Jacksons vs AEG - Day 26 – June 10 2013 – Summary
Katherine Jackson was at court for the morning session
Randy Phillips Testimony
Jackson direct
Panish showed an email from Tim Leiweke (CEO of AEG) to Dan Beckerman (CFO/COO of AEG) in which Beckerman described Phillips as jittery. "Trouble with MJ," Leiweke wrote in email to Beckerman on Jun 20. "Big trouble." Beckerman responded: "I figured something might be wrong given how jittery Randy has been this week. Is it "pre-show nerves" bad or "get a straight jacket/call our insurance carrier" bad?" Phillips said he was not jittery, but concerned with the show. Jittery mean shaking and he said he doesn't think that's how he was. (ABC7)
Phillips said Dr. Murray receiving $150k per month being the cause of MJ's sickness in June of 2009 never crossed his mind. (ABC7)
Phillips said he did not recall what was discussed in a phone conversation with Murray. In his video deposition that was shown to the jury, Phillips first said the conversation lasted three minutes. He was shown phone records that showed it lasted 25 minutes. (LATimes) Phone records show Phillips had a 25 minute phone call with Conrad Murray after Kenny Ortega’s emails on June 20, 2009. (AP) Dr. Murray and Phillips spoke for 25 minutes. Phillips said he didn't think the call lasted that long, doesn't recall what they talked. "It's very possible I might have even read him these emails," Phillips testified, referring to the "Trouble at the Front" chain. "I would not have discussed his health other than what it was in the content of the emails," Phillips said, doesn't recall the conversation. (ABC7) Phillips said he couldn’t remember the details of the conversation with Murray. (AP)
Phillips said everyone in the "This Is It" production got a list with everyone's phone numbers. He doesn't know how Dr. Murray got the list. (ABC7) Phillips was asking about how Conrad Murray got his home phone #. He initially said it might have been on a list given to tour personnel. Phillips then said that Murray may have gotten it from Jackson’s former manager, Frank Dileo. (AP) Phillips testified that Dr. Murray called his home number. Phillips said he doesn't know how the doctor had his home number. Panish showed picture of the business card Phillips gave Dr. Murray with his cell number on the back. The card was found in the doctor's car. (ABC7)
Panish: The doctor, show manager and director were telling you MJ was deteriorating?
Phillips: I don't remember what I talked to the doctor (ABC7)
Panish talked about email Phillips wrote to Ortega on Jun 20:
"Kenny, it's critical that neither you, me or anyone else around this show become amateur psychiatrist or physicians. I had a lengthy conversation with Dr. Murray, who I'm gaining immense respect for as I get to deal with him more. He said that Michael is not only physically equipped to perform and, that discouraging him to, will hasten his decline instead of stopping it. Dr. Murray also reiterated that he's mentally able to and was speaking to me from the house where he has spent the morning with MJ. This doctor is extremely successful (we check everyone out) and does not need this gig so he totally unbiased and ethical. It is critical we surround Michael with love and support and listen to how he wants to get ready for July 13th. Cont'd: You cannot imagine the harm and ramifications of stopping this show now. It would far outweigh "calling this game in the 7th inning". I'm not just talking about AEG's interests here, but the myriad of stuff/lawsuits swirling around MJ that I crisis manage every day and also his well-being. I am meeting with him today at 4p at the Forum. Please stay steady. Enough alarms have sounded. It is time to out out the fire, not burning the building down. Sorry for all the analogies. Randy (ABC7)
Phillips said he thought Dr. Murray was extremely successful based on the clinics he had and business he would've to close to go on tour. "It was an assumption I made," Phillips conceded. Panish: And that was not true, correct? Phillips: In retrospect, that's correct (ABC7)
As to the "we check everyone out" reference in the email, Panish asked if that was a true statement or untrue. P hillips: It's not, it's hard to say yes or no on that. It is not true because everyone would imply everyone. Panish: "We check everyone out" is a false statement you wrote to Mr. Ortega, correct? Phillips: In retrospect, yes (ABC7)
Panish asked about the reference "he doesn't need the gig". "I made another assumption based on the information I had," Phillips explained. "I didn't have any basis to say he was unbiased and ethical," Phillips testified. (ABC7)
