Jacksons vs AEG - Day 25 – June 6 2013 – Summary
No Jackson family is at court
Randy Phillips Testimony
Jackson direct
Plaintiff's attorney Brian Panish started out by asking AEG Live CEO Randy Phillips about his preparations for today. Phillips said he spent about 2 hours and 15 minutes preparing for today's testimony. Today's testimony was very focused on emails. (AP)
Panish asked Phillips who subpoenaed his phone records. The exec confirmed it was LAPD. (ABC7)
Panish focused almost all his questions on emails that Phillips received or sent on June 19th and 20th 2009. He focused on emails we've seen before from production manager John "Bugzee" Hougdahl and director Kenny Ortega. (AP)
Panish went thru some of the calls Phillips made. On 6/18/09, Gongaware sent an email to Phillips with all of Dr. Murray's phone numbers. Panish: Do you normally carry around all the contact numbers of your artist's personal physicians? Phillips: Absolutely not! "Most of the artists we don't deal with their personal physician," Phillips explained. (ABC7)
Bugzee's email titled 'trouble at the Front' opened with him saying he didn't want to be a "drama queen." (AP) Next Panish referred to the email with the subject "Trouble at the Front" from Bugzee saying MJ went home without stepping foot on stage. "I think I read this email before I went to bed on 6/19," Phillips said. Panish pointed at deposition Phillips said he read it after sunrise. "I don't want to argue with you either, I don't think it's fair to the jurors," Phillips told Panish after a short exchange between them. "Since the deposition, my memory had gotten better because I was given documents and tried to remember what happened," Phillips testified. (ABC7)
Panish: You are not a drama queen, right? Phillips: Sometimes "Yes, I'm under oath," Phillips joked about having to tell the truth. (ABC7)
What changed from your deposition and today? Nothing, absolutely nothing, just that I'm very prepared, Phillips answered. (ABC7)
Panish: Did Mr. Jackson have a problem on June 20th? Philips: Absolutely (ABC7)
Panish asked if Phillips remembered his reaction after receiving this email. "Yes, yes. Concerned," Philips responded. Panish showed video of Phillips' deposition where said he didn't remember how he reacted when the received the email (ABC7)
Hougdahl relayed a quote from Jackson that night, in which he said, "You aren't going to kill the artist, are you? Phillips said he thought Jackson was joking, but seemed to back off after Panish reminded him he wasn't at the rehearsal. (AP)
"We have a real problem here," Phillips wrote his boss that night. (AP) Tim Leiweke was Phillips' boss at the time. Within 19 mins of receiving Bugzee's email on the evening of Jun 19, Phillips forwarded Bugzee's email adding "We have a real problem here." Just over four minutes later, Leiweke responded the email asking for a meeting between him, MJ, Phillips and Kenny Ortega. Phillips said he forwarded the email to Ortega and asked him to set up the meeting. Ortega responded yes to the email next morning. The meeting Tim asked didn't happen that day, Phillips explained. But there was a meeting in the afternoon of June 20th, he said. (ABC7)
Bugzee replied back to Phillips that MJ needed a shrink and trainer, deteriorated in front of his eyes for eight weeks. "That's what he wrote, I'm not sure exactly what he meant," Philips said. Panish asked what Bugzee said about the 360 turns: "He was telling me MJ couldn't do a 360 spin." "I know what he said, but until we had the meeting I didn't know what was going on," Phillips said. Panish: It shows someone's physical condition deteriorated, right? Phillips: It shows that there's a problem, yes. "The word deteriorate may not be what happened. I didn't know what was going on until we had the meeting," Phillips said. (ABC7)
Phillips then forwarded the email chain to John Branca, Joel Katz, Tim Leiweke (his boss), adding "Unfortunately we are running out of time" (ABC7)
Phillips received another email from Bugzee saying MJ was shaking and couldn't eat, Ortega had to cut his food, feed him. Phillips answered the email saying he was not sure what MJ's problem was, chemical or physiological. Panish went thru 5 different answers Phillips gave as explanation for this email, from not knowing what chemical means to possible drug reaction. (ABC7)
Ortega then sent another email to Randy, saying he believed MJ needed to be psychologically evaluated. Phillips testified today he agreed with what Kenny said. In his deposition, Phillips said he didn't recall. (ABC7)
He also rejected the idea that he was responsible for Jackson's health. "I'm not responsible for his medical needs," Phillips said. "We're promoters — that's what we do." (AP)
"I'm not responsible for Michael's health, he's an adult, he had a personal doctor," Phillips said. Phillips testified he didn't contact any psychologist or psychiatrist after Bugzee and Ortega said MJ should be checked out by one of them. (ABC7)
Phillips testified he never said he was going to pull the plug on the show and never threatened MJ with pulling the plug. Panish asked if Phillips ever told Ortega it was not his job to question MJ's health/doctor care. He replied no. (ABC7)
Branca responded to the email from Phillips saying he had the right therapist/spiritual advisor. The email does not name who the doctor is, but Phillips testified shortly ago that he remembered a name. He said he was wrong about it. Some jurors shook their heads when Phillips and Panish argued with each other and judge intervened. Panish: Did Mr. Branca ever tell you who the psychiatrist was? Phillips: No Panish: Did you ask him for the name?
