Jacksons vs AEG - Day 10 - May 13 2013

Jacksons vs AEG - Day 10 - May 13 2013- Summary

Katherine and Rebbie Jackson are in the courtroom.

Stacy Walker and Travis Payne – witnesses for AEG- are testifying out of order as they will be leaving for Japan for work. 

Stacy Walker Testimony

AEG direct

AEG attorney Bina is doing the direct examination. 

Stacy Walker was the Associate Choreographer for "This Is It" tour. She's choreographer, director. Worked w/ MJ, Gaga, B. Spears, Usher, others. Stacy Walker said she 1st worked w/ MJ in 96 on a 40-minute movie, "Ghost." "He never made a music video, only made movies," Walker said. On the "History" tour, Walker worked about 6 months. She was one of the two girl dancer in The Way You Make Me Feel. "I feel it's my song" (ABC7). Walker had worked as a dancer on Jackson's 40-minute video "Ghost" in the mid-1990s, a job that she said was the big break of her career, and toured with him. (LATimes)

History tour: dancers rehearsed by themselves in LA. Then went to France, rehearsed in a studio at Disneyland. MJ showed up one or two times. Walker didn't remember if MJ had doctor on staff while on History tour. She never saw any signs of drug abuse, saw MJ on stage, amazing! (ABC7)

Walker told the jury Travis Payne was the main choreographer for "This Is It." She thinks she was an independent contractor hired by AEG. Walker said the casting of dancers began in April 2009. She was the associated choreographer, got direction from Payne/Ortega and Michael. (ABC7)

Walker said for the "This is It" tour a lot of choreography was done many years ago. The only new was "Drill" and everyone worked together. Drill" was like a soldier marching dancing, Walker said. "MJ said we can't use guns, since it was not good for the kids," Walker recalled.(ABC7)

Walker said during rehearsals for "This Is It" in April/May 09, MJ was there occasionally, but they were teaching dancers the choreography (ABC7)

During rehearsals at the Forum, MJ was supposed to be there more often, Walker said. Payne worked w/ MJ, she was in charge of dancers.(ABC7)

Walker: "I can remember being frustrated at times, he (MJ) wasn't coming when we were hoping he would." (ABC7)

"I wasn't shocked he wasn't coming, I was irritated, but I wasn't shocked," Walker said, noting that maybe MJ wanted to stay with his kids (ABC7). She said she wasn't "shocked" Jackson was missing rehearsals. "I was irritated he wasn’t coming.”(LATimes)

Walker said she never saw MJ sick. She said he seemed normal to her, he was much thinner, but she never felt he was acting intoxicated. (ABC7)

"He looked much thinner to me than in 97," she said, but she doesn't remember noticing a dramatic difference between April and June of 09. (ABC7) Walker also testified that Jackson was much skinnier than he had been when she had worked with him previously. (LATimes)

Walker: I remember 1 night he excused himself to his room, wasn't feeling well. He didn't say anything, it was a general understanding (ABC7)

Walker remembered MJ wearing jackets/layers but didn't think of him being insanely cold. "Different artists like different temperature." Walker: He wore a lot of jackets, I assumed he was cold but he never said anything. I never saw him shivering. He just wore a lot of jackets (ABC7)

Walker said she attributed Jackson's multilayered wardrobe to a personal preference. She said she recalled one incident in which Jackson may have appeared groggy or drugged, but she said she couldn't remember whether she witnessed or heard about it from others on the show. (AP)

Jessica Bina: Did you ever see MJ drink any alcohol?
Walker: No (ABC7)

"My only concern was that he was really thin and I wish he ate more," Walker recalled. (ABC7)

Walker got emotional when she said she wasn't looking for things that could be wrong w/ MJ at the time. "I wish I was," she said. (ABC7)

Walker said she never saw any of shivering and appeared unprepared, although she acknowledged that her job was to work with other dancers and not Jackson directly. "I wasn't looking for things at the time," she said. "I wish I was." (AP)

When she talked about MJ's last two rehearsals, Walker cried saying he was great. "He was great, I finally saw what I wanted to see." "He was great, very bratty and sassy as he was. He was just a funny guy at times," Walker said. (ABC7)

Walker testified she was frustrated the singer was missing rehearsals but that her concerns were swept away during the last two preparation sessions for his anticipated “This Is It” comeback concerts in London. (LATimes)

“I finally saw what I was looking to see,” said Stacy Walker. (LATimes)

