Jacksons vs AEG - Day 4 – May 2 2013 – Summary
Katherine and Rebbie Jackson were at court today.
AEG attorney opposed to Rebbie’s presence as she might be a witness (LATimes). Judge Yvette Palazuelos had ordered that only one Jackson family member accompany Katherine Jackson. AEG wanted it to be Randy every day (ABC7). Judge ruled Rebbie could stay. "I think Mrs. Jackson should have at least 1 support person in the courtroom.” (LATimes)
LAPD Detective Orlando Martinez Testimony (continued)
Jackson direct(continued)
Jackson’s lawyer Panish continued to go over Murray’s credit records. It showed Murray was behind his mortgage (ABC7)
Martinez said he got Dr. Murray's credit reports from Experian and Equifax, but not Transunion, since they didn't accept the subpoena.(ABC7)
Voicemail of Frank Dileo that he left to Murray 5 days before Michael died had been played in the courtroom (AP).
Panish played a voicemail Frank DiLeo left to Dr. Murray on June 20, 2009: "I'm sure you're aware he had an episode last night. He's sick". Also in the voicemail, left on June 20, 09 DiLeo told Dr. Murray he thought MJ needed to get a blood test done to see what was wrong (ABC7)
Phone message to Murray left by Jackson’s manager Frank DiLeo on June 20, 2009.
“I’m sure you’re aware he had an episode last night. He’s sick. Today’s Saturday, tomorrow I’m on my way back. I’m not gonna continue my trip. Uh, I think you need -- I think you need to get a blood test on him today. I -- I -- we gotta see what he’s doing. All right. Thank you.” (LATimes)
Jackson lawyer Panish said he believed that DiLeo had spoken with an AEG executive just prior to making the phone call. (LATimes)
Next Panish showed some documents Martinez retrieved describing that Dr. Murray had lost his privilege at some hospitals. (ABC7)
Panish finish direct examination by getting Martinez to say, one more time, that he thought Dr. Murray was in dire financial straits in 09 (ABC7)
AEG cross
AEG lawyer Putnam is doing the cross of Detective Martinez.
Detectives Dan Meyers and Scott Smith partnered with Martinez. They investigate Dr. Murray in connection with the criminal matter.(ABC7)
As a police officer, Putnam asked Martinez if he had special privileges to do searches. Martinez said private investigators can do it too (ABC7)
Putnam: If I wanted to look up your credit, will I need your permission?
Martinez: I think so (ABC7)
Putnam: there are limits as to what civilians can do in terms of search, like DMV search?
Martinez: I believe so(ABC7)
Putnam asked Martinez if searching someone's credit without consent is a crime
Putnam: it would be a crime?
Martinez: It's a misdemeanor (ABC7)
As to looking for Dr. Conrad Murray at UCLA, Martinez said: "when I sent the other two detectives to go find him, he was gone." (ABC7)
Putnam asked why Martinez wanted to talk to Dr. Murray: "To get straight from the horses's mouth what happened." (ABC7)
Panish: Were you suspicious of Dr. Murray?
Martinez: Yes, if it was medical emergency/natural death why would he be refusing 2 speak w/ us (ABC7)
Investigators attempted to reach Murray but the doctor did not answer his phone or return calls, which seemed suspicious, Martinez said.(LATimes)
“If it was a medical emergency or a natural death, why would he be refusing to speak with us? Why would he leave the hospital after he was asked to stay? Why would he not go back to pick up his car?” Martinez said (LATimes)
“Why would he be refusing to speak with us? Why would he leave the hospital after he was asked to stay?" Martinez on Murray (LATimes)
Martinez said they knew where Dr. Murray was, but he was not answering police calls. "We knew where he was, we were tracking his cell phone"(ABC7)
Murray was tracked through his cellphone and found in Santa Monica. Detectives interviewed him two days after Jackson’s death. (LATimes) When interviewed Murray told Martinez he had spoken with AEG's people while at UCLA. (ABC7)
Putnam asked about all the times Martinez went to MJ's house over the months after MJ's death. Martinez confirmed he was there several times(ABC7)
Judge Palazuelos asked Martinez if the police had secured MJ's property. Martinez said MJ's house was secured from 2:30 pm PT until about midnight on the day MJ died. After midnight, the scene was not secured. After midnight, Martinez said, MJ's house was only secured by MJ's security team and family members could come and go freely. (ABC7)
Putnam showed Martinez picture of the front door of MJ's house. The detective identified the entrance as the one he used to enter the property. Martinez said the house has 3 levels: 1st, 2nd, basement w/ movie theater, exercise room, wine cellar; all very clean and organized. (ABC7) Although the foyer of the Holmby Hills home was pristine — a lavish, open space with ornate gold frames — and the dining room boasted flowing white curtains around giant windows that allowed in streaming sunlight, the second floor presented a scene that was radically different (LATimes) Although the entryway was immaculate, the second floor — where Jackson had been found by paramedics earlier that morning — was a deep contrast.(LATimes)