Phillips said at the time he thought the information he wrote was true, but agreed he had no basis for his opinion. (ABC7)
Panish then asked Phillips about an email he sent “This Is It” director Kenny Ortega, telling him Murray was “unbiased and ethical.” The email serves as Phillips’ best recollection of his conversation with Dr. Murray. This morning, Panish frequently asked Randy Phillips whether he was truthful with Ortega. Panish: “Did you make that up and lie to Mr. Ortega?” Phillips: “No, I don’t lie.” (AP)
In the email, he tells Ortega that Murray told him that ending shows could hasten Michael Jackson’s decline. Panish used the email to try to show that 3 people _ Ortega, Murray and John Hougdahl _ were warning Phillips about Jackson’s health. Phillips said Murray didn’t agree with the assessments of Jackson’s health by Ortega and Hougdahl (the tour production manager) After multiple questions, Phillips said many of the statements in the email about Murray weren’t truth. Those statements included that AEG Live checked everyone out, and that Murray was an accomplished doctor who was unbiased and ethical. “At the time, I thought it was the truth,” Phillips said of the above statements. (AP)
Under contentious questioning from Jackson family attorney Brian Panish, Phillips said he was wrong when he characterized Murray as extremely successful, when he said AEG checked him out and when he said Murray was unbiased and ethical. Phillips said Murray was "extremely successful" because the doctor had closed down several clinics to treat only Jackson for $150,000 a month. “You would call it a false statement, I would call it an assumption,” Phillips said. Panish: "So what you wrote you admit was not true?" “At the time I thought it was,” Phillips said.(LAtimes)
Phillips described that in a hardly-charged situation like the one they had, he just wanted to keep the situation under control. "I just wanted to calm things down until we had the meeting," Phillips explained.(ABC7)
Phillips testified he wrote email to Sony exec asking her to remind him to tell her where Dr Murray was the night he was to be caring for MJ. Judge only allowed plaintiffs' attorney to say it was a social establishment, but the place was a strip club. (ABC7)
Plaintiff’s attorney Brian Panish then asked Phillips about suggestion that Jackson needed a psychiatrist. Phillips confirmed what he said last week -- he never consulted a psychiatrist. He said today it wouldn't have been appropriate. (AP) As to having mental health professional, "no one brought a psychiatrist," Phillips said, "because MJ didn't need one," Phillips opined. (ABC7)
Phillips testified he had conflicting information coming from Dr. Murray and Kenny Ortega regarding MJ. Panish pressed Phillips about the fact that he sent completely opposite emails to Ortega and AEG high ups. "It was because they were sent for different purposes," Phillips explained. (ABC7) Of the statements to Ortega, Phillips told the jury, “I just wanted to calm things down until we had this meeting.” (AP)
Before the morning break, Panish showed some of the emails he showed Phillips last week. Panish only had his copy, which had notes on it. Panish gave Phillips his annotated version of the email, but Phillips refused to look at them. Flipped them over so he couldn't see them. “I don’t want to help you with your case,” Phillips said of reviewing Panish’s annotated copies of the emails. That brought some laughter. Phillips was ultimately given a clean copy of the emails, provided by his defense lawyers. (AP)
Phillips said he remembers the meeting on June 20th lasted at least an hour. Dr. Murray and Phillips were sitting in one couch, MJ was in a bench and Ortega on another couch. In his deposition, Phillips said Ortega talked about MJ's physical and mental status. On the stand today, Phillips explained Ortega did very little talking in the meeting. "He addressed Michael coming to rehearsals." "I do not believe he talked about MJ's physical condition and mental state. Dr. Murray did most of the talking," Phillips testified. Panish pressured Phillips about him changing the testimony. "My memory is getting better about the events of four years ago," Phillips said. "The purpose of the meeting was to find out what was happening with MJ because of the events on the 19th," Phillips said. Panish: Did Mr. Ortega say he was concerned MJ was not getting enough sleep? Phillips: I don't remember if he asked that question. "I know he asked about the food, but I'm not sure if he asked about the sleep," Phillips said. Phillips testified that MJ's lack of sleep was not material discussed, but admits it could've been. Panish: Dr. Murray contradicted what Ortega said in the email, correct, sir? Phillips: Yes. "Dr. Murray, said there wasn't anything wrong with MJ," Phillips expressed. "MJ said there wasn't anything wrong with Michael Jackson." "I don't know if there was a mental problem," Phillips said, highlighting that at least Dr. Murray was a doctor. "He just assured Mr. Ortega that MJ was fine and was going to attend rehearsals," Phillips testified Dr. Murray said in the meeting. (ABC7)