Walker said she called her mom after the rehearsal and asked her to buy a ticket for the opening and she did. "It was great." (ABC7) Walker said she was so encouraged she told her mother to buy a ticket for opening night in London. "I was very excited and relieved and hopeful,” she testified. (LATimes)

Bina: Any doubts he could perform the tour?
Walker: Not after those two nights (June 23 and 24) (ABC7)

She said despite Jackson missing multiple rehearsals, she was convinced based on his performances the last two days of his life that he was ready for the series of shows.(AP)

On Jun 25, Walker was rehearsing Michael's disappearing act. She said Payne called saying he heard on the radio MJ was in the hospital. Walker: "I remember telling them don't worry, everything will be fine. I didn't believe, I thought that everything was going to be ok." (ABC7)

Bina: when you heard MJ passed away, were you surprised? 
Walker: Yes, it was shocking, 12 hours ago he did "Beat It" and "Thriller" (ABC7)

When asked if Walker was familiar with the name Dr. Conrad Murray, she said yes, but she never met him or knew who he was prior to June 25. (ABC7)

Travis Payne had a loving, trusting relationship with MJ, Walker testified. Payne would go over to MJ's house around 1PM PT to work (AP) Walker was associate choreographer on "This Is It," working mainly with the dancers. Choreographer Travis Payne, she said, would often rehearse with Jackson in another room or at his rented mansion. (LATimes)

Walker said she felt MJ was more open this time around. In "Ghost" she said they didn't talk at all, but that he was so nice to everybody. Walker said she remembers telling MJ about McDonald's -- he had never been and she told him he had to go. (ABC7)

Regarding the "This Is It" tour, Walker doesn't know if MJ was excited. "He always seemed happy, he liked to watch the dancers dance" (ABC7)

Walker said MJ was the nicest person ever, they were not friends. "Guarded is a strong word, he let people see Michael Jackson, not Michael" (ABC7)

"I just never in a million years thought he'd leave us," Walker said crying. "I was frustrated but never thought that would happen" (ABC7) Walker: "I just never in a million years thought he would leave us, or pass away. It just never crossed my mind." (AP)

Walker didn't remember MJ having cold/stomach flu. "I've seen people that were drunk or high and he didn't appear to be that way" (ABC7)

Jackson cross



Planitffs attorney Kevin Boyle did the cross examination. Boyle asked Walker if her job was to focus on dancers and not MJ. She said yes.

Boyle: And it wasn't your job to look if MJ was sick? 
Walker: It was not (ABC7)

She also agreed that it wasn't her job 2 supervise Dr. Murray or observe MJ's health. Walker didn't have info if Dr. Murray gave MJ Propofol (ABC7)

Walker: I was relieved because he was there, he was going full out. Last 2 rehearsals it was the first time we saw everything come together (ABC7)

Boyle plays clip of film "Ghost". Walker said MJ was pretty impressive, played 5 different roles. "Probably one of the hardest jobs I had." "He was a huge risk taker, was very innovative as a dancer and choreographer," Walker opined, saying he was an excellent dancer, confident (ABC7)

Walker said MJ and her were not friends, they had a work relationship. Walker never went to his house, had dinner or social interaction. MJ never told Walker about his health, never discussed Propofol use since they didn't talk about that stuff. (ABC7)

Boyle: Did you ever see MJ covered in blankets watching rehearsal with heaters? 
Walker: I never saw heaters or blankets (ABC7)

Walker heard MJ had problems with prescription drugs from the press. She also heard about the sleeping problems. Walker said she knew Ortega kept on Michael about eating and thinks they had a massage therapist come in for him.(ABC7)

"I've seen other artists bring chefs, masseuses, trainers sometimes," Walker said. The idea of bringing a doctor on tour didn't surprise her (ABC7)

Walker: MJ didn't want to change the choreography, it wasn't broken, so why change it? She thought it was going to be a great show. (ABC7)

“Did Mr. Phillips ever tell you he instructed Mr. Gongaware in writing to take out footage that (made Jackson) look like a skeleton?” lawyer Kevin Boyle asked choreographer Stacy Walker.

