHE ALSO
2 STATED SHE ALWAYS MADE SURE THERE WERE TWO
3 ANESTHESI OLOGI STS THERE FOR THE SAME REASON.
4 SO THE I DEA THAT NO ONE KNEW? SOME PEOPLE
5 KNEW. THERE WERE DOCTORS. THERE WERE DOCTORS WHO TOLD
6 NOBODY, AND AS SUCH, THERE WAS NO WAY, THERE WAS NO WAY
7 THAT A. E. G. LI VE WOULD KNOW.
8 NOW, MS. ROWE DOESN' T REMEMBER THE NAMES OF ALL
9 THE DOCTORS, AND SHE' LL GI VE YOU ALL THE TI MES SHE
10 DI DN' T. AND REMEMBER, WHAT' S I MPORTANT ABOUT THI S
11 PROPOFOL I S, I T' S NOT SOMETHI NG YOU USE I N YOUR HOME.
12 YOU USE I T I N A HOSPI TAL WI TH AN ANESTHESI OLOGI ST. HOW
13 COULD ANYONE EVER THI NK A DRUG THEY NEVER HEARD OF, THAT
14 THERE WAS A PROBLEM WI TH MR. J ACKSON AND THAT HE WAS
15 USI NG I T I N HI S HOME? THERE' S NO WAY.
16 AND MR. J ACKSON CERTAI NLY DI DN' T WANT ANYONE TO
17 KNOW. THI S WAS HI S BI GGEST SECRET. AND YOU' LL LEARN
18 DURI NG THE TRI AL, OVER THE YEARS HE SECRETLY SOUGHT OUT
19 THE DRUG FROM A NUMBER OF PROVI DERS. YOU' LL HEAR THAT.
20 HE ALSO ASKED FOR I T EVEN FOR ROUTI NE
21 TREATMENTS, LI KE HAVI NG HI S TEETH CLEANED AT THE
22 DENTI ST. AND WHATEVER DOCTOR OR OTHER PROVI DER TOLD HI M
23 PROPOFOL WAS DANGEROUS OR REFUSED TO GI VE I T TO HI M, HE
24 WOULD FI ND SOMEBODY ELSE.
25 NOW, AS AN EXAMPLE, YOU' LL HEAR FROM A DOCTOR,
26 CHRI STI NE QUI NN. DR. QUI NN I S ONE OF THE MEDI CAL
27 PROVI DERS. SHE' S A DENTAL ANESTHESI OLOGI ST AT U. C. L. A.
28 I N THE LATE ' 90S, DR. QUI NN MET MR. J ACKSON DURI NG A
866 299-5127
2226
1 DENTAL PROCEDURE WHERE HE RECEI VED PROPOFOL.
2 DR. QUI NN WI LL TELL YOU THAT SHORTLY AFTER THE
3 PROCEDURE, MR. J ACKSON CALLED HER HI MSELF. MI CHAEL
4 J ACKSON CALLED HER. HE ASKED DR. QUI NN I F SHE WOULD
5 MEET HI M AT THE BEL AI R HOTEL I N BEVERLY HI LLS.
6 DR. QUI NN WI LL TELL YOU SHE MET MI CHAEL THERE
7 AT THE HOTEL. HE WAS THERE WI TH HI S SON PRI NCE, WHO WAS
8 ABOUT TWO YEARS OLD AT THE TI ME. AND AT THE HOTEL,
9 MI CHAEL LEFT PRI NCE WI TH DR. QUI NN' S SI STER AND MET WI TH
10 HER SEPARATELY.
11 SHE' LL TELL YOU HE ASKED FOR PROPOFOL, NOT FOR
12 ANY PROCEDURE, BECAUSE HE WANTED TO TAKE I T TO HELP HI M
13 SLEEP. SHE REFUSED, AND SHE WI LL TELL YOU THAT SHE TOLD
14 MI CHAEL, SHE TOLD HI M, THAT THE SLEEP YOU GET ON
15 PROPOFOL I S NOT TRUE SLEEP. REMEMBER YOU HEARD THAT HE
16 DI DN' T KNOWTHAT? SHE TOLD HI M THAT.
17 SHE WI LL TELL YOU THAT SHE TOLD HI M PRECI SELY