Phillips: No Panish: Did you ever do anything? Phillips: Only the meeting on the 20th (ABC7)
Michael Kane was MJ's business manager. On 6/20, he responded to Phillips saying "And I thought it couldn't get worse." Kane asked Phillips in an email on June 20: "Would a financial coming to Jesus speech help or add to his pressure?" It was response to Phillips' email "This is why it's impossible to advance any money. He may unfortunately be in anticipitory breach at this point". "He (Kane) asked for a million dollars to pay for Mr. Jackson's bills," Phillips testified. Panish: You anticipated MJ would breach the contract by not showing up to rehearsal. Phillips: Yes . None of our agreements have artist need to rehearse, Phillips said, but the artists want to perfect their show, he said. Phillips said if MJ's lack of appearance caused production to not complete, show not open in London, MJ could be in breach of his contract. (ABC7)
There was one email from Phillips from morning of June 20, 2009 , it was sent to MJ's business manager. "This is why it is impossible to advance any $$$. He may, unfortunately, be in anticipatory breach at this point" _ Phillips wrote. The manager, Michael Kane, quickly replied, “And I thought it couldn’t get worse.” Phillips was asked what he meant about the "breach" statement. He said he felt Jackson was obligated to rehearse. (AP)
The next day, Jackson’s business manager, Michael Kane, emailed Phillips, asking for the advance. AEG already had lent the singer more than $30 million for production costs on “This Is It,” settling a lawsuit in Bahrain and for rent on a Holmby Hills mansion.
Phillips replied, “This is why it is impossible to advance any $$$. He may, unfortunately be in anticipitory (sic) breach at this point.”
“And I thought it couldn’t get worse,” Kane wrote back.
“It could,” the CEO replied. “Kenny Ortega could quit.”
Kane asked, “Would a financial coming to Jesus speech help or add to his pressure?”
“It would help,” Phillips wrote back. “At this point we need to break through. I am going to call his doctor to discuss.” (LATimes)
"Required is a little too strong, I was concerned that if he didn't go to rehearsal Kenny could not finish the production," Phillips said. “I felt Michael had that obligation, yes," Phillips said about MJ needing to be at rehearsals. If MJ said he didn't need to go to rehearsals, he could've been in breach of this contract, Phillips said. (ABC7) He denied Thursday that he ever threatened Jackson over missed rehearsals. "We would have never dealt with Michael that way," he said. (AP)
Phillips would not advance any more money to MJ on June 20th because Michael may had been in breach of contract already, Phillips testified. "AEG Live would've survived it (show) not happened," Phillips said. He agreed that part of his concern was that AEG Live would look bad. (ABC7)
“You felt Mr. Jackson’s not going to rehearsal ... may have placed him in breach of the contract. That’s why you wouldn’t advance him any more money?” Panish asked.
“Yes,” replied Phillips.
Phillips agreed there was a lot of money at stake on the tour, but he said he also was concerned about Jackson’s career if he pulled out.
Panish asked about the damage canceling the concerts would mean for Phillips and AEG.
“Of course. Part of it. Yes.” (LATimes)
Panish talked about the email Ortega sent saying MJ needed a strong therapist and immediate physical nurturing. "I think he needed both, so in this case I'm not sure he meant therapist or psychiatrist," Phillips said. (ABC7)
After Ortega wrote him an email saying the singer should be “psychologically evaluated,” Phillips wrote back, “I am stymied on who to bring in as a therapist and how they can get through to him in such a short time.”
Phillips first testified he thought Ortega meant a physical therapist, then switched to physical or mental health therapist and then finally agreed it was a mental health professional. He said neither a psychiatrist nor a psychologist was contacted. (LATimes)
Panish made a mistake in one exhibit and Phillips reacted immediately. "See, we all make mistakes," Phillips said. Panish quickly responded "I haven't made 50 of them" to which Phillips said "I don't know, I haven't watched the entire trial." (ABC7)
Phillips said the meeting with the doctor was at the request of Frank DiLeo. (ABC7) Phillips' testimony ended for the day before he discussed meeting with Murray, Ortega and others. Panish wanted to play a Frank Dileo voicemail that was played during Murray trial trying to set up a meeting and get Jackson tested. Judge tentatively rules the voicemail couldn't be played for this jury on hearsay grounds. (AP)