Jacksons vs AEG - Day 23 – June 4 2013 – Summary
Katherine was at the court with Austin Brown.
Paul Gongaware Testimony
AEG cross
He was asked about Jackson’s final two rehearsals at Staples Center. Gongaware couldn’t details about recall the first one. He said he wasn’t particularly attentive about Jackson’s health, appearance. This was 1st rehearsal after Jackson missed one 4 days earlier. (AP) Gongaware said MJ rehearsed on June 23rd. "He was fine," Gongaware described, saying his understanding was that MJ was okay. Gongaware said he wasn't being specifically attentive on the 23rd because he didn't think there was a problem with Michael. MJ rehearsed on Jun 24th. Gongaware watched "Thriller" in its entirety, it was the 1st time they were using costume. He said MJ seemed fine. (ABC7) The second rehearsal on June 24, 2009, Gongaware watched Thriller. “He was fine,” he said of Jackson. (AP)
Putnam: Was he engaged? Gongaware: Yes P: Any physical issues? G: No, I didn't see any "He did a good rehearsal," Gongaware testified. (ABC7)
On June 25th, Gongaware got a call from Randy saying he had a call from DiLeo asking him to go to MJ's house because something was going on. As Randy got to Michael's house, an ambulance was leaving and Randy followed it to the hospital, Gongaware said. "I didn't know what was going on," Gongaware said. "At that point I was apprehensive because I didn't know what was happening." Gongaware said he didn't hear anything for a while, so he called Randy to see what was going on and he said Michael had died. "I was in shock," Gongaware recalled. "The artist was gone, he just passed away. How did this happen?!". Gongaware said he no idea what caused MJ to die, never contemplated the idea of Michael Jacksondying. (ABC7) Gongaware talked very matter-of-factly about the day Jackson died. He said he heard about the death from AEG Live CEO Randy Philips. “I was in shock,” Gongaware said. “The artist was gone. He just passed away.” Gongaware said he questioned how it happened. He said he never contemplated that Jackson would die. He said he went to Staples Center, where the mood was somber. (AP) "I called Kenny right away and told him. He was at Staples Center," Gongaware recalled. "The atmosphere at Staples was very somber." (ABC7)
After MJ's passing, Gongaware said they had to shut down production. He was then involved in Jackson's memorial service. (ABC7)
Gongaware said AEG never considered having Jackson start concerts in United States, due to “all those child allegations and all that stuff.” (AP) As to why TII was happening in London, Gongaware explained it was MJ's best market. "We didn't know how strong it would be." Putnam asked Gongaware if AEG considered tour in US. "No, he had all those child allegations flying, it was the wrong thing to do" he said. (ABC7)
Gongaware: He didn't tour very often, I don't think he liked it very much. There were lots of things he would be rather doing. MJ never did "meet and greet", according to Gongaware. (ABC7) He said he didn't believe that Jackson liked to tour, and that he didn't do meet-and-greets with fans and sponsors. (AP)
The exec said Michael came out with the phrase "This Is It" because this was the last tour he was going to do. (ABC7)
MJ only agreed to 50 shows, but Gongaware said AEG Live was interested in more shows. (ABC7)
Gongaware said “Dangerous” tour lost money due to cancellations. He said he thought “HIStory” nearly broke even. (AP) Gongaware worked on "Dangerous," "HIStory" and one Jacksons tour back in the 80s with MJ. Dangerous lost money, Gongaware said, because a lot shows were canceled. History was probably pretty close to break even, the exec explained. MJ did the "Bad" tour, but Gongaware was not involved in it. MJ's primary concern was not making money off his shows, Gongaware said. His primary concern was with the art, the performance. (ABC7) Attorney Marvin Putnam asked Gongaware of Jackson: “Was making money his primary concern?” Gongaware: "That wasn’t his primary concern.” (AP)
"This Is It" was supposed to be spectacular, Gongaware said. He would be doing 8-10 shows a month, so about 3 a week. (ABC7)