18 THAT. SHE SAI D I T' S NOT A FULL SLEEP, SO I T DOESN' T
19 SOLVE THE PROBLEMS YOU' RE HAVI NG. THAT' S WHY I T' S NOT
20 USED AS A SLEEP AI D. SHE TOLD HI M THAT AND REFUSED TO
21 GI VE I T TO HI M.
22 SHE ALSO TOLD MR. J ACKSON I T' S NOT PROPER TO
23 GI VE PROPOFOL OUTSI DE OF A MEDI CAL SETTI NG. YOU' LL HEAR
24 HER TESTI FY TO THI S. YOU' LL HEAR THE EVI DENCE.
25 DR. VAN VALI N WAS MENTI ONED TO YOU BEFORE, CAN
26 TELL YOU SOMETHI NG SI MI LAR.
27 I N 2002, 2003, MR. J ACKSON ASKED DR. VAN VALI N
28 WHETHER HE WOULD GI VE HI M PROPOFOL TO SLEEP. I N FACT,
866 299-5127
2227
1 MR. J ACKSON TOLD DR. VAN VALI N HE HAD A BOX OF PROPOFOL
2 I N HI S ROOM AT HI S HOUSE I N NEVERLAND, AND HE USED
3 PROPOFOL FOR ALL THOSE YEARS BETWEEN SHOWS. HE THEN
4 SHOWED I T TO HI M I N THE BOX. HE SHOWED I T TO HI M, ALL
5 THE BOTTLES OF PROPOFOL. AND HE ASKED DR. VAN VALI N TO
6 GI VE I T TO HI M TO HELP HI M SLEEP.
7 YOU' LL HEAR THI S TESTI MONY, AND DR. VAN VALI N
8 REFUSED, AND HE WARNED MR. J ACKSON AS WELL.
9 DR. VAN VALI N TOLD MI CHAEL J ACKSON THAT THI S DRUG I S
10 DANGEROUS. THE ONLY PLACE I T SHOULD EVER BE USED I S I N
11 AN OPERATI NG ROOM WI TH AN ANESTHESI OLOGI ST THAT
12 SPECI ALI ZES I N I T. THAT' S BECAUSE I T' S A GENERAL
13 ANESTHETI C. WI THOUT PROPER MONI TORI NG, YOU COULD DI E.
14 YOU' RE GOI NG TO HEAR FROM THESE DOCTORS.
15 NOT A SI NGLE DOCTOR WE SPOKE TO SAI D THEY KNEW
16 ANYTHI NG ABOUT THE USE OF PROPOFOL FOR SLEEP. MI CHAEL
17 J ACKSON HAD ASKED SOME OF THESE VERY DOCTORS FOR I T FOR
18 THAT VERY REASON, AND HE KEPT THI S ALL UNDER WRAPS. NO
19 ONE KNEW. THESE DOCTORS DON' T TELL ANYBODY. THEY' RE
20 DOCTORS. THERE' S A DOCTOR/ PATI ENT RELATI ONSHI P.
21 NOW, THI S WAS HI S BEST- KEPT SECRET, AND WE
22 NEVER KNEWANYTHI NG ABOUT I T. AND NOT J UST BECAUSE OF
23 THAT PATI ENT - - PHYSI CI AN/ PATI ENT RELATI ONSHI P, BUT ALSO
24 BECAUSE WHAT I TOLD YOU ABOUT, I T' S AN ON/ OFF SWI TCH.
25 COULDN' T SEE I T WAS HAPPENI NG UNLESS YOU WERE THERE WHEN
26 I T HAPPENED.
27 NOW, THE OTHER THI NG I WANT TO TELL YOU ABOUT
28 THAT I S THAT WE TALKED A LOT ABOUT DR. CONRAD MURRAY,
866 299-5127
2228
1 AND THE MEETI NG, AND WE' LL SKI P OVER THAT. WE' LL SHOW
2 YOU HOWLONG THEY MET, HOWLONG THE TREATMENT WAS.
3 BUT THI S PROPOFOL I DEA I S NOT J UST SOMETHI NG
4 THAT HAPPENED WAY BACK THEN. THE EVI DENCE WI LL SHOWYOU
