Jacksons vs AEG - Day 20 – May 30 2013 – Summary
Katherine and Rebbie Jackson are in court.
The court also heard an update on efforts to get emails and any other records from a computer used by Jackson’s former manager Frank Dileo. Apparently an LA attorney has a copy of Dileo's computer hard drive. Attorneys are working to get a copy of the HD to both sides. The copy was revealed during a deposition of Dileo’s widow earlier this week in Pennsylvania, plaintiff’s lawyer Brian Panish said. (AP)
Paul Gongaware Testimony
Jackson direct
Gongaware said he met with his attorneys again yesterday to refresh his recollection. (ABC7)
Panish asked if AEG was concerned about Mr. Jackson's health. "When he was sick we obviously had a concern," Gongaware responded. Gongaware said he understood MJ was sick from reading the chain of emails shown yesterday. But Gongaware told the jury he didn't have any particular concern about Michael Jackson. Other than on June 19th, no one told Gongaware about being concerned with MJ's health. (ABC7) Gongaware testified that he disagreed with Houghdahl's opinion, saying he had no "particular concern" about Jackson's health and ability to perform. (CNN)
Talking about the email Hougdahl sent saying MJ was deteriorating quickly, Gongaware explained: "I didn't see it the way he saw." (ABC7)
Hougdahl, in response to concerns expressed by Travis Payne about Jackson’s weight, wrote singer needed a new diet.(AP) Email 6/15/09 from Hougdahl to Gongaware He needs some cheeseburgers w/ bunch of Wisconsin cheesehead bowlers and couple of brats and beers. (ABC7 & AP) Panish asked Gongaware whether he thought the email was funny. Gongaware said yes. He also said he wasn’t concerned about Jackson’s health. (AP)
"Was he joking around about this situation?" Panish asked Gongaware, referring to Hougdahl.
"I think he was," Gongaware replied.
"Did you think that was funny?" Panish asked.
"I did," Gongaware admitted. (NYDailyNews)
Panish: Was Mr. Hougdahl joking about it?
Gongaware: A little bit (ABC7)
Panish inquired whether Gongaware had indemnity clause in his contract. Panish asked about indemnity in Gongaware's contract. The exec said indemnity means that someone else is taking on the responsibility. "I haven't read my contract in 12/13 years, I don't know what it says," Gongaware said. Gongaware said he does not know how many pages his employment agreement is. Panish asked if he AEG would cover for Gongaware should they be found guilty.(ABC7) Gongaware said it was his understanding that he wouldn’t be personally responsible financial if the jury sided with Jackson family. (AP) Panish: That means if you did something wrong... Gongaware: They would be responsible "I've been assuming that," Gongaware responded, adding that depending upon the size of the judgment, AEG could go after him. Panish asked how much AEG would be able to afford, and Gongaware said he didn't know. Panish emphasized there are various ways for AEG to pay a judgment, and Gongaware mentioned they had some sort of cancellation insurance. (ABC7)
Panish went back to discuss the email from Randy Phillips where he wrote Dr. Murray didn't need the gig and was unbiased and ethical. Panish: Is Mr. Phillips unbiased and ethical, sir? Gongaware: I think he is. Panish asked if it was ethical for Phillips to represent to Ortega that the doctor is 'extremely successful' and 'we checked everyone out'. Gongaware responded that he didn't know what Phillips knew at the time. (ABC7)
Panish: Is number one priority 'the show must go on'? Gongaware: I don't know if that's number one P: What's number one? G: Getting it right (ABC7)
Panish showed the email John Branca, Michael's attorney, saying he had the right therapist for MJ and asked if substance abuse was involved. "This is referring to the meeting that was going to happen and I was waiting to see the results of it," Gongaware said. "I didn't believe there was a substance abuse issue," Gongaware testified. "In the entire time I was dealing with him in this tour, I saw it once when he came back from his doctor," Gongaware testified. Gongaware said that was the only time he saw Michael with slurred speech and under the influence of something. Gongaware said he didn't know what Dr. Klein was giving Michael Jackson. When Panish asked Gongaware if he checked Dr. Klein out, he replied: "No, he was Michael's doctor and it was none of my business." (ABC7)