Next picture showed the second floor's master bedroom -- it was MJ’s master bedroom, but not the one he received treatment. There were a lot of papers on the floor, master bedroom was very messy. (ABC7) the master bedroom on the second floor was in disarray (LATimes) Jurors were shown photographs Thursday of messy, clothes-strewn second-floor bedroom (LATimes) Martinez said curtains were pulled and fireplace was on. (ABC7 & LATimes) When Martinez walked into the upstairs master bedroom,, he found the gas fireplace was burning, the television was on and music coming from the CD player. (CNN)
Pictures of master bedroom showed papers on the floor, clothes hung, books piled, moving boxes. Hall to the closet covered with clothes. One of the many closets in the master bedroom was very disorganized, clothes and boxes all over the place, on the floor. Complete mess. Pictures showed the master bathroom also messy, clothes everywhere, boxes with stuff, shopping bags. (ABC7)
A portable rack was jammed with hangers of clothing. More clothes were strewn about the room, including on the rumpled bedspread. On a desk were stacks of what appeared to be DVDs and papers. Books lay in piles on the floor. Lining the hallway floor that led from the bedroom to the master closet and a bathroom were piles of clothes. Inside the closet was a globe, shopping bags, a dress form with a red coat trimmed in black, and cardboard boxes that overflowed with even more clothes. Papers were strewn about the star’s bathroom, which had another cardboard box stuffed with clothing. Bags and towels lay scattered about. Inside the inlaid marble bathtub were additional towels. Nearby sat fancy glass bottles filled with liquids.(LATimes)
Martinez said the room seemed messy but it didn't seem out of the ordinary. It was night and day compared to the rooms downstairs, he opined(ABC7)
On the 26th, Martinez got a search warrant to search the house since he had obtained more information in the investigation. (ABC7)
Martinez said that when he arrived, Jackson’s children and his brother Randy were at the home. He also saw three cars, including Murray’s BMW. (LATimes)
A search warrant and affidavit said that no adults besides Jackson were known to live at the location and that the staff was only allowed to be present on the ground floor. Martinez testified that the chef was allowed to leave food outside a door upstairs. (LATimes)
Search warrant: ...his staff was allowed to be present on the ground floor. No staff was allowed on the top floors. A chef, Kai Chase, was allowed to go upstairs to drop food off outside the door. (ABC7)
Search warrant: During the course of the investigation, family members notified coroner that they had located luggage on the second floor (ABC7)
Dr. Murray's attorneys called police for interview; lasted 2 1/2 hrs. Martinez said he learned facts that led him to believe this was criminal. Martinez said LAPD doesn't name people as suspects, but "It was common knowledge he (Dr. Murray) was a suspect." (ABC7)
Based on information Murray provided, detectives obtained a search warrant and went back to Jackson’s rented Holmby Hills mansion on June 29 and looked for some medical bags the doctor said were kept on a closet shelf in the singer’s bedroom, Martinez said.(CNS)
“This is (where) all that propofol (was), correct?,” Putnam asked. “Yes,” Martinez said. (CNS)
Martinez said he first noticed the drug Propofol when he found a vial in Jackson's room. (ABC7) The detective said he had previously found a bottle of propofol lying on the floor near Jackson’s bed. Asked by Putnam if he knew anything about propofol at the time, Martinez replied affirmatively and added, “My next-door neighbor is a doctor.”(CNS) Martinez' neighbor is a doctor, he asked for help (ABC7)
Martinez said he believes Dr. Murray's first orders of Propofol were in March 2009. They were shipped from Las Vegas to Santa Monica. Putnam asked Martinez about the medical equipments found at MJ's house: oxygen tanks, IV stand, ambu bag. "It was rented by Dr. Murray". Dr. Murray was the person who paid for the items, Martinez said. Dr. Murray also paid for all the Propofol orders. (ABC7)
Martinez said he first interviewed Katherine Jackson at the hospital. But six months later, he decided to go back to her and check out “some things regarding family meetings about addiction.” (AP) Martinez: Family had attempted several interventions, spoken with other sons about his possible problems with drugs. Martinez said he wrote that the family tried numerous interventions, but didn't know exactly how many. (ABC7)
Martinez has testified that Katherine Jackson told him the family had tried drug interventions for MJ, believing he was addicted to painkillers (AP).
Martinez: “Mrs. Jackson said the family tried to help him but he would have nothing to do with it,” Martinez said. “She had asked Michael if he was taking any drugs, and he denied it.”
Putnam: “What did Mrs. Jackson tell you?”
Martinez: “The family attempted several interventions. She had talked to her son about drugs herself. She said the efforts produced no results because he denied having a problem” (AP)
But Katherine Jackson said her son refused any help, saying he didn't have a drug problem.
Putnam: Do you remember what Mrs. Jackson told you MJ said?