“He didn’t tell me that,” Walker replied. (NYDailyNews)



Christopher Rogers Testimony 



Jackson direct

Dr. Christopher Rogers, a deputy medical examiner, began testifying last week, but was interrupted to take other witnesses.(AP)

Rogers testifies that he found no conditions during Michael Jackson’s autopsy that would affect his long-term survival.(AP) Death was not due to trauma and was not caused by natural disease. "He died of acute Propofol toxicity," Dr. Rogers said.(ABC7)

Koskoff: did you find any factors that could impact MJ's long-term survival?
Dr. Rogers: From the autopsy, no I did not.(ABC7)

AEG cross

AEG lawyer Kathryn Cahan did the bulk of the afternoon questioning of Rogers. She focused on prescription drug aspect of Jackson’s death. In response to a Cahan question, Rogers says Jackson’s death was considered a polypharmacy death. That means it involved multiple drugs. Rogers noted that propofol was the main drug that killed Jackson, but told jury that other drugs (benzodiazepines) were present. (AP)

Dr. Rogers said MJ's doctor, Dr. Murray, made a statement to the police saying MJ wasn't breathing but he felt a faint pulse.(ABC7)

Cahan also asked Dr. Rogers whether he knew about other doctors treating Jackson before his death. Rogers says yes. Rogers says he became aware that dermatologist Arnold Klein was treating Jackson.(AP) Dr. Rogers said he was uncertain who MJ's primary physician was, he understood he was seeing several doctors.(ABC7)

Cahan also asked whether he ever concluded that any other doctors contributed to Jackson’s death. “I don’t believe so,” Roger said. (AP) (Note: there have been conflicting reports about this AP say they checked the transcripts and their version is correct).

Cahan also asks about Jackson’s weight at the time of his death. He weighed 136 pounds, with a Body Mass Index of 20.1, Rogers tells jury. Rogers testified that Michael Jackson’s Body Mass Index was within the normal range. A BMI figure below 18.5 would be underweight. (AP) At the autopsy, Dr. Rogers said MJ weighed 136 lbs, was 5'9. His body mass index was 20.1, which is within the range of normal weight. (ABC7)

“He looked thin in comparison to most people,” Rogers said. He says Jackson did not appear emaciated. Says singer didn't appear emaciated. Dr. Rogers said Jackson’s body didn’t have characteristics of someone who starved to death. Rogers said Jackson’s health appeared excellent. (AP) "He looked thin in comparison to most people," Dr. Rogers said. MJ didnt look one who died from starvation or anorexia. (ABC7)

Roges testified that Jackson was not underweight when he died and appeared to be in excellent health. Despite testimony from some witnesses that Jackson appeared emaciated, Dr. Christopher Rogers said the singer did not bear the signs of someone who was starving when he died.(AP)

Cahan: Did you rule out starvation as possible Mr. Jackson's cause of death?
Dr. Rogers: Yes (ABC7)

Cahan: Was his general health excellent?
Dr. Rogers: As far as the autopsy goes, yes(ABC7)

There was more testimony about the condition of Jackson’s lungs, which were damaged in a way that might lead to pneumonia or other problems.(AP) Autopsy report: MJ had lung damage, which wasn't cause of death but made this individual especially susceptible to adverse health effects.(ABC7)

Dr. Rogers said MJ had a bit of degeneration of the lower thoracic spine, degenerative osteoarthritis of lower lumbar. Not sure how painful(ABC7)

Rogers testified he was interested in role of prescription drugs in Jackson’s death based on finding propofol and other meds at the scene.(AP) Dr. Rogers said he had some concerns about drug abuse due to the investigator's report listing all the medications found at the house. Dr. Rogers said he didn't find any opiates, opioids, Demerol in MJ's body. He had 1 other case of Propofol overdose, person in medical field (ABC7). Dr. Rogers testified that propofol shouldn’t be given in a home setting, and when someone is sedated they need to be continuously monitored. Rogers said he’s only worked one other propofol overdose case. That person was a medical professional, he said. (AP) He also said that Jackson was only the second coroner’s case he had worked on in which the person had died of propofol toxicity. The other person worked in the medical field, he said. (LATimes)

Propofol, he said, “caused his death by sedation. “Essentially, he was so sedated his vital functions stopped.”(LAtimes)

Jackson re-direct

Plaintiff’s attorney Michael Koskoff asks Rogers about whether hospital treatments might have added weight to Jackson’s body. Koskoff doesn’t state how much weight might have been added to Jackson based on IV treatments by paramedics, hospital staff. (AP) under questioning by Jackson attorney Michael Koskoff, Rogers said that by the time the pop star was weighed, intravenous fluids had been administered to him in the ambulance and at Ronald Reagan UCLA Medical Center, which could have increased his weight. (LATimes)

