Jacksons vs AEG - Day 12 – May 16 2013 – Summary
Motions
There was a motions hearing during the morning session about Frank Dileo emails and Conrad Murray’s police interview.
Jacksons is trying to get Frank Dileo’s emails. Jacksons believe there may be discussions between DiLeo and AEG about MJ/his health (ABC7). David Regoli, a lawyer for Mrs. Dileo, said Mrs. DiLeo asked him to review the subpoena by Katherine Jackson's attorney, go thru the emails and produce anything relevant to the parties. Media (AP) also reported that the same law firm represented Dileo family in regards to the subpoena but they no longer represent Mrs. Dileo.
Jackson's attorneys want to make sure AEG turned over all the email conversations AEG had with everyone about MJ. If it's proven they didn't, it could be a problem for AEG's attorney. Everyone is on standby. (ABC7)
Judge ruled that Murray’s June 27 LAPD interview is considered hearsay and it can’t be presented to the jury. Judge said Murray’s statement might be admissible if the former doctor testified in court.
Julie Hollander Testimony
Jackson Direct
In the afternoon session Julie Hollander, AEG's VP of Controller and Event Operation, has testified. She has been called as an adverse witness by Jacksons. (ABC7)
First part of her testimony was explaining who hired her (Timm Wooley) and what a CEO/CFO does. She works for AEG Live, under AEG.(ABC7)
Hollander said that in 2009 Wooley was more than just a tour accountant. Wooley came back to work in the "This Is It" tour. (ABC7)
Hollander says she reports directly to the CFO. She is in charge of financial report and accounting for the events produced by AEG Live (ABC7)
Hollander said she was responsible for overseeing 'the books' (accounting term) for anything related to the project "This Is It." "I'm responsible for making sure the books are maintained for the tours," Hollander described. The book is an electronic accounting system. (ABC7)
Hollander was responsible for the financial/accounting for "This Is It" tour. She estimated she worked on about 20 tours --several concerts. Hollander said she didn't prepare the budgets for TII tour. Wooley did. (ABC7) Hollander was responsible for overseeing the books and the general ledger of all transactions related to “This Is It,” but said it was AEG executive Timm Woolley who actually created and managed the budget and made sure people got paid. (LATimes)
She reported the budget primarily to Paul Gongaware. Hollander said budget was the costs expected to incur in the tour with developing the shows, taking show on the road, getting gear to London. Other budgeted costs: traveling for people involved, housing for some people involved and insurance. (ABC7)
Hollander said the company had a policy manual saying payment would be predicated upon the execution of the contract. “We had situations where contracts were signed later," Hollander said. "Due to abrupt end of the tour the contracts were being negotiated." (ABC7) She said, however, that there were situations where contracts were signed after Jackson’s death because “due to the abrupt end of the tour, deals were renegotiated.” (LATimes)
Hollander: "My role was to execute payments pursuing to executed contracts." (ABC7)
Hollander: "My understating was that Dr. Murray was part of the budget, is listed on the budget for the tour at the request of the artist." (ABC7)
She agreed she saw Dr. Murray's contract, but says it was un-executed, since it was not signed by all parties. (ABC7)
Panish: you don't know whether Dr. Murray was performing services for MJ?
Hollander: I don't know, I can't say for sure, not me, personally (ABC7)
Woolley advised her that Murray was “engaged at the request of the artist,” Hollander said, and added that the budgets were ultimately approved by Gongaware. (LATimes)"Timm Wooley advised me that Dr. Murray was being engaged at the request of the artist," Hollander testified, saying contract with AEG Live (ABC7)
Julie Hollander, vice president/controller of event operations for AE Live, testified in the wrongful death trial that Murray’s salary of $150,000 each for the months of May and June that year was included in a budget approved by executive Paul Gongaware. (LATimes)
Hollander said she used the term draft because the contract was not fully executed. Fully executed means all partied signed the contract. Hollander said that if all the terms of the contract were met and remained consistent, Dr. Murray would be paid retroactively from May 1, 09 (ABC7)
Hollander called the doctor’s contract with AEG a “draft” because, although it was signed by Murray, neither Jackson nor AEG had signed it.
“If Michael Jackson didn’t die and AEG signed, then AEG would owe the money, right?” Brian Panish, the Jackson family’s attorney, asked.
“If all parties signed it would have been a fully executed contract, yes, and I would have to — if the costs were approved — it would be no basis for me to say I’m not going to pay that,” Hollander said. (LATimes)
Hollander: There was $300,000 listed on the budget for Dr. Murray, yes. That budget was approved by Mr. Gongaware. (ABC7)
Panish: For London there was more than 1 million dollars in the budget to pay Dr. Murray, right?
Hollander: I don't recall a figure of $1Million (ABC7)
Brian Panish shows Hollander a large binder with 80 documents she reviewed to refresh her recollection.(ABC7)
Panish: AEG advanced money to MJ, is that right?
Hollander: Yes, it was an advance, recoupable in some capacity (ABC7)
Panish showed email from 5/18/09 from Hollander to Wooley: "Were in process of quickly putting together urgent re-forecast for Mr Anschutz"(ABC7)
On May 18, 2009, Hollander wrote an email to several executives asking for information that would help give AEG owner Philip Anschutz an idea of the upcoming tour profits.
“We are in the process of quickly pulling together an urgent re-forecast for Mr. Anschutz and need the latest and greatest on MJ,” her email read. “I recall that you were working on an update. Is it ready for consumption? I need something by tomorrow at the latest.… Once the numbers are in, I need direction from you with respect to the split between UK and US.”
Panish asked Hollander, “They weren’t asking you how the rehearsals were going, were they?”
“No.”
“They wanted to know how much money would be made for the U.S. and how much money would be made for the U.K., correct?”
“Yes.” (LATimes)
Panish: Do you know if AEG ever performed a background check on Dr. Murray?
Hollander: I'm not aware of anything in that regard (ABC7)
Hollander said she did not know who negotiated the compensation for Dr. Murray. He was the only doctor budgeted for the tour. Memo: MJ wishes to have permanent physician available on call thru pre-tour/operational period. There are 2 months at $150K newly budgeted. (ABC7)
Hollander: I talked to Mr. Wooley about the inclusion of Dr. Murray in the budget. I talked to Mr. Trell as to the conditions he'd be paid (ABC7) Hollander said she spoke with Woolley about the inclusion of Murray on the budget and to AEG’s in-house attorney Shawn Trell about conditions under which the doctor would be paid. (LATimes)
Panish showed the jury the budget from 5/16/09 for 27 shows:
Management Medical --300,000; 450,000; 750,000
Total: $1.5 Million to pay Dr. Murray (ABC7)
Hollander verified a document created May 16, 2009, that listed dozens of changes to the “This Is It” budget. Murray was listed as item 29.
“MJ wishes to have a permanent physician available on call throughout the pre-tour period on operational period,” the document said. “There are 2 months at $150,000 newly budgeted.” (LATimes)
On April 30, 2009, Panish showed a document with $300,000 budgeted for management medical. (ABC7)
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Dr. Emery Brown , Propofol expert from Harvard, is announced as the next witness to be called.