5 THAT AFTER MR. J ACKSON HAD ALREADY ASKED DR. CONRAD
6 MURRAY TO J OI N HI M ON THE TOUR - - REMEMBER I TOLD YOU,
7 YOU SAWHOWDR. MURRAY EXPLAI NED I T, PRI OR TO A. E. G.
8 LI VE EVER HEARI NG ANYTHI NG - - EVEN AFTER HE HAD ALREADY
9 TALKED TO DR. CONRAD MURRAY AND ASKED HI M, I T APPEARS - -
10 YOU' LL HAVE TO LOOK AT THE EVI DENCE. I T LOOKS LI KE HE
11 DI DN' T TURN TO DR. CONRAD MURRAY FOR PROPOFOL. THAT WAS
12 HI S FAMI LY DOCTOR HE WAS BRI NGI NG. NO. HE TURNED TO
13 OTHERS, AND YOU' LL SEE THE EVI DENCE.
14 AT THI S TI ME DR. MURRAY WAS HI S FAMI LY DOCTOR.
15 HE WAS BRI NGI NG HI M ON TOUR. THE ONE WHO TREATED COLDS
16 AND ACHES AND PAI NS. AND AS DEBBI E ROWE TOLD YOU,
17 MR. J ACKSON HAD ALWAYS PREVI OUSLY USED AN
18 ANESTHESI OLOGI ST FOR PROPOFOL, AND THAT MAKES SENSE,
19 BECAUSE ONLY ANESTHESI OLOGI STS CAN GI VE I T PROPERLY.
20 SOMETI ME I N EARLY 2009, SOMETHI NG CHANGED FOR
21 MR. J ACKSON, AND HE STARTED SECRETLY TRYI NG TO GET
22 PROPOFOL FROM OTHERS. AND YOU' LL SEE THE EVI DENCE THAT
23 NOBODY KNEWTHI S AT THI S TI ME, NOT RANDY PHI LLI PS, NOT
24 PAUL GONGAWARE, NOT KENNY ORTEGA, NONE OF HI S CHI LDREN,
25 NONE OF THE HOUSEHOLD STAFF THAT KNOWS MI CHAEL J ACKSON,
26 THE DOCTORS RE- APPROACHED.
27 YOU' LL HEAR I T FROM DR. METZGER AGAI N, HI S
28 LONG- TI ME PHYSI CI AN, I N APRI L OF 2009, METZGER SAYS THAT
866 299-5127
2229
1 MI CHAEL J ACKSON ASKED HI M FOR I NTRAVENOUS SLEEP
2 MEDI CI NE, AND DR. METZGER SAI D, " NO. " I N FACT,
3 DR. METZGER TOLD YOU THAT HE WARNED MR. J ACKSON, GI VI NG
4 SLEEP MEDI CI NE BY I V I S DANGEROUS AND POTENTI ALLY
5 LI FE- THREATENI NG. HE TOLD HI M THAT. THI S WAS HI S
6 PHYSI CI AN SI NCE 1983. BUT THAT DI DN' T STOP MR. J ACKSON.
7 HE THEN FOUND ANOTHER MEDI CAL PROFESSI ONAL, A
8 WOMAN NAMED CHERI LYN LEE. HE ASKED HER FOR PROPOFOL.
9 AND SHE' LL TELL YOU THAT HE TOLD HER HE NEEDED I T FOR
10 SLEEP, AND SHE SAI D, " ABSOLUTELY NOT. " FI RST SHE TOLD
11 HI M I T WASN' T SAFE AS A SLEEP AI D.
12 THEN WHEN SHE SAI D THAT DI DN' T REGI STER WI TH
13 MR. J ACKSON AT ALL, I T DI DN' T SEEM TO MATTER TO HI M, I S
14 THAT SHE THEN WENT ON TO EXPLAI N TO HI M THAT I T WASN' T
15 SUPPOSED TO BE USED I N THE HOME. I T I SN' T SUPPOSED TO
16 BE USED FOR SLEEP, AND NOBODY THAT WOULD ADMI NI STER I T
17 TO HI M CARED ABOUT HI M. SHE TOLD HI M THI S I N APRI L OF
18 2009.