Gongaware said he never saw MJ take drugs. Aside from drug use in 93, Gongaware said he didn't have any other knowledge of MJ using drugs. "He was lively, engaged, he seemed happy," Gongaware said about MJ. (ABC7)
Putnam asked Gongaware about the day he thought Jackson was impaired after an appointment with Dr. Arnold Klein. The questions prompted a sidebar. He said Jackson “wasn’t quite the same” but didn’t testify about Jackson’s demeanor in detail. (AP) Gongaware described the time where he was at MJ's house for a meeting and MJ was late. When MJ arrived, Gongaware said his speech was a little slurred, he wasn't quite the same. He was told Michael was at Dr. Klein's office. Gongaware said he was not familiar with the doctors who treated MJ. Putnam announced be had no more questions at this time. (ABC7)
Jackson redirect
In response to Panish question, Gongaware said “This Is It” was only second tour that AEG Live would promote and produce. (AP)
Jackson's atty Brian Panish began re-cross of Gongaware. He asked if the exec was concerned about MJ. "I certainly wanted him to do well". Panish: Were you concerned about his children and his family, sir? Gongaware: I was concerned about him (MJ). Panish: How about his family and children, sir? Gongaware: I supposed. I was focused on MJ. (ABC7)
Panish then asked Gongaware whether he cared about Michael Jackson. “I believe so. I certainly wanted him to be well, yes.” Panish: “Were you concerned about his children and his family?” Gongaware: “I suppose.” Gongaware added, “I was focused on Michael Jackson.” Brian Panish asked Gongaware a couple different ways if he was concerned about Jackson's mother, children. Gongaware looked up toward the celiling and then said he’d thought about it and he was concerned about Jackson’s mom & children (AP)
"I believe he was a good father," Gongaware said about Michael Jackson. Panish: Did you know he was a great son to his mother? Gongaware: I believe he was. (ABC7)
Panish asked if Gongaware ever called Katherine Jackson to express his condolences. The executive said no. Gongaware said he also didn’t think that he sent Katherine Jackson or Jackson’s children a condolence card. (AP) P: After MJ died, did you ever send a card to his mother? G: I don't think so P: Did you ever call her to express your condolences? G: No (ABC7)
Panish asked Gongaware several questions about the executive changing elements of his deposition testimony. (AP) "I believe I testified truthfully," Gongaware said. "I don't believe I changed my testimony substantially." (ABC7)
Panish then started pointing out what he said were inconsistencies in Gongaware’s testimony. (AP)
This led to questions about whether Gongaware was mistaken when he wrote in an email that AEG was paying Conrad Murray’s salary. Gongaware said he didn’t necessarily think he was mistaken. He also said he didn’t remember writing the email. (AP)As to the email Gongaware wrote that AEG, not MJ, paid Dr. Murray Panish asked again if Gongaware recalled writing this email. He said no. Gongaware said he spent 2 days with his lawyers preparing for his deposition, one-two hours discussing the email about AEG paying Dr. Murray. Panish pointed out several answers Gongaware gave on his deposition and the changes he ask to make to transcript after meeting with attorneys. Panish said Gongaware changed his testimony several times as a result of meeting with AEG's attorneys. Panish said Gongaware also changed his testimony again while on the stand and under oath. Panish tried to impeach Gongaware, which is a legal way to call into question the witness' credibility. Later in the case, judge will instruct the jurors that if they think a person lied, they may disconsider part of all of his testimony. As to the email about AEG paying Dr. Murray, Panish pointed out that Gongaware changed his answers several times throughout his testimony. One time he said the email was shorthanded, normal course of business and didn't really think it was a mistake. Yesterday, Gongaware answered the same question saying he was mistaken when he said AEG was paying Dr. Murray. Gongaware explained he thinks he said the same thing but different ways. (ABC7) Gongaware was also asked about a key email he wrote that has come up several other times during the trial. Talking about Murray, he wrote, “We want to remind him that it is AEG, not MJ who is paying his salary. We want him to understand what is expected of him.” Panish asked, “Do you have any idea why you might have written that AEG is paying his salary?" "No," replied Gongaware. "I mean, I was mistaken there. We weren’t going to pay his salary. We would have advanced the money on Michael’s instructions.” (LATimes)