Rogers did say that Jackson’s body had some fat, but that most of his weight appeared to be in the singer’s muscles.(AP) Rogers testified that Jackson didn’t have much fat on him. (LAtimes)

"I don't know what his normal weight would be," Dr. Rogers expressed. He said MJ didn't have a great deal of fat, but there was some(ABC7)

Rogers testified that Jackson’s organs didn’t show any sign of lasting damage. With that, he’s done testifying.(AP)



Travis Payne Testimony

AEG direct

Travis Payne took the witness stand and began explaining his experience. (AP) Payne worked with Paula Abdul, Brandy, Diana Ross, Mick Jagger, Marilyn Manson, MJ, among others.(ABC7)

He tells the jury about working on tours, music videos, video games. Travis Payne worked on the “Michael Jackson Experience” video game. In the game, he taught players Jackson’s dance moves. Payne first worked with Jackson on the “Remember the Time” film/music video. He was a dancer in the film. Many witnesses have told jury that Jackson called his music videos films. Jackson treated them more like films than videos, they’ve said. He then worked as a dancer and choreographer on Jackson’s “Dangerous” tour. By that point, he’d developed a rapport with Jackson. He helped choreograph moves for Jackson’s song “Dangerous” and “Jam” on the “Dangerous” tour, Payne testified. Payne says it was goal since being a child to be a dancer and work with Michael Jackson. The “Dangerous” tour was realization of that dream. “On the “Dangerous” tour at that tour, I was really very ecstatic. I was working with my idol,” choreographer Travis Payne, on Jackson.(AP) During "Dangerous" relationship with MJ grew. Payne said all he knew pain was an ongoing issue for MJ since the Pepsi commercial accident (ABC7)

Payne worked with MJ in "Ghost" in 1995/96, then "History" tour, other tv shows and commercials and culminated with "This Is It."(ABC7)

On the “HIStory” tour, Payne said Jackson rehearsed both with and without his backup dancers.(AP) Rehearsals for "History" tour was very extensive, Payne said. He was involved w/ selecting dancers, ideas for costumes and whatever needed. Payne said MJ rehearsed with the dancers and separately. Dancers would get up to speed in the beginning, MJ was good at giving space 2 learn (AbC7)

Travis Payne also worked with Jackson on “One Night Only” show that was canceled after incident in which Jackson fainted on stage. (AP) Payne worked with MJ in the "One Night Only" show, one time performance by MJ and dancers in New York. The show never happened. Payne: Michael had an incident, appeared to faint, we were asked to leave the theater and were told later the show was not going to happen(ABC7)

Payne worked privately with Jackson on “This Is It” rehearsals. He says he didn’t see any signs of drug abuse by Jackson at this time. (AP)

Payne says dermatologist Dr. Arnold Klein and nurse Debbie Rowe were only medical professionals of Jackson’s that he met.(AP) Payne said he knew there were physicians tending to MJ, only ones Payne personally met were Dr. Klein and Debbie Rowe. (ABC7)

The choreographer also testifies that he never saw Jackson drink alcohol or take any medications. He says he saw no signs of addiction.(AP) Payne said he never saw MJ take drugs, medication or alcohol. "Nothing." (ABC7)

Payne said he worked with Kenny Ortega for many years. Payne and Ortega were in Vegas when MJ called Ortega asking to work in new project. Payne didn't personally meet with MJ until after the press conference announcement. He said he was excited to work with him again. (ABC7)

After mid-afternoon break, Payne resumed testifying about how he came to work with Jackson on “This Is It” preparations. “I believe he missed performing. I believe he missed direct contact with his fans,” Travis Payne says about why Jackson wanted to tour. (AP) 

Payne said he knew MJ was excited about the tour and his children, to share this experience with them. Payne met w/ MJ in late March/2009.(ABC7)

"He looked fine to me health wise, I thought he was thinner from what I have seen him in the past, but nothing alarming," Payne recalled.(ABC7)

Payne said he found out that his role would not include dancing, he would choreograph and would be the associate director in "This Is It"(ABC7) Travis Payne served as an associate director for the “This Is It” shows. He wouldn't be dancing in the concerts, he said. Payne testified “This Is It” would be different from Jackson’s previous tours. AEG would be a partner, not a sponsor. The choreographer said Jackson explained to him that having AEG would be a good thing for the “This Is It” shows. (AP) "This is It" was a partnership with AEG. Payne said this new way of doing business would revolutionize the way tours were done.(ABC7)