19 AND FI NALLY, SHE SAI D, " FRANKLY, I ' M TELLI NG
20 YOU THI S, MR. J ACKSON. THE BOTTOM LI NE, THI S I S DEATH.
21 DON' T DO THI S. DEATH. "
22 ALL OF THESE DOCTORS TOLD HI M I N 2009, BUT HE
23 WENT ON AND DI D I T ANYWAY. AND THE EVI DENCE WI LL SHOW
24 YOU THAT I N APRI L OF 2009, DR. CONRAD MURRAY STARTED
25 ORDERI NG PROPOFOL I N A PHARMACY I N LAS VEGAS. AND YOU
26 WI LL HEAR TESTI MONY AS TO THE FACT THAT BEFORE A. E. G.
27 HAD EVER HEARD OF DR. CONRAD MURRAY, HE WAS ALREADY
28 TREATI NG HI M.
866 299-5127
2230
1 AS I SHOWED YOU, NO ONE KNEW, AND I WANT TO
2 SHOWYOU WHY NO ONE KNEW. I T MAY BE HARD SI TTI NG AS
3 J URORS TO BELI EVE THAT NO ONE AT THE TI ME KNEWWHAT WAS
4 GOI NG ON, BUT THE EVI DENCE WI LL SHOWYOU THAT' S THE
5 CASE. REMEMBER, THE EVI DENCE I S PROPOFOL. I T CAN' T BE
6 SEEN. AND WE' LL ALSO SHOWYOU THAT DR. CONRAD HI D I T SO
7 I T WASN' T SEEN.
8 AND I ' M GOI NG TO SHOWYOU HOWTHAT' S POSSI BLE.
9 I ' M GOI NG TO SHOWYOU THE HOUSE. YOU SAWI T BEFORE.
10 THE CAROLWOOD HOUSE WHERE THEY LI VED.
11 THI S I S MR. J ACKSON' S HOME ( I NDI CATI NG) . SHOW
12 YOU FI RST THE HOUSE THEY SHOWED YOU A MOMENT AGO.
13 SHOWED YOU THE FLOOR PLAN ( I NDI CATI NG) . THI S I S THE
14 FLOOR PLAN. THE SECOND FLOOR, FOYER, SECOND- FLOOR
15 BEDROOM I N THE BACK. MR. J ACKSON' S CHI LDREN I N THE
16 OTHER ROOMS HERE ( I NDI CATI NG) .
17 AND YOU' LL LEARN AT TRI AL THAT NO ONE WAS
18 ALLOWED UPSTAI RS. NO ONE. YOU WEREN' T ALLOWED TO GO
19 I NTO MR. J ACKSON' S BEDROOM. NOT EVEN THE HOUSEKEEPI NG
20 STAFF. AND WHY? BECAUSE MR. J ACKSON WAS HI DI NG WHAT
21 WAS GOI NG ON I N THERE FROM EVERYONE. YOU' LL HEAR FROM
22 EVERYONE WHO TESTI FI ES AT TRI AL. HI S CHI LDREN, WHO SAW
23 HI M EVERY DAY, DI DN' T KNOWHE WAS USI NG PROPOFOL. THEY
24 COULDN' T. HE WAS BACK THERE I N A LOCKED BEDROOM. I T
25 WAS LOCKED OFF I N TWO PLACES. NO ONE WAS GI VEN
26 ADMI TTANCE. ONLY ONE ALLOWED THERE WAS DR. CONRAD
27 MURRAY.
28 AND HI S MOTHER DI DN' T KNOW, HI S FAMI LY DI DN' T
866 299-5127
2231
1 KNOW, KENNY ORTEGA DI DN' T KNOW, TRAVI S PAYNE DI DN' T
2 KNOW. NO WAY THEY HAD KNOWN. AND THE EVI DENCE WI LL
3 SHOWI N APRI L AND MAY OF 2009, MI CHAEL J ACKSON WAS
4 SHOWI NG UP AT REHEARSALS, ENGAGI NG, EVERYTHI NG THAT I ' VE
5 ALREADY TOLD YOU, WHI LE AT THE SAME TI ME THI S WAS GOI NG
6 ON I N THE PRI VACY OF HI S HOME.
7 AND THE EVI DENCE WI LL SHOWYOU THERE WAS NO WAY
8 A. E. G. LI VE COULD HAVE FOUND OUT WHAT WAS GOI NG ON. AND
9 I T' S I MPORTANT, AS I SAI D, THERE' S NO WAY THEY COULD
10 HAVE FOUND OUT. WHY? THE EVI DENCE WI LL SHOWTHERE' S
11 J UST NO WAY A. E. G. LI VE COULD KNOWWHAT DR. MURRAY WAS
12 DOI NG. HE WAS MI CHAEL J ACKSON' S DOCTOR. HE WAS I N A
13 DOCTOR/ PATI ENT RELATI ONSHI P WI TH MI CHAEL J ACKSON.