Panish then asked Gongaware about Lou Ferrigno and whether he was an employee of AEG Live. No, Gongaware said. Gongaware reiterated his testimony from Mon. that he made a deal with Ferrigno. He said Ferrigno would have been an independent contractor. Panish asked whether Ferrigno had a contract with AEG Live. Gongaware said he didn’t know. (AP) Panish asked Gongaware if he hired Lou Ferrigno to be MJ's trainer. "I made a deal for Michael," Gongaware said. Ferrigno was an independent contractor, Gongaware said he didn't know whether Ferrigno was submitting bills to his office. Panish: So you stiffed Lou Ferrigno, you didn't pay the Incredible Hulk? (Everyone in the courtroom laughed out loud) Gongaware: I don't know how he would get paid, if he would submit bills or not. (ABC7) Panish asked whether Ferrigno submitted bills directly to Gongaware to be paid. I hear the response, but it prompted this exchange. Panish: “You stiffed Lou Ferrigno? You didn't pay The Incredible Hulk?” Lots of laughter in gallery, from the jury. AEG Live exec Paul Gongaware said he didn’t know if Lou Ferrigno was paid. (AP) Gongaware said he also made a deal with actor and bodybuilder Lou Ferrigno to serve as Jackson's trainer. When he said he didn't know if Ferrigno had been paid, Panish replied, “So you stiffed Lou Ferrigno? You didn’t pay the Incredible Hulk?” (LAtimes)
Panish said Gongaware testified yesterday that he was not concerned with MJ because he was working out with a trainer. Today Gongaware testified MJ was going to work out with Lou Ferrigno. Gongaware said he didn't know whether Ferrigno had an independent contract agreement or not and if he got paid. Panish inquired about AEG only paying people with fully executed contract. Gongaware said he didn't know the status of Ferrigno's contract. "I don't know specifically when Mr. Jackson saw trainers, but I believe he was seeing trainers," Gongaware explained. Panish: He was seeing Lou Ferrigno to be in the next Incredible Hulk? Gongaware: I don't think so. Panish said Gongaware testified he was not concerned about MJ because he was working out with Lou Ferrigno. He said he didn't say that. (ABC7)
"When he was sick on June 19, I didn't know what was happening," Gongaware explained. "After that, MJ was great." (ABC7)
Panish asked Murray about whether he ever received Conrad Murray’s contract. Gongaware, when shown an email from June 16, 2009, that he received that included Murray’s contract, said he didn’t generally read contracts (AP) "Dr Murray wasn't supposed to get paid. If MJ would've signed the deal, Dr Murray would've been paid for his work in London," Gongaware said . Panish: You didn't have time to ready budgets, you didn't have time to read contracts, right? Gongaware: I didn't read budgets early on. Panish asked if Gongaware had any doc to prove that Dr. Murray was told that anyone else, but AEG, was paying him. Gongaware didn't recall. Panish: Did you have anything in writing saying it was MJ, not AEG, paying Dr. Murray? Gongaware: I don't know. (Panish then asked Gongaware about whether he’d ever sent Murray anything saying it was Jackson, not AEG paying him. PG said he didn’t know. AP) Gongaware said he believed Dr. Murray signed one version the contract, but doesn't know whether the one showed to him was it. (ABC7) Gongaware said he knew of no document that said his company's payments to Conrad Murray were actually part of a loan to MJ. Gongaware, on the stand for the sixth day, said he didn't know what Murray assumed about who was paying him. (LAtimes)
The jury was shown an email from Timm Woolley, the AEG accountant on Jackson's "This Is It" concert series in London, sent Murray June 6, 2009, 19 days before the pop idol's death.