Payne attended an April meeting at Michael Jackson’s home. Said he saw no signs of impairment, drug abuse by the singer.(AP) 

Payne, who rehearsed one-on-one with Jackson and helped craft the creative vision for the show, said he never saw signs that Jackson was ill or impaired in early preparations."I thought he was thinner than he was in the past, but I didn't have any reason to be alarmed," Payne said. (AP)

Payne also testified that Jackson was involved in almost every detail of his scheduled shows, such as costume, wardrobe and set design, choosing the dancers and the bandleader. (LATimes) Payne: Everything started with Mr. Jackson, always. As his support team, we would contribute with ideas. MJ had the final word.(ABC7)

They auditioned 5,000 dancers, MJ chose the final ones. Payne said MJ chose the band director also.(ABC7)

Payne spent several minutes describing details of the “This Is It” show, including a torch and costume that would light up. Jackson wanted a torch in the Italian Baroque design. Actually, he wanted two, in case one broke, Payne tells jury. Payne also shown an email in which he described a costume for “Billie Jean” in which the clothing material would light up. When Payne was describing the illuminated “Billie Jean” costume, he looked out into the audience and nodded at Katherine Jackson. (AP) Bina shows an email Payne wrote. It said MJ was very persistent about having a torch, a concept that meant a lot to Michael.(ABC7)

Payne was then asked about his one-on-one rehearsals with Jackson at the singer’s home. These were scheduled for 5 days a week.(AP) Payne said they started rehearsing after the press conference, and stopped the day before MJ died. He spoke with MJ every day. MJ told Payne he expected him to be in every show. He wanted Payne to take notes to make sure show was as perfect as possible. "Customarily, we would see each other every day," Payne said. Rehearsal with MJ was scheduled five days a week.(ABC7)

He also ate lunch with Jackson on many days. He said MJ’s appetite depended on the day. (AP &ABC7) Payne, however, worked with Jackson individually almost every day for the last three months of the singer's life. He ate lunches with Jackson, saying the star's appetite varied daily. (AP) The choreographer said that on most days he would rehearse with Jackson at the singer’s rented Holmby Hills mansion for several hours, but as show time approached, he missed some rehearsals with the full crews, causing “production” to worry whether he would be ready.(LAtimes)

Payne said MJ's dancing seemed fine to him. He said they were working on things created decades before to make them age appropriate, dynamic (ABC7) MJ was able to perform many of his familiar dance moves, although they had to be modified because the singer was 50 years old and not as limber as he had been decades earlier. He said Jackson was tired for some of the sessions and that "some days would be better than others." (AP) Payne and associate choreographer Stacy Walker said they were working to modify Jackson’s dance routine to his age. “I was realizing that’s Michael Jackson, but he’s not 20 or 30 any more,” Walker testified, “he’s 50 and how is that going to be? We have to figure it out.” (LATimes)

"Drill" was the last thing they worked together, Payne said. Michael had a great love for military precision. (ABC7)

"He seemed very tired, we all were," Payne said.(ABC7)

Payne testified that production wanted MJ to be more in attendance with all the cast, rather than just MJ rehearsing by himself at his house. Payne: because there was inconsistency with MJ appearing at the rehearsal, production was concerned they would not meet their goals.(ABC7)

AEG attorney Jessica Stebbins Bina asked Payne whether he thought Jackson could have finished “This Is It” show. Payne said yes.(AP)

Payne said Jackson’s goal was to sing every song in “This Is It” live. Jackson had used vocal-assist tracks on previous shows, he said.(AP) Travis Payne said Michael Jackson told him that on the “This Is It” concerts, he wanted to sing all the vocals live, “which he had not done in the past on every tour…. This was a goal he set for himself.”(LATimes) "MJ told me he wanted to sing all the songs live," Payne said. "He had not done that in the past." Some songs were vocalist tracked 2 assist. By June 25, Payne said MJ had not developed the goal of singing and dancing at the same time.(ABC7)

Payne said that Jackson had never performed a complete show with just his live vocals.He said Jackson had not reached his goal by the time he died June 25, 2009, but the choreographer thought he could have pulled it off. (LAtimes) 

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Payne will continue to testify

After jurors left, Judge Palazuelos said she sustained plaintiffs objection and will not allow defense to use Dr. Murray's intvw w/ LAPD. In it, Dr. Murray said he was hired by MJ to be paid by AEG. Plaintiffs said it's hearsay and judge agreed.