Martinez: That he denied having a problem (ABC7)
Martinez: "Mrs. Jackson stated the family attempted several times to help Michael, however he would have nothing to do with it." (ABC7)
Martinez said Mrs. Jackson thought MJ was taking drugs for back pain. The Detective thought his addition was to painkillers. (ABC7)
Martinez said Katherine Jackson told him she believed her son was taking medicine for back pain and might have become addicted. (AP)
Martinez wrote in a doc that Mrs. Jackson saw Dr. Murray at UCLA for the 1st time. She said she didn't know who he was until Michael's death (ABC7) She told him she had never met nor known about Dr. Conrad Murray until her son died. (LATimes) When asked if Mrs. Jackson had ever met Dr. Murray she stated that she had not and didn’t even know who he was until after Michael’s death.” (WENN)
AEG, also verified that Martinez wrote the following summary about that discussion:
“Mrs. Jackson stated that she last spoke with Michael at his residence on Carolwood approximately one and a half weeks prior to his death. When asked if Mrs. Jackson had ever met Dr. Murray she stated that she had not and didn’t even know who he was until after Michael’s death. “Mrs. Jackson was asked if she or any other family members ever attempted to do an intervention with Michael as it relates to painkillers or any other drugs. She stated that there had been one attempted intervention at Neverland on behalf of Janet, however Michael didn’t want to participate. “Mrs. Jackson stated that she had been informed Michael had been taking drugs, however she had no idea which drugs, and she had never seen Michael take any drugs. Mrs. Jackson stated that the family attempted several times to help Michael however he would have nothing to do with it. She further stated that she had asked Michael if he was taking any drugs and Michael denied it.“When asked if Michael had any chronic medical conditions that she was aware of, Mrs. Jackson stated that he had problems sleeping and that his back frequently bothered him. She stated she thought the back pain was a result of falling off of a stage during a performance.” (LATimes)
Martinez did not interview Michael's children. Another detective did, but they chose not to get into the drug abuse line of questioning. (ABC7) Martinez said he also interviewed Jackson’s son Prince at the hospital. But his handwritten notes of that interview were not allowed in evidence because the interview was not recorded. (AP).
Putnam countered plaintiffs several documents highlighting Dr. Murray's financial distress by saying all the liens belonged to one house.
Putnam asked if Martinez knew if Dr. Murray's license to practice medicine had been suspended before June 25, 2009? He said no.
Putnam: Did Dr. Murray's debts excuse him in anyway for what he did? Martinez: No
Putnam asked Martinez if Dr. Murray being in financial trouble made him a suspect? He said no, it was the totality of the evidence (ABC7)
Jackson re-direct
Panish said Dr. Murray's hospital privileges were suspended because he was late returning phone call while on duty & lack of record keeping (ABC7)
Panish accused AEG of implying Murray was a great doctor. "But that's not true, you found out that he had killed someone else" Panish asked. Putnam objected and Panish rephrased the statement, saying Martinez found out Dr. Murray was sued for wrongful death of another patient (ABC7)
(Note: This could be the other patient they are talking about: http://www.tmz.com/2011/02/15/dr-con...rongful-death/)
About seeing Mrs. Jackson and the kids at UCLA:
Martinez: distraught
Panish: Upset?
Martinez: Very (ABC7)
Martinez said Katherine Jackson did not have attorneys present when he interviewed her. She was cooperative and forthcoming. (ABC7)
Panish : “Is there anywhere in the penal code that says if you have a messy room that’s against the law?” (LATimes) Martinez laughed and said no.(ABC7)
As to the moving boxes, Panish asked Martinez if he knew MJ was planning to go to England the first week of July. He said yes. (ABC7)
Panish: "You've come across scenes that had a messy room?"
Martinez: "Yes."
Panish: "And that's an indication that someone is not doing well, that their health is bad and they can't clean the room?"
Martinez: "Yes."
Panish: "There were moving boxes in the room?"
Martinez: "Yes."
Panish: "Did you know he was planning to go to England? Within a week or two he was leaving that residence?"
Martinez: "Yes." (CNN)
Panish: have you changed your mind?
Martinez: Did not change my mind that Dr. Murray's financial distress was the reason for his actions.(ABC7)
AEG re-cross
Putnam asked if anyone at AEG ever refused to speak with police or produce documents, and Martinez said no. They gave police one email (ABC7)
Putnam noted that the person who died under Dr. Murray's care died of natural causes and no lawsuit was filed. Marinez said he was wrong.(ABC7)
Putnam asked Martinez what was his suspicion. For that amount of money he wondered if Murray would bend rules to be the 1 getting the money (ABC7)
Putnam: the suspicion wasn't about the source of that money, AEG Live?
Martinez: It didn't matter to our investigation (ABC7)
Jackson re-direct
"Did you change your mind that his financial problems were the motive 4 what he did to bend the rules?" Panish asked. "No," Martinez replied (ABC7)
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Martinez was excused subject to recall in case defendants want to put him on the stand again. (ABC7)
No court tomorrow Friday May 3, 2013. Jacksons told the judge toxicologist Mr. Anderson and coroner Dr. Rogers are expected to testify on Monday.(ABC7)