“I am sorry for the long delay in getting this to you, but I hope that, with your input and comments, we can dispose of the agreement quickly and arrange for payment of the May & June fee instalment,” Woolley wrote.
Gongaware testified that although he made the deal with Murray, and that the contract was emailed to him in 2009, Tuesday's court appearance was the first time he had seen it. Gongaware repeated his contention as he has through his testimony, that “he was working for Michael Jackson. He wasn’t working for us.” The contract shown to the jury said it was between AEG Live and Murray. The contract also said Murray was to "Perform the Services reasonably requested by Producer," AEG. Trell testified earlier that this was one of several mistakes in a draft that would have been cleaned up in the final version. (LATimes)
Panish: You expected Dr Murray, just like Ferrigno, to get paid for services provided to AEG right sir? Gongaware: He wasn't working for AEG. Gongaware said he was tasked to make the deal, determine compensation for Dr. Murray. Panish: If he was MJ's personal doctor, why hire him? Gongaware: I think he wanted to set up the payment. "I was told to negotiate his compensation," Gongaware said about Dr. Murray. (ABC7)
Plaintiff's attorney Brian Panish asked Gongaware about his contention that Jackson was always able to perform and nail shows when necessary (AP) Gongaware repeated he believed when lights went on, MJ was always there. Panish pointed out MJ canceled several shows in Dangerous tour. (ABC7) The lawyer cited several shows over Jackson’s career that he missed: Bangkok, South America and the need to move a couple in Mexico City. (AP)
Panish then asked Gongaware about Dr. Stuart Finkelstein, who the lawyer kept referring to as Gongaware’s friend of 25 years. Finkelstein, a possible witness in the trial, was on the last leg of the “Dangerous” tour before it was canceled. (AP) Gongaware said Dr. Finkelstein is now a drug addiction specialist. "There were two occasions where he (Dr. Finkelstein) told me he treated MJ, but never talked about Demerol or injections," Gongaware said. "I believe he's mistaken," Gongaware said if Dr. Finkelstein gave deposition to the contrary. Panish: Did Dr. Finkelstein tell you he put MJ on a 24 hour morphine drip? Gongaware: No. (ABC7) Gongaware denied that Finkelstein told him that he thought Jackson was suffering from a prescription drug addiction. He also denied that Finkelstein told him that another doctor on the “Dangerous” tour was giving Jackson Demerol shots. Lastly, he denied that Finkelstein told him that Jackson had been placed on a 24 hour morphine drip at one point. (AP) Dr. Forecast, from London, was MJ's doctor treating the artist during Dangerous tour.(ABC7)
Gongaware said he was never alarmed about Jackson’s health and said he say the musician as being well. (AP)
Panish: Is safety paramount to AEG live? Gongaware: Safety should always be expected, act safe. Gongaware said he didn't know if there was a person in charge of safety at rehearsals.(ABC7)
Panish asked about Dr. Murray's contract. Gongaware said he received an email with it attached but never read it. Under responsibilities of Dr. Murray, it said Dr. Murray was to perform the Services reasonably requested by Producer. Panish: Do you know it MJ would've agreed to that? Gongaware: I don't know. Panish inquired if Dr. Murray asking $5 million was a red flag. Gongaware said no, people asked more than their value because it was MJ. (ABC7)
Panish asked Gongaware about why he didn’t review emails before his deposition in Dec. 2012. He said he relied on his attorney’s advice. (Later, in questioning by defense attorney Marvin Putnam, Gongaware said he had no idea which of his 13k emails he would be asked about.) (AP)
Panish: In your opinion, this is a baseless, shakedown lawsuit? Gongaware: I don't understand the merit in it
Panish: You answered interrogatories in this case blaming everything on Mrs. Jackson? Gongaware: I don't recall