Without getting into details, Phillips said Ortega and Murray "were a little combative" at the meeting. Phillips said Murray reassured everyone that Jackson's health was fine. He said Jackson also assured them nothing was wrong with him. He said Murray told the group that Jackson may have had the flu, or some similar ailment. He said Jackson's health was discussed. Phillips said he couldn't recall whether Jackson's sleep issues were discussed. A portion of Randy Phillips' deposition was played in which he said sleep issues were discussed at the June 20, 2009 meeting.(AP)
Phillips was shown an email in which tour accountant Timm Woolley told an insurance broker that Phillips & Murray would get MJ to rehearsals. Phillips denied getting Jackson to rehearsals was part of his duties. (Phillips wasn't copied on the email.) (AP)Phillips said Timm Wooley's reference that Phillips was responsible for MJ's rehearsal and attendance schedule is mistaken. (ABC7) The email also claimed that Kenny Ortega may not have been demanding enough of Jackson to rehearse. "Either way, there are others designated to ensure MJ is front & center for rehearsals," Woolley wrote to the insurance broker. (AP)
Meeting on June 20th happened in the afternoon, Phillips said. Panish asked if MJ was shaking in that meeting. Phillips said no, not at all. Vase was broken in one of production meetings, Phillips explained. He said Frank Dileo, Paul Gongaware, himself were present. Phillips said he doesn't know who broke the vase, but he thinks it may have been Frank DiLeo. (ABC7) Phillips denied a vase was broken during the June 20th meeting at MJ's house. He said that happened at an earlier meeting. Phillips said he thought Frank Dileo may have broken the vase. There wasn't more spelled out about what happened in today's testimony. (AP)
Panish: Did you have a meeting with MJ where you threatened to pull the plug and take everything he had? Phillips: No. Panish: Did you tell him he would lose everything, including his children, if the show didn't happen? Phillips:That's ridiculous, no. Phillips said MJ was a phenomenal father. Phillips denied ever saying to anyone at the meeting that MJ was on skid row or going to become homeless. Panish: Did you ever tell MJ you were paying for his toilet paper? Phillips: No. (ABC7) Phillips denied that Murray said during the June 20th meeting that he "couldn't take it anymore." Phillips denied that Murray's contract was discussed at the meeting, saying that would have been inappropriate. As to whether he threatened to pull the plug on "This Is It," Randy Phillips said, "Absolutely not." Among other statements Phillips denied making: that Jackson would be on Skid Row, and that AEG was paying for the toilet paper in MJ's home. (AP)
Phillips was also asked about emails a couple AEG executives (former CEO Tim Leiweke and Dan Beckerman) traded about him. The email described Randy Phillips as jittery, and alluded to either him or Jackson having a "mental breakdown." Phillips denied he was having a mental breakdown, and said he didn't want to put words in the other executives' mouths. (AP) In the deposition played to the jury, Tim Leiweke said the reference to "mental breakdown" in the email could've been Randy Phillips not MJ. Panish played depo of Dan Beckerman, in which he said he didn't recall what prompted him to say Phillips was jittery. Panish: Did you think that MJ needed a straight jacket? Phillips: It was a generic comment. Phillips said it was a question of "stage fright and the show will go on" or "I can't do this let's cancel" scenario. Panish: Do you think MJ needed a straight jacket? Phillips: No, I don't think MJ needed a straight jacket. "I wasn't jittery, but I was nervous," Phillips described. (ABC7)
Questioning then moved back to the June 20th meeting, with Phillips describing Murray as "demonstrative" toward director Kenny Ortega. Phillips said Murray's message to Ortega was essentially "stay in your lane" and not to interfere with medical issues. (AP) "The meeting got a little bit heated when Dr. Murray was admonishing Kenny," Phillips recalled, but said hostile is too harsh of a word. Phillips said lack of sleep was discussed in the June 20th meeting, but wasn't the main focus. Phillips said the reason of the meeting was to find out what happened in the night before, what was the issue and also MJ missing rehearsals. Phillips said MJ had the best two rehearsals after the June 20th meeting. "Kenny told Michael to take the next two days off, spend some time with the kids," Phillips testified. (ABC7)