14 COULDN' T TELL ANYONE ABOUT THE PROPOFOL USE. MI CHAEL
15 J ACKSON CERTAI NLY COULDN' T. MR. J ACKSON' S BEST SECRET
16 BY FAR.
17 AND I WANT YOU TO WATCH DURI NG THE TRI AL,
18 THI NKI NG TO YOURSELF, HOWCOULD THEY POSSI BLY HAVE
19 KNOWN? AND MORE I MPORTANTLY, THEY DI DN' T KNOW, AND
20 THAT' S WHAT YOU HAVE TO LOOK AT. DI D THEY KNOW? THEY
21 DI DN' T KNOW. NO ONE KNEW, EVER.
22 I N MY FOUR MI NUTES, I ' M GOI NG TO QUI CKLY - - I ' M
23 GOI NG TO TELL YOU J UST A COUPLE OF QUI CK THI NGS.
24 ONE, I WANTED TO REMI ND YOU OF THE FACT THAT
25 MR. PHI LLI PS HAD NEVER WORKED FOR MI CHAEL J ACKSON
26 BEFORE, AND THE LAST TI ME THAT MR. GONGAWARE HAD WORKED
27 WI TH HI M WAS THE " HI STORY" TOUR WHEN MR. J ACKSON SEEMED
28 PERFECTLY HEALTHY, AND THEREFORE, THE I DEA THAT
866 299-5127
2232
1 MR. J ACKSON WAS TAKI NG A DOCTOR WI TH HI M, THERE WAS
2 NOTHI NG REMARKABLE ABOUT THAT; ALL RI GHT? AGAI N, THEY
3 WI LL TELL YOU THAT I N FACT THEY LI KED THE I DEA, A
4 50- YEAR- OLD MAN TAKI NG HI S KI DS' FAMI LY DOCTOR SEEMED
5 GOOD. MORE I MPORTANTLY, THEY' LL TELL YOU, I T WASN' T
6 THEI R CHOI CE. I T WAS MR. J ACKSON' S CHOI CE.
7 GOI NG TO TALK ABOUT THE I DEA THAT THEY BELI EVED
8 EVERYTHI NG WAS GREAT. THERE WAS A PHYSI CAL. PHYSI CAL
9 BEI NG PERFORMED, HE CAME OUT WI TH FLYI NG COLORS, AND HE
10 WAS SHOWI NG UP AT REHEARSALS AND DOI NG GREAT.
11 REHEARSALS HE DI DN' T HAVE TO ATTEND.
12 OTHER THAN THE ONE TI ME ON THE 19TH, THERE
13 NEVER SEEMED TO BE A PROBLEM. MR. J ACKSON ALWAYS SEEMED
14 GREAT.
15 TALKI NG ABOUT ALL THESE I DEAS, WHAT MI GHT HAVE
16 HAPPENED I F THEY LOOKED I NTO DR. CONRAD MURRAY. I T
17 WASN' T FOR THEM TO LOOK I NTO DR. CONRAD MURRAY.
18 SOMEONE COMES I N AND SAYS, HI , THI S I S MY
19 DOCTOR. I T' S YOUR DOCTOR. THAT' S YOUR CHOI CE. I T' S
20 NOT FOR THEM TO CHOOSE TO LOOK I NTO I T. BUT WHAT YOU' LL
21 ALSO SEE I S THEY DI D LOOK I NTO I T. YOU HEARD
22 MR. PHI LLI PS SAYI NG, HE DI DN' T DO A BACKGROUND CHECK.
23 ONE DOESN' T DO A BACKGROUND CHECK ON DOCTORS. AND
24 YOU' LL HEAR TESTI MONY TO THAT. YOU DO A BACKGROUND
25 CHECK OR FI NANCI AL I NFORMATI ON FOR PEOPLE WHO ARE
26 ACCOUNTANTS, AND THI NGS LI KE THAT. THAT' S WHEN YOU DO A
27 BACKGROUND CHECK. YOU DON' T DO I T ON A DOCTOR; ALL
28 RI GHT? I NSTEAD, YOU TALK TO THE PERSON WHO HAS BEEN
866 299-5127
2233
1 THEI R PATI ENT FOR THREE AND A HALF YEARS WHO SAYS, " I
2 WANT HI M. " YOU SEND THEM - - THAT' S WHAT THEY LOOKED
3 I NTO. HE EXPLAI NED HE WAS LI CENSED I N FOUR STATES, AND
4 THAT WAS TRUE; ALL RI GHT?
5 THEY LOOKED AT THE FACTS. ALL OF THOSE, YOU
6 SAWTHAT THERE HAD BEEN TWO COMPLAI NTS. I F THEY LOOKED
7 I NTO THE MEDI CAL BOARDS I N THESE STATES, I F THEY HAD
8 DONE THAT, THEY WOULD HAVE FOUND OUT ABOUT THAT, BECAUSE
9 THERE WERE NO COMPLAI NTS ABOUT MEDI CAL BOARDS. TWI CE HE