Panish: Did you sign anything in this case saying that Mrs. Jackson was trying to extort money from AEG? Gongaware: I don't recall (ABC7)
Gongaware was asked whether he remembered signing court docs in which he called Katherine Jackson an extortionist. “I don’t recall,” he said. Regarding the court case, Gongaware said, “I just don’t understand the merit of it.” Regarding whether Jackson’s children suffered a loss after their father’s death, Gongaware said, “I believe they suffered a great loss.” (AP)
"I believe they suffered a great loss," Gongaware said about Michael's children losing a father. (ABC7)
Gongaware agreed that the best recollection of what happened in 2009 is the emails, but said he remembers from his head too. "He was always amazing," Gongaware said about MJ. Gongaware: I thought he was great Panish: Despite Bugzee saying MJ was deteriorating in front of his eyes? G: My eyes told me differently (ABC7)
Gongaware said the demand for tickets for MJ's memorial service was huge, comparable to the demand for TII tour. Gongaware said the amount of people still in line to buy tickets for TII could've sold out 100 shows. (ABC7)
Panish: Do you remember what you said Elvis died of? Gongaware: Heart ailment. But Panish recalled Gongaware giving a different answer earlier on, saying he believed it was prescription drugs (ABC7)
After questions about other emails, Gongaware acknowledged they were the best evidence of what he was doing at the time. Gongaware was asked about extending the “This Is It” tour. He was shown emails from promoters wanting MJ concerts in India, Australia. Gongaware said he would have liked the "This Is It" tour to continue, but they only had agreement for 50 shows. (AP) On 3/18/09 -- asking about MJ going to India for show, Phillips responded: "Thanks, Thomas. MJ will definitely be heading your way. Gongaware said he thinks they were making plans in case MJ said ok, let's go. Email on 3/17/09 from Phillips: We have a 4 year plan that included Australia, however, we have to finish London first. Gongaware, who didn't like Australian's promoter, responded: "Over my dead body. But let's see what he says before I p**s on his parade." (ABC7)
Panish: Did you ever see MJ under the influence of prescription medication on Jun 2009? Gongaware: When he came back from Dr. Klein's office. Panish: Did you investigate? Gongaware: No, he was coming from his doctor, I didn't think there was a need (ABC7)
Email on 3/23/09 from Gongaware to his secretary: Figure it out so it looks like he's not working so much. "I didn't want him to think he was working more than he was," Gongaware testified. (ABC7)
Panish: your goal was to have as many shows as possible? Gongaware: I would've liked that. Panish: The more shows you had, the more money AEG would've gotten, right? Gongaware: Yes (ABC7)
Panish asked Gongaware if he had talked to Phillips since he’d been on the witness stand. He said he hadn’t discussed case. Panish then asked if Phillips was aware Gongaware said he was content with AEG Live being #2 concert promoter behind Live Nation. Gongaware said he’s expressed his opinion that AEG Live doesn’t need to be #1 promoter. (AP)
AEG recross
Marvin Putnam, in re-direct, asked Gongaware if he tried to give his best testimony possible in deposition. Gongaware said yes. (ABC7)
Gongaware said he saw MJ with slurred speech after seen Dr. Klein, not Dr. Murray. (ABC7)
He asked Gongaware why he never sent a condolence card to Jackson’s family. “I’m not good with cards,” he said. (AP) As to the card to Mrs. Jackson and children, Gongaware said he's not good with cards, couldn't recall ever sending a condolence card. (ABC7) He said the memorial service was how he wanted to honor singer. Gongaware said he spent a lot of time thinking about Jackson after his death (AP) "What I did, I tried to put the memorial show together," Gongaware said. "I think it was the best thing for me to do, commemorate his life." Memorial was at the Staples Center with 15,000 people, live feed to Nokia Theater with 5,000 people. Gongaware said he worked directly with Randy Jackson on the memorial. It cost over a million dollars, AEG and MJ's estate bore the cost. (ABC7) Gongaware said AEG and the estate spent more than $1 million on Michael Jackson’s memorial service. (AP) "I'm glad I did what I did," Gongaware said, adding memorial was shown to millions of people interested in MJ around the world. (ABC7)