Phillips was then asked about emails he sent to Leiweke, others, about the results of the June 20th meeting at Jackson's house. This was after Jackson's attorney John Branca earlier in the day had suggested a counselor to work with Jackson. Phillips email:"Anyway, things are not as bleak as Kenny’s emails. John, now is not the right time to introduce a new person into his life.” (AP)
After this email is when Phillips made the "badgering" comment to Panish that prompted Judge Palazuelos' admonition to him. (AP)
Suddenly, judge decides to take a break at 2:24 pm PT and sent jury out of the courtroom. Outside the presence of the jurors, judge admonished Phillips for not answering the questions asked. "Mr. Phillips you need to answer questions," said Judge Yvette Palazuelos, frustrated. "Lawyers are trying to getting the answers." Judge told Phillips that arguing with the lawyers isn't really going to help his case, it will just lengthen his testimony. She noted his testimony is taking much longer than expected, and at this pace he will be here for another week. Phillips told the judge he's just trying not to say the wrong things or be caught in tricky questions. Judge: It seems like they are pretty straight forward questions, but when you offer info, it may not be good for you. AEG's attorney Jessica Bina defends Phillips saying the questions are compound, but that she believes he's trying to answer the questions. Panish said he wants to finish today, that he hasn't argued with the witness or judge. "I really tried hard, for me, it's hard!" Panish said. Phillips said he understood and wants to go back to work as well. Promised to be better. (ABC7)
Jurors were sent from the courtroom before the judge addressed Phillips, who has sparred with Katherine Jackson’s attorney Brian Panish throughout his testimony. The lawyers have been repeatedly warned by the judge about the behavior. “Arguing with the lawyers isn’t really going to help,” Palazuelos told Phillips on Monday. “It’s not going to help your case. It’s not going to help anybody.” Phillips said Panish was repeatedly asking him questions about the same subject. “I’m just trying not to say the wrong thing,” Phillips said. (AP)
Regarding the straight jacket email, Phillips said the way he read it he can't tell if were are referring to him or MJ. Panish pointed out that insurance was only if MJ had a break down, not Phillips. Thus, the email must've referred to MJ. (ABC7)
Phillips said the email he wrote saying "this guy is trying to concern me" was referring to Kenny Ortega. "I had two concerns: wanted Kenny to be open minded until the meeting and I didn't want Kenny to quit," Phillips explained. At this point they were about $30 million plus in advance, Panish said. Phillips said it was about $28 million, which was a lot of money. (ABC7)
Email on 3/13/09 from Leiweke to Phillips:
Phil (Anschutz) can be such a paranoid scrooge. He thinks he's smarter than everyone. (ABC7)
After a break and admonition, Phillips testified about some of his concerns surrounding the show.He said he was concerned about Ortega. Phillips said he was concerned that Ortega as getting into an "entrenched position" regarding Jackson's health and rehearsals. Phillips: "I was also quite concerned that Kenny would throw up his hands in the air and quit." The CEO was talking directly to jury. (AP) Phillips said again that his concern with Ortega was that he wasn't going into the meeting with an open mind and that he was going to quit. Panish played Phillips deposition where he said he didn't remember what he was concerned about regarding Ortega. "I think my answer today is clarification," Phillips said, adding he did not change his testimony. (ABC7) Plaintiff's attorney questioned Brian Panish whether his descriptions of Ortega fears was something he "just remembered right now." Phillips responded, "I'm remembering a lot of things now." Panish shot back that Phillips hadn't remembered many thing during deposition. (AP)
In his depo, played to the jury, Phillips said there were no discussions on June 20th about MJ taking a couple of days off. However, in court today, Phillips testified Ortega suggested that MJ take two days off. (ABC7)
After the June 20th meeting, Jackson took two days off and resumed rehearsals.