10 HAD BEEN SUSPENDED: ONCE FOR NOT RETURNI NG A CALL I N A
11 TI MELY MANNER, I THI NK WHEN HE WAS ON CALL, AND HE
12 DI DN' T DO I T FOR ABOUT AN HOUR. AND THE OTHER TI ME I
13 THI NK WAS BECAUSE HE DI DN' T FI LE SOME PAPERWORK. THAT' S
14 WHAT THEY WOULD HAVE FOUND OUT I F THEY WOULD HAVE DUG.
15 THEY SAY THESE THI NGS, BUT THAT' S WHAT THEY
16 ACTUALLY FOUND OUT. THERE WAS NO HI STORY OF MI SCONDUCT
17 EVER RELATED TO CONRAD MURRAY. NOT ANY OF THE STATES HE
18 WAS LI CENSED I N. NOT I N CALI FORNI A, NOT I N NEVADA, NOT
19 I N HAWAI I , NOT I N TEXAS. THERE' S NOT A SI NGLE MEDI CAL
20 PROBLEM NOTED I N HI S BACKGROUND, EVER, AND THAT' S WHAT
21 THE EVI DENCE WI LL SHOWYOU. AND THE I DEA THAT HE HAD A
22 PROBLEM WI TH PAPERWORK ONE TI ME AND RETURNI NG A CALL,
23 THAT WOULDN' T HAVE SHOWN THEM SOMETHI NG OTHERWI SE.
24 AND I WANT TO SAY SOMETHI NG FURTHER. THE FACT
25 THAT SOMEONE MI GHT HAVE FI NANCI AL PROBLEMS, I WOULD LI KE
26 TO HAVE ANYBODY GO UP AND TELL THEM THE DOCTOR I S
27 SOMEHOWNOT COMPETENT. NO ONE I S GOI NG TO TELL YOU
28 THAT. HE' S A DOCTOR.
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1 THE SAME WAY LI KE A LAWYER, WHEN THEY COME OUT
2 OF SCHOOL, AND OTHER REASONS - - THERE' S LOTS OF REASONS
3 THE PERSON MI GHT HAVE FI NANCI AL PROBLEMS. NOT A REASON
4 THEY' RE NOT A GOOD DOCTOR. AND ALL THE BACKGROUND
5 RECORDS SHOWOTHERWI SE I N TERMS OF DR. CONRAD MURRAY.
6 SO I WOULD QUI CKLY I N CONCLUSI ON TELL YOU THE
7 FOLLOWI NG:
8 NOW, I T' S GOI NG TO BE A WHI LE BEFORE I TALK
9 AGAI N, AND I HOPE I WON' T TALK AS QUI CKLY NEXT TI ME.
10 AND I N THE MEANTI ME, FOR WEEKS AND WEEKS AND WEEKS,
11 YOU' RE GOI NG TO HEAR THE PLAI NTI FFS' CASE.
12 I SHOWED YOU SOMETI MES TODAY WHERE WHAT WAS
13 SAI D WASN' T QUI TE WHAT THE E- MAI L SAI D, WHAT WAS SAI D
14 BEFORE AND AFTER MI GHT BE DI FFERENT, AND THAT MI GHT
15 CONTI NUE.
16 SO I ' M GOI NG TO ASK YOU SOMETHI NG. PLEASE WAI T
17 UNTI L THE END. PLEASE DON' T RUSH TO J UDGMENT UNTI L
18 EVERYTHI NG I S SAI D, AND THERE ARE THI NGS I N PARTI CULAR I
19 WANT TO NOTE FOR YOU.
20 I WANT YOU TO REMEMBER, YOU HEARD ALL THESE
21 THI NGS BY MR. PANI SH, TELLI NG YOU WHAT THE LAWWAS AND
22 WHAT THE STANDARD I S. NO. YOUR HONOR DOES THAT. SHE
23 WI LL TELL YOU WHAT THE LAWI S.
24 REMEMBER, THI S I S A CASE ABOUT NEGLI GENT
25 HI RI NG. I WANT YOU TO LOOK AT THE EVI DENCE AND DECI DE
26 FOR YOURSELF WHETHER DR. CONRAD MURRAY WAS EVER HI RED TO
27 GO ON THE TOUR, AND I F HE WAS, WHO HI RED HI M? WAS I T
28 MI CHAEL J ACKSON, OR WAS I T A. E. G. LI VE?
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1 BUT THEN I WANT YOU TO GO FURTHER. REGARDLESS
2 OF HOWYOU COME OUT I N THAT REGARD, I WANT YOU TO FI ND
3 OUT, ASK YOURSELF, WAS HE HI RED NEGLI GENTLY I N SOME