Gongaware said he once observed Michael looking "slow" and possibly intoxicated after a visit to his dermatologist but he didn't believe the singer had any serious health problems — even after Jackson appeared weak and disoriented at a June 19 rehearsal. "My observation of Michael Jacksonwas that he was healthy," Gongaware said. "They had a meeting to discuss (the June 19 incident), and he took a couple days off and he came back strong." (NYDailyNews)
Gongaware talked about the meetings he attended at MJ's house. He couldn't remember how many, but said one w/ Dr. Murray was in June. (ABC7)
On June 24th, Gongaware saw MJ rehearse the song 'Thriller'. He said he thought Michael was engaged and alert.(ABC7)
As to insurance issues, Gongaware said he was involved only peripherally. On June 25, Gongaware sent an email saying that if they didn't get sickness coverage in the insurance, they would be dropping the policy. Gongaware said he didn't know why he was pressing for sickness insurance on the day MJ died. Bob Taylor, the insurance broker, wrote back that it was always down to the medical issued from the word go. Regarding Randy Phillips asking for life insurance the day MJ died, Gongaware said he didn't pay much attention to insurance, didn't recall. (ABC7)
The day MJ died, Gongaware said Phillips called him and told him to get over to the house right away, there seems to be a problem. Randy followed the ambulance to UCLA. "The second call was that he informed me that he had died," Gongaware remembered. On June 25, Gongaware said he went to the rehearsal at the Staples Center and talked to Kenny Ortega. Panish: Were you sad Mr. Jackson died? Gongaware: Very much so (ABC7)
He was a business associate, Gongaware said about MJ. They did not didn't hang out as friends (ABC7)
Panish asked about Phillips' email directing Gongaware to remove thin, skeletal footage of MJ in red jacket from This Is It documentary. Gongaware testified today he remembered receiving the email. In his deposition played in court, Gongaware said he didn't recall the email. Panish: Did you change your testimony? Gongaware: No. I saw the email as part of my preparation (ABC7)
“Make sure we take out the shots of MJ in that red leather jacket at the sound stage where the mini-movies were being filmed,” AEG Live president and co-chief executive Randy Phillips wrote in Aug. 9 email. “He looks way too think (sic) and skeletal.” Gongaware replied to Phillips, his boss, “ok will have a look when it comes on screen.” (LATimes)
Gongaware said he didn't try to control any of the messages about MJ after his death to reflect he was fully engaged in rehearsals. Panish asked about an email from Gongaware okay'ing the band, singers and dancer to give interviews but asked them to keep it positive. (ABC7)
In another email July 9, 2009, email to music coordinator JoAnn Tominaga, Gongaware wrote, “We are ok with the band, singers and dancers doing interviews now. The only thing we ask is that they keep it positive and stress that MJ was active, engaged and not the emaciated person some want to paint him as being.” Answering questions from Jackson family attorney Brian Panish, Gongaware said he was not trying to control the film’s message. “We’re asking them to keep it positive,” he said.(LATimes)
"You're telling them what not to say, aren't you sir?" Katherine's lawyer Brian Panish asked Gongaware. "I'm asking them to keep it positive," Gongaware replied. "And not say he was emaciated," Panish shot back."Yes …we did ask them to keep it positive," Gongaware said. "So you were controlling the message as a producer of that documentary," Panish said, referring to the follow-up "This Is It" movie that included taped interviews. "I don't think so," Gongaware replied. (NYDailyTimes)
Email: The only thing we ask is that they keep it positive and stress that MJ was active, engaged & not emaciated person some want to paint
Panish: You were controlling the message as producer of that documentary, sir? Gongaware: I don't think so (ABC7)