At that point, Phillips began working out of Staples Center. Phillips said one of the changes to come out of the June 20th meeting was that he would be at Staples, look in on rehearsals. (AP)
Phillips was also shown an email from his assistant, looking for a physical therapist for Jackson on June 22, 2009 _ 3 days before MJ died.(AP)
At this point, Phillips was asked about Arnold Klein. He was shown an email from Jackson's business manager Michael Kane. Kane: "On the list of doctors that will help get (us) from today to the opening night, where does Arnold Klein stand on the list?" Phillips responded about Klein: "He scares us to death because he is shooting him up with something.” Phillips said Kane offered to show him a $48k bill Klein submitted for treatments. He said he took a look at it. (AP) On Jun 23, Michael Kane wrote to DiLeo and Phillips: Where does Arnold Klein stand on the list? (of doctors caring for MJ). Phillips said he maintains his position that he didn't know what, if anything, any doctor was giving MJ prescription drugs. "He scares us to death because he is shooting him up with something," Phillips wrote back. Kane responded: Well since we owe him $48k and he wants payment maybe I should stop paying him and he'll stop shooting him up. I have the details of what he is doing. (ABC7)
Phillips told jurors the email was a response to a $48,000 bill that Jackson's manager received for the treatments by Dr. Arnold Klein. "He scares us to death because he is shooting him up with something," Phillips wrote. The treatments included numerous shots of cosmetic drugs such as Restalyne and botox, as well as other unidentified intramuscular shots, Phillips said, citing the bill.(AP)
Phillips was asked about Jackson's rehearsals on June 23 and 24. He said he couldn't remember which songs were performed which day. (AP) Regarding the rehearsals on June 23rd and 24th, Phillips said he watched them in its entirety. Panish: MJ never did the whole show, did he, sir? Phillips: No. "He wouldn't have, they were not ready for that," Phillips explained. Panish: Was MJ cold on the 23rd? Phillips: I don't remember. Phillips said he watched the entire rehearsal, which lasted about 3 hours. He said MJ was engaged about an hour and a half to two hours. Phillips said he doesn't remember whether MJ was chilled on June 24th. Panish: Did you ever see MJ walking around in blankets? Phillips: It's possible, because the place was freezing. But I don't remember. (ABC7) Phillips said Jackson never performed an entire run-through of "This Is It" show. "He wouldn't have, they weren't ready for that," he said. Panish asked Phillips whether Jackson looked cold. Phillips said he didn't remember. He described Staples Center as "freezing." (AP)
On 6/25/09 the insurance broker wrote to Dr. Murray at 12:54:15 pm, probably London time (approximately 5 to 5am LA time): Email: We are dealing with a matter of great importance and your urgent attention would be greatly appreciated. The email talked about getting MJ's medical records. Phillips said he learned from the media that Dr. Murray had been treating MJ since 2006.Panish: This is Dr. Murray doing something to help AEG get insurance, fair enough? Phillips: Fair enough (ABC7)
On 8/18/09 Phillips wrote email to Michael Roth: I think I know what MJ died of and this would exonerate Conrad. Lionel Richie's ex-wife Brenda called Philips and said MJ died of a combination of other drugs and Propofol. Phillips said he never told police, the DA or Dr. Murray's attorneys about it because he thought the info was not reliable. Panish: Did you want Dr. Murray to get exonerated? Phillips: I'd always want an innocent man not to get convicted. Panish played video of Phillips' deposition where he said he didn't remember what the information was but his memory has been refreshed (ABC7)
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Judge then adjourned session for the day. Trial resumes tomorrow morning at 9:30 am PT. Panish said he has one more hour of questioning. The attorneys estimated Phillips will be done testifying by Wednesday afternoon. (ABC7)