Putnam tried 2 rebut all the claims that Gongaware changed his testimony. Gongaware said he feels he hasn't changed his answers (ABC7)
Putnam also showed jury Gongaware’s police statement. Panish had said his comment to police was different from testimony. Panish keyed in on whether Gongaware testified that it was five weeks or two weeks between his 1st two conversations with Conrad Murray. The police statement said Gongaware told detectives a few weeks separated the calls regarding Murray and the contract. (AP)
Another document that defense attorney Marvin Putnam showed Gongaware was Lou Ferrigno’s contract. Ferrigno’s three-page contract designated him as an independent contractor. It was signed by AEG accounting exec Julie Hollander. (AP) Putnam showed independent contract agreement with Ferrigno fully executed. Julie Hollander signed on behalf of AEG effective April 27, 2009. (ABC7)
Putnam finished his examination of Gongaware by showing him Conrad Murray’s contract. (AP) Putnam questioned Gongaware about Dr. Murray's contract. The exec said MJ had to sign it in order for it to be valid. (ABC7) Putnam showed Gongaware language in the agreement that said Michael Jackson had to sign agreement for it to be a valid contract. Putnam also keyed in on language that said Murray was being engaged “on behalf and at the expense” of Michael Jackson. (AP)
Jackson redirect
Then it was Brian Panish's turn again. He said there isn't a date on the contract showing when Julie Hollander signed Ferrigno's agreement. (ABC7) Panish questioned Gongaware about whether Ferrigno’s contract may have been signed after Jackson’s death. Gongaware said he didn’t think he sent any contracts to Julie Hollander after Jackson’s death. (AP) Panish pointed out that Hollander was signing contracts after MJ had died. He asked to see the original contract. Panish: Lou Ferrigno was retained by AEG, right? Gongaware: Yes (ABC7)
Panish asked Gongaware whether he thought it would have been better for him if he had reviewed documents and e-mails before testifying. "I relied on the advice of my attorney," he said. "All this legal stuff, I don't understand it," he said. (CNN) Gongaware said he expected his lawyers would act on his best interest and that testified truthfully and factually in his deposition. Panish asked if Gongaware expected to be believed now when he wouldn't recall his answers in deposition. Defendant objected, judge sustained (ABC7)
Panish also repeatedly referred to the number of AEG Live defense lawyers in the courtroom. He was later admonished to stop mentioning them. Putnam had noted that Katherine Jackson's side was being represented by four law firms. Panish said he didn't care if Putnam brought it up (AP)
With that Paul Gongaware was excused, subject to recall if needed.
Randy Phillips Testimony
Jackson direct
Phillips said he met w/ 6 attorneys to prep for testimony between 6-8 times over the last two weeks, probably for about 30 hours. Phillips said he went through a bunch of emails, probably 30, from the period in question. He also read his deposition. Phillips said he didn't prepare for the deposition. "They (attys) felt it would be better if I went in without any preparation." (ABC7) Randy Phillips, the chief executive officer of AEG Live, disclosed that his lawyers advised company executives not to review old e-mails before testifying. "They felt it would be better if I went in without preparation," he said, referring to his lawyers. (AEG Live lawyer Marvin Putman said outside of court that the volume of documents they would have needed to review was massive, making it impossible for them to prepare. ) (CNN)
Panish asked Phillips whether he was eager to tell his side of the story.