4 MANNER? WAS HE HI RED, AND I F HE WAS HI RED, WAS I T
5 NEGLI GENT?
6 I WANT YOU TO ALSO ASK YOURSELF WHETHER THERE
7 I S ACTUAL EVI DENCE, NOT THAT THERE WAS A CONTRACT I N THE
8 BMW; OKAY? NOT THAT THERE WAS A CARD AT THE END OF I T.
9 WAS THERE ACTUAL EVI DENCE THAT RANDY PHI LLI PS OR PAUL
10 GONGAWARE OR ANYONE AT A. E. G. LI VE EVER KNEW, OR SHOULD
11 HAVE KNOWN, THAT DR. CONRAD MURRAY WAS HARMI NG MI CHAEL
12 J ACKSON? BECAUSE I THI NK I F YOU LOOK AT THE EVI DENCE,
13 YOU' LL FI ND HE WASN' T.
14 I ALSO WANT YOU TO LOOK CLOSELY AT THE CLAI M
15 FOR MONEY DAMAGES; ALL RI GHT? NOW, WE HAVEN' T TALKED
16 ABOUT DAMAGES, ONE; AND, TWO, BECAUSE I DON' T THI NK
17 THERE ARE ANY. AND WE' LL TALK ABOUT THAT DURI NG THE
18 COURSE OF THE TRI AL.
19 BUT YOU REMEMBER DURI NG VOI R DI RE, THERE WERE A
20 LOT OF QUESTI ONS ABOUT, COULD YOU GI VE A REALLY HUGE
21 AWARD? HOWBI G COULD I T BE? WELL, THERE WAS A
22 STATEMENT HERE THAT SOMEHOWWE HAD PUT FORWARD THE I DEA
23 THEY WERE SEEKI NG $40. 2 BI LLI ON. I WANT TO SHOWYOU THE
24 SLI DE THEY SHOWED YOU, BECAUSE WE DI DN' T PUT THAT
25 FORWARD. WE' RE NOT THE ONES WHO SAI D WHAT THEI R CLAI M
26 WAS.
27 THEY SAI D TWO YEARS AGO THEY MADE A CLAI M, AND
28 SI NCE THEN THEY' VE DI SCOVERED OTHERWI SE. THI S I S THEI R
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1 FI LI NG, NOT OURS ( I NDI CATI NG) . THI S I S SOMETHI NG THEY
2 GAVE US, WHAT WE DEMANDED WAS - - APPROACHI NG HERE J UST
3 TO READ. BAD EYES.
4 MR. PANI SH: I OBJ ECT, YOUR HONOR, THAT' S NOT A
5 FI LI NG.
6 THE COURT: NOT A FI LI NG.
7 MR. PUTNAM: SOMETHI NG THEY PROVI DED TO US;
8 OKAY? AND WE SAI D, WHAT ARE THEI R DAMAGES? WHAT ARE
9 YOU CLAI MI NG? WE HAVE A RI GHT TO ASK, AND THEY TELL US.
10 AND THI S I S WHAT THEY GAVE US FOR EACH OF THE
11 PLAI NTI FFS.
12 ONE I S FOR KATHERI NE J ACKSON; ONE I S FOR
13 MR. MI CHAEL J OSEPH J ACKSON, PRI NCE; ONE I S FOR PARI S
14 J ACKSON, AND ONE I S FOR PRI NCE MI CHAEL, BLANKET. AND
15 EACH ONE YOU' LL SEE I S FOR GENERAL DAMAGES I N EXCESS OF
16 $50 MI LLI ON; FOR SPECI AL DAMAGES, I N EXCESS OF 10
17 MI LLI ON. WE DI DN' T SAY THAT. THEY SAI D THAT. $40. 2
18 BI LLI ON. AND THEY DI DN' T SAY THAT TWO YEARS AGO. THEY
19 SAI D I T I N DECEMBER.
20 AND WHAT I ' LL ALSO THEN TELL YOU, TODAY THAT
21 FI GURE HAS CHANGED. I THI NK I T WAS 14, $15 BI LLI ON. I
22 WROTE I T DOWN.
23 BY ANY ESTI MATI ON, THAT I S STI LL A HUGE, HUGE
24 NUMBER. WE' RE TALKI NG ABOUT BI LLI ONAI RES. I WANT YOU
25 TO LOOK VERY CAREFULLY ABOUT DAMAGES, WHAT THE PROOF I S,
26 I F YOU' LL SEE I F THERE ARE ANY DAMAGES, AND I F THEY CAN
27 BE THAT BI G.
28 AND THEN, FI NALLY, I WANT TO REMI ND YOU OF THE
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1 VERY THI NG THAT I SAI D I N THE VERY BEGI NNI NG OF THI S.