Gongaware’s testimony again emphasized the contrast between the answers he gave during his deposition under oath in December 2012 and his responses in the courtroom. In testimony Wednesday, he agreed that Phillips meant “thin” in his email, instead of the word he typed, “think.”Asked during the deposition what Phillips meant, he replied, ”I don’t know what he meant.” (LATimes)
Gongaware said nothing was taken out of the documentary, which included rehearsals for the scheduled 50 concerts in London. (LATimes) Gongaware promised in a follow-up email to Phillips that he'd "have a look," but he testified Thursday that he never dumped any footage. "We didn't keep anything out based on what Randy wrote," Gogaware told jurors.(NYDailyNews) Gongaware testified that he did not know why Phillips would ask that. "We didn't keep anything out based on what Randy wanted." (CNN)
Gongaware said there were 15,000 tickets per show, $1.5 million in tickets per show, $47 million for all 31 shows. Tickets were selling at lightening fast, Gongaware said. "As fast as the system can sell.". The tickets were sold in March, Gongaware said. It was held by the arena, AEG had control of the money. Gongaware said merchandising was another way of making money. The building, which is owned by AEG, would keep the revenue of beverage sold. Gongaware said the beverage money would offset the arena rent, which Michael would not have to pay. Gongaware: His (MJ) potential was great Panish: Unlimited ceilings? Gongaware: If he was willing to work that hard, he would've done well. (ABC7)
Before lunch, Panish asked Gongaware whether “This Is It” was intended to be a multi-city tour. Gongaware said no, it was just going to be the 50 shows at London’s O2 arena. (AP) "The only thing we knew was 50 shows in London. Michael had not agreed to anything else," Gongaware explained. (ABC7)
Panish asked Gongaware by the time the show was sold out, how many people were in the queue to buy tickets. "250,000 people were still in the queue, which would be enough to sell another 50 shows," Gongaware answered (ABC7) During Murray’s trial, Gongaware testified that 250k people still wanted tickets. He told that jury “This Is It” would be a multi-city tour. (AP)
Panish: Did you tell the truth when you testified in this case, sir? Gongaware: Yes Panish then concluded his questioning of Gongaware. (ABC7)
AEG cross
AEG's attorney, Marvin Putnam, did the questioning of Gongaware on behalf of the defendants.
Putnam: Have you ever been sued personally for the wrongful death of anyone? Gongaware: No
Putnam: How are you feeling?
Gongaware: It's difficult, it's very stressful
Putnam: Are you nervous?
Gongaware: Yes (ABC7)
Putnam asked about Gongaware's memory and he said it's okay. (ABC7)
When AEG defense attorney Marvin Putnam took over, he asked Gongaware about some of the emails shown to jurors yesterday. Putnam was trying to show that not all the contents of the emails had been shown to jury. Some email addresses had been redacted. Attorney Brian Panish objected to the redactions, and got testy with the judge. It prompted another lengthy sidebar. When attorneys returned from the judge's chambers, Putnam resumed questioning Gongaware about email sent to his private account. (AP)
Putnam said Gongaware handed over more than 13,000 emails in discovery from the "This Is It" period. (ABC7 &AP)
Putnam inquired about Gongaware's Kazoodi personal email account. On 6/20/09, the chain of emails with "Trouble at the Front" was sent there. Gongaware said he didn't remember receiving this email. Gongaware said he had more than one "Kazoodi" email account. He said he was not using the account the email was sent to on 6/20. "The account was closed at the time," Gongaware testified, saying he never received the email. But he said he never denied it was sent. Gongaware claimed yesterday was the first time he saw the chain of email subject Trouble at the Front. (ABC7)
He presented Gongaware a document that indicated the private email account had been closed at the time a message sent him an MJ-related msg. The email in question was titled "trouble at the Front" and included concerns about Michael Jackson's health. Gongaware had testified that he'd never seen it. Putnam used the closed email account to try to show Gongaware's testimony was truthful (AP).