"I believe you called me as a witness, so I'm here," Phillips said flatly. (AP)
Phillips attended two years of law school, but didn't graduate. (ABC7)
Panish: Who's higher up than you at AEG Live? Phillips: No one at AEG Live P: You are the top dog, so to speak? P: Yes. Phillips reports to an executive committee who would then report to Tim Leiweke. Phillips said he doesn't know why Leiweke left the company. Phil Anschutz now belongs to the executive committee. (ABC7)
Panish at one point asked the executive whether he was familiar with the music industry.
"Familiar with the music industry? I was working in it," Phillips replied. (AP)
Phillips said he agreed with statements attributed to him and defense attorney Marvin S. Putnam that the case was a shakedown. "Yes or no, answer? Yes," Phillips said in response to a question by Katherine Jackson's attorney Brian Panish. (AP)
Panish: Do you think this is an extortion, shakedown lawsuit? Phillips: Yes or no answer? Yes. Panish: Did you sign a document under the penalty of perjury saying Mrs. Jackson aided and abetted Joe Jackson to extort money from AEG? Phillips: It's possible, I don't remember. "I wish you wouldn't keep calling it a baseless shakedown lawsuit," Phillips told Panish. Panish: You believe this case is an extortion, correct? Phillips: Yes (ABC7)
Panish: You told Mr. Ortega that AEG checked everyone out, including Dr. Murray? "I wrote in an email to Kenny Ortega that I thought Dr. Murray had been checked out. I still do, to some extent," Phillips said. Panish: You said he was a great doctor? Phillips: Because that's what I was told. Panish: Did you write email that AEG checked everyone out? Phillips: Yes, I did Panish: That was not true Phillips: In retrospect, not 100%. "It's what I knew at the time," Phillips said. (ABC7)
"I wrote it in the e-mail that I thought at the time he had been checked out," Phillips testified Tuesday. He wrote that Murray was successful "because that's what I was told," he said. "In retrospect, it's not 100% true," Phillips said. "There's what I thought at the time versus what I learned afterwards. (CNN)
Panish: Isn't it true you said AEG live doesn't lose money, sir? Phillips: Among other things I said. Panish showed Phillips a Forbes article where he said AEG is about making money, since they are a business. Live Nation is the largest concert promoter in the world, Phillips said. Panish: Do you like being number 2? Phillips: Love it! I'd rather be a successful number 2. Panish: You don't want to be number one? Phillips: Not if it means losing money. Phillips said Mr. Anschutz told him he's happy being a number 2. (ABC7)
Panish asked if it was true Phillips wanted 2 meet with MJ to tour in 2007. Phillips answered it was the opposite, they asked for a meeting. Panish: Please don't argue with me, I'm going to argue w/ you and will get in trouble Phillips: That's an incentive now (Everyone laughed) (ABC7)
Jackson lawyer Brian Panish, who has been previously told by the judge not to argue with witnesses, quickly tangled with Phillips.
"Please don't argue with me because then I will argue back and get in trouble," Panish told Phillips at one point.
"Then that's an incentive for me," Phillips joked. (CNN)
Panish: Did you learn Colony Capital purchase note on Neverland? Phillips: Yes BP: Is Barrack one of principals on Colony Capital? RP: Yes. On 6/13/08, Phillips sent email to Colony Capital with a summation of plans for MJ for four years. Email: I caution you that MJ is not fast and a total perfectionist (needs to be controlled as much as possible). Phillips said he was referring to MJ's spending. (ABC7)
Panish: Neverland was his beloved home, right sir? Phillips: Hard to answer, because of the things MJ told me. (ABC7)
When the executive appeared to crack a smile, Panish asked if he thought the proceedings were funny. "No, I think it's tragic." Phillips replied. (AP) Panish: Do you think any of this is funny, sir? Phillips: No, I think it's tragic (ABC7)
Tohme Tohme was a business associate with Colony Capital, who was also working with MJ. Panish asked if Phillips thought there was a conflict of interest with Tohme working for Colony and MJ. He said no. (ABC7)