2 REMEMBER WHAT THI S CASE I S ABOUT. THI S CASE I S ABOUT
3 PERSONAL CHOI CES. WHAT WERE THE PERSONAL CHOI CES THAT
4 WERE MADE HERE AS A RESULT. I T' S ALSO ABOUT HI S
5 PERSONAL RESPONSI BI LI TY. PEOPLE HAVE RESPONSI BI LI TY FOR
6 THEI R CHOI CES.
7 THERE' S NO QUESTI ON THAT MI CHAEL J ACKSON' S
8 DEATH WAS A TERRI BLE TRAGEDY. THERE' S NONE. AND I
9 DON' T THI NK ANYONE WOULD SAY OTHERWI SE. FOR HI S FAMI LY,
10 HI S CHI LDREN, AND CERTAI NLY FOR HI S FANS, I T' S HORRI BLE.
11 BUT I BELI EVE THE EVI DENCE WI LL SHOWYOU I T WAS NOT A
12 TRAGEDY OF A. E. G. LI VE' S MAKI NG, AND THAT' S WHAT THE
13 EVI DENCE HAS TO PROVE.
14 PLEASE DON' T COMPOUND THI S TRAGEDY. THI NK
15 ABOUT WHAT THE EVI DENCE I S, AND SEE I F YOU CAN ACTUALLY
16 BLAME PAUL GONGAWARE AND RANDY PHI LLI PS FOR THI S
17 TRAGEDY. I THI NK THE EVI DENCE WI LL SHOWYOU THAT YOU
18 CAN' T.
19 THANK YOU VERY MUCH.
20 THE COURT: OKAY. THANK YOU. I ' M GOI NG TO ASK
21 THE J URORS TO RETURN TOMORROWAT 10: 00 A. M. TO THI S
22 COURTROOM. THE ATTORNEYS, I WANT YOU HERE AT 9: 30,
23 BECAUSE WE' RE GOI NG TO TALK ABOUT THESE J UROR NOTES.
24 I S THAT OKAY, J URORS, I F WE CAN DI SCUSS THE TWO
25 NOTES YOU GAVE ME TOMORROWI N THE MORNI NG? OKAY. SO - -
26 ALTERNATE NO. 2: I ' M SORRY. I DI DN' T HEAR
27 YOU.
28 THE COURT: WHAT I SAI D WAS, I S I T OKAY I F WE
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1 DI SCUSS THE NOTES TOMORROW? THAT' S CHAI DEZ AND TANG
2 WROTE A NOTE. SO TOMORROWAT 10: 00. WE' LL DI SCUSS I T.
3 EVERYBODY NEEDS TO BE BACK AT 10: 00.
4 MR. PUTNAM: AND, YOUR HONOR, GI VEN I T' S THE
5 FI RST DAY, AND THE AMOUNT OF MEDI A ATTENTI ON, DO YOU
6 THI NK I T' S APPROPRI ATE TO READ THE ADMONI TI ON?
7 THE COURT: WELL, I DON' T WANT TO READ THE
8 WHOLE THI NG.
9 I ' M J UST GOI NG TO REMI ND THE J URORS NOT TO
10 DI SCUSS THE CASE WI TH ANYBODY, NOT TO READ ANYTHI NG
11 ABOUT THE CASE. DON' T EVEN DI SCUSS I T WI TH EACH OTHER;
12 OKAY? THAT DI SCUSSI ON OCCURS WAY - - MONTHS AWAY FROM
13 NOWI N THE J URY ROOM; OKAY?
14 ANYBODY HAVE ANY QUESTI ONS OR PROBLEMS WI TH
15 THAT, RAI SE YOUR HAND. OKAY. THANK YOU.
16 GOOD EVENI NG, AND SEE YOU TOMORROWAT 10: 00.
17 AND COUNSEL, 9: 30 TOMORROWFOR YOU.
18
19 ( THE J URY EXI TED THE COURTROOM AT 5: 06 P. M. )
20
21 ( AT 5: 06 P. M. PROCEEDI NGS WERE ADJ OURNED
22 UNTI L APRI L 30, 2013, AT 9: 30 A. M. )
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April 29th 2013 JACKSON V AEGLive Opening Statments

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