"Why could you not recall e-mails?" Putnam asked him Thursday. "I had not reviewed them and had not seen them in years," Gongaware answered. Some of the e-mails were new to him because he was so busy putting Jackson's tour together that he never read them, he said. "Mostly, it was just a time factor if it was something that didn't have to do with me."(CNN)
Gongaware said he was receiving hundreds of email a day at the height of 2008/09 tour preparation. Gongaware testified he didn't read all of them because of time factor or it was something it didn't have to do with him. (ABC7)
Gongaware said he doesn't have an office at AEG, and that he works in his own projects. He has an office at his house. Gongaware is the Co-CEO of AEG Live Concerts West with John Meglen. He said he was the co-founder of the company. Phillips is AEG Live CEO. (ABC7)
Gongaware explained be has been testifying about what he could recall. If he didn't remember, he said he told the jury he couldn't recall. Gongaware testified he looked at the emails after his deposition because he wanted to put everything together and see the bigger picture. Putnam: Did you try to give your best testimony? Gongaware: Yes, I did (ABC7)
Regarding the phone call between Gongaware and Dr. Murray where the doctor asked about $5 million, Gongaware said he remembers that call. The next call between the two, it was the $150,000 call, where Gongaware offered the doctor $150k. Gongaware said those were the only two calls he had with Dr. Murray. (ABC7)
Gongaware said the 1st time he met Dr. Murray was a meeting at MJ's Carolwood house. He said MJ, Kenny, Randy, Frank, Dr Murray were present. Gongaware recalled the other meeting with Dr. Murray was an encounter with him at The Forum. He remembers saying hello to him. Gongaware said he's sure he didn't meet with Dr. Murray other than on those two occasions.(ABC7)
Break down: Gongaware said he spoke with Dr. Murray on the phone two times and met with him two times. (ABC7)
Gongaware said he promoted couple of shows/dances in college. He graduated in '69 from Waynesboro College in Pennsylvania in Accounting. Gongaware worked for Arthur Andersen in NYC after college as auditor. He said one needed two years of experience in order to get CPA license.Thecompany ended up shutting down after being involved in the Enron scandal, Gongaware explained. Gongaware said there's a continuing education requirement in order to maintain his CPA license, but he hasn't kept current. "I didn't like that work," Gongaware said about leaving the practice. "I wanted to do things and not just being an accountant." Gongaware said he ski bummed for a winter and would do bookkeeping to pay for his lodge. After, he promoted the Grateful Dead at Folsom Field in Boulder, CO. Gongaware said he didn't know the band, cold called them & got the work. (ABC7) His first big show was in Colorado -- he got The Grateful Dead to perform at Folsom Field in Boulder, Colo. He said he didn't know the band or any of its managers, but asked them to come to Colorado. They did, and the show was a hit. (AP) The concert was sold out, Gongaware said, and he became an independent promoter. Around 1975, he met Terry Bassett who worked at Concerts West and Gongaware went to work for them in their Seattle's office. He worked for them for about 10 years. Gongaware said he went to work for the company because the money was steady. At Concerts West, Gongaware worked with Bad Company, Led Zeppelin, Beach Boys, Chicago, Eric Clapton, among others. This Concerts West is not the same he is the currently the co-CEO. Jerry Weintraub was Elvis' promoter and Concerts West assigned him to work with Colonel Parker, Elvis' manager. (ABC7)
On Jun 25, 2009 Gabriel Sutter (a tech guy) wrote Gongaware a condolences email. "It was such an incredible shock to go through that experience," Gongaware explained. Gongaware's response on July 5, 2009: I was working on the Elvis tour when he died so I kind of knew what to expect. Still, quite a shock.(ABC7) Gongaware's response: "I was working for Elvis when he died so nothing came at me that I didn’t expect. Still, quite a shock."(AP) "You have all these people out of work," Gongaware explained. "At the Elvis some were without jobs permanently."(ABC7) Under questioning from Putnam, Gongaware said he didn't mean that he expected Jackson to die like Elvis. He was referring to the trauma of people losing their jobs because a tour is canceled, he said. (CNN) Putnam: When you wrote the email, did you expected MJ to die? Gongaware: No, not all P: Did you ever consider the idea MJ would die? G: No (ABC7) AEG defense attorney Marvin Putnam asked Gongaware whether he meant that he expected Jackson to die. Gongaware said no. Gongaware said he was referring to people working on the tour who would lose their jobs, and the estate taking control over MJ's legacy. (AP) Here's what Gongaware had to say about the role of the estate after Elvis died (and what he expected after Jackson's death.) Gongaware: "Then the estate takes over, and everything’s different. You have nothing to say about anything." (AP)
When one of his friends asked about his plans after MJ's death, Gongaware replied he was "trying to recover our losses from the show." (AP)
"MJ died of overdose of Propofol," Gongaware testified. He didn't die of being sick or malnutrition, Gongaware said. "It was overdose of Propofol." Gongaware said he had no idea of what Propofol was. (ABC7) "I had no idea" Jackson was using propofol in the weeks before his death, Gongaware testified. (CNN)
Gongaware was in his 20s when he worked w/ Elvis. He said when they'd announce Elvis concert, there would be lines at the box office 4 days. Gongaware said Colonel would buy ads on every radio station and promote the show. When tickets went on sale, Gongaware was to report to Colonel every hour regarding the ticket sales.(ABC7) Gongaware said he would update Parker on ticket sales for Elvis' shows. (AP) Gongaware said Elvis died of a heart ailment. ((On Tuesday, Gongaware testified Presley died of drug overdose)). Gongaware said he never met Elvis. At a point, Gongaware said Elvis was not performing. "The Colonel was keeping Elvis from work.".Gongaware said he came to find out later, after Elvis' death, that the artist had drug problems. (ABC7)
Although he worked advance promotion on Elvis Presley's last tours -- under the direction of Presley manager Colonel Tom Parker -- Gongaware testified he never met Presley.
"Did you understand he had a problem with drugs?" AEG lawyer Marvin Putnam asked.
"I understood that later," Gongaware said. "There was a period of time when we didn't work. I didn't understand at the time, but I learned that it was a drug problem and the Colonel said he couldn't work."(CNN)
Elvis Presley's death became a controversy at the Michael Jackson wrongful death trial as a man who promoted both artists' last tours testified.AEGLive Co-CEO Paul Gongaware testified Wednesday that Presley died of a drug overdose, but when his own lawyer questioned him Thursday he changed his testimony to say Elvis died of a heart ailment. Presley collapsed in the bathroom of his Memphis, Tennessee, mansion -- Graceland -- on August 16, 1977, at the age of 42. While his death was ruled the result of an irregular heartbeat, the autopsy report was sealed amid accusations that abuse of prescription drugs caused the problem.How Presley died is relevant because Jackson lawyers argue Gongaware's experience as Elvis's promoter should have made him more aware of drug abuse by artists, including Michael Jackson. (CNN)
Gongaware said he worked on MJ's memorial service. He was in charge of the tickets and worked closely with the family. He said he didn't charge for his work. Putnam: Why did you work at the memorial service? Gongaware: It was the right thing to do (ABC7)
Gongaware left Seattle and came to LA to work at Concerts West. He then went to Warner Miller Films. The company did primarily ski movies. Around 1992, Gongaware went to work on the "Dangerous" tour with MJ. This was his first time working with Michael Jackson. He worked with the Jacksons in 2000. But he remembered working on a tour with the Jacksons prior to 92 and said MJ was part of the group. "I was the tour manager, handled the logistics and travel for the B party," Gongaware said, adding he worked for MJ but not for A party. A party - artist B party - band and administration C party - crew D party - documentary people. Gongaware said there were several legs on Dangerous tour. It was a worldwide tour. He never met MJ on that tour, saw him on stage few times.(ABC7)
The first time Gongaware met MJ was in Las Vegas when he was visiting Colonel Parker. Steve Wynn's brother called and said MJ wanted to meet Colonel. Gongaware stayed and met MJ.(ABC7)
Putnam: Were there any doctors in that tour? Gongaware: Yes, two. Gongaware said Dr. Forecast was MJ's personal doctor. He didn't think Dr. Forecast treated anyone else, so they had Dr. Finkelstein also. Dr. Finkelstein, a general practitioner, was in the B party. They went to places where they didn't know the quality of local healthcare. Gongaware explained Dr. Finkelstein treated B, C and D parties. Gongaware said he did not see any doctor treat MJ. Dr. Finkelstein told Gongaware he treated MJ two times. Dr. Forecast wasn't in Bangkok yet, so Dr. Finkelstein treated him when he needed. The King of Thailand said MJ would have to do the second show because his friends were attending, Gongaware recalled. Gongaware said the King put armed guards outside their doors to make sure they didn't leave.(ABC7)
Putnam: During the Dangerous tour, have you come to have an understating that MJ had a problem with drugs or painkillers? Gongaware: No. The Dangerous tour in 93 was cut short in Mexico City, Gongaware said. He learned it had to do with drug addiction because MJ announced it. "My friends and doctors advised me to seek professional guidance immediately in order to eliminate what has become an addition. It is time for me to acknowledge my need for treatment " MJ said. Putnam played the audio with MJ's statement. (ABC7)
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Court is a half day Friday between the hours of 9 AM to 1 PM.