Jacksons vs AEG - Day 29 – June 13 2013 – Summary
(Source: Majority of the below is from ABC7 unless otherwise indicated)
Randy Phillips Testimony
AEG cross
Jurors viewed a lengthy clip of Michael Jackson as he rehearsed "Billie Jean." some jurors could not help but smile. Phillips wiped his eyes. Jackson performed his iconic gyrations. Phillips testified that video, shot weeks before Jackson died, showed no signs of health problems.
Putnam showed "Trouble of the Front" email chain that Randy Phillips forwarded to MJ's team at the time saying we have a real problem here. Phillips: I thought it was essential they got this information, I wanted to be completely transparent with his management team. "I wanted everybody to be in the loop of the information I was getting,"
Phillips said. "I didn't know what the problem was," Phillips said, adding MJ never told him he wasn't ready or didn't want to perform. Phillips said that he never said nor had any discussions about pulling the plug on the tour. "Michael's only obligation was to show up and perform a class act show at opening night," Phillips explained.
Phillips said he never mentioned a substance abuse could be the problem. John Branca, MJ's lawyer, inquired if it could be the issue.
Phillips said he does not remember ever seeing a contract where the artist is required to rehearse. "The only requirement an artist had is to deliver a class act show," Phillips explained. Enrique Iglesias never showed up to rehearsals in the last tour Phillips did, the exec said. "I thought it was odd, but Enrique Iglesias showed up in Boston, did an amazing show, got great reviews."
Phillips said he expected MJ to rehearse because he hadn't been on stage over 12 years. "As everything with MJ, this production was the biggest, the best, the greatest the world has ever seen," Phillips explained. Phillips testified MJ told Kenny Ortega he did not need to rehearse because he had been dancing his songs all his life.
Putnam: Did you ever tell MJ or his management team he was in breach of his contract? Phillips: No
Putnam: Did you discuss MJ's medical treatment with Dr. Murray? Phillips: No
Phillips said he never discussed substance abuse or use of Propofol with Dr. Murray.
Phillips explained in the 25-minute conversation with Dr. Murray he recounted information he received from Kenny Ortega and John Hougdahl. "It was actually very confusing," Phillips said. "had emails from Kenny and Hougdahl and then Dr. Murray assuring me MJ was fine." Phillips said Dr. Murray told him MJ was fine, he wasn't sure what was wrong with him in the rehearsal the night before, maybe the flu. Putnam: Did you know what was going on? Phillips: Not a clue, I was very confused. After that, Phillips said he sent an email to Ortega detailing his conversation with Dr. Murray. "He (Dr. Murray) was just so calm on the phone, and sure of what he was saying, he was very believable," Phillips said. That's why Phillips wrote in the email he was respecting Dr. Murray more and more. Phillips: I think it's important to give him love, support, not second guess, give diagnosis of what we think the problem is
Putnam: At the time you wrote 'the doctor is extremely successful', did you believe this to be true? Phillips: Yes
Phillips: I was told he had asked $5 million to buy out clinics in 3 different states. To me, hearing that, meant he was a successful doctor
"We check everyone out" reference in Phillips' email: Putnam: Did you mean u performed financial background check on Dr Murray? Phillips: No
"That referred what in my mind is the process we go through when we do business with third party vendors," Phillips explained.
Phillips said at that point he had sufficient information to believe what he wrote was true.
Phillips said he wouldn't even think of checking a doctor's finance to determine whether he's fit to practice medicine. Phillips: Never occurred to me if a doctor was a good business man or not, a doctor could not perform his functions because he's in debt. Phillips said by knowing Dr. Murray was in debt, he could've said to MJ to pay less for the services since the doctor needed the job.
Putnam: Were you in any position to tell MJ what he needed to prepare for the shows? Phillips: No
Phillips said that if they stopped the show at that point, he is not sure MJ could ever resume his career.
Phillips explained he wanted Ortega to be open minded about what was going on with MJ and the exec didn't want him to quit. "I think he's one of the most creative, artist-oriented director and I understand why MJ loved him show much," Phillips said about Ortega. "I was concerned, confused, I had Dr Murray's information and prospective and I had Kenny's information and prospective" Phillips explained. "I was completely baffled as to what was going on," Phillips said.
"As far as I was concerned, the only person in charge of Michael Jackson's health was Michael Jackson," Phillips said. (AP)
"The only person in charge of Michael Jackson's health is Michael Jackson. He was a 50 year old man, father of three," Phillips opined. Putnam: Was there any reason to believe MJ wasn't capable of making his own medical decisions? Phillips: None whatsoever
Meeting on June 20th was between Kenny Ortega, Dr. Murray, MJ and Phillips. Putnam: Was Dr. Murray attending because AEG wanted him there? Phillips: Frank DiLeo wanted him there. "He was MJ's personal physician," Phillips explained. Ortega opened the meeting and didn't get very far, Phillips recalled. Dr Murray interrupted him and told him to stop being an amateur doctor. Dr. Murray told Ortega he should leave MJ's health in his hands, Phillips recalled. Ortega was a bit surprise that Dr. Murray admonished him. "Basic stay in your lane, this is my lane, I have it," Phillips said. "Michael looked great, he was fine in this meeting," Phillips testified. "I've been doing this choreography most of my career, have muscle memory, don't need to rehearse all the time" Phillips said MJ told Ortega. "You build the house and when you're done, I'll come and put the door on and paint it," Phillips described MJ said. MJ agreed to start coming to rehearsals, he understood Kenny needed him since it was such a complex production, Phillips told the jury. "MJ needed to learn his cues, this was a massive effects show," Phillips said. "It was incredible, they loved each other. MJ told us he wouldn't do This Is It this is it without Ortega directing it," Phillips recalled. Phillips: Michael looked great, the doctor was reassuring, Kenny interacted with MJ, Kenny was was on board and Michael seemed to be fine. "All I thought at this point was that he (Dr. Murray) and a Michael had a fabulous relationship," Phillips said.
Randy Phillips said he was concerned about information from tour high-level tour works that Jackson was unable to rehearse six days before his death, but he was reassured by the MJ’s doctor that everything was fine. Phillips said the MJ appeared fine at a meeting held hours after he received a series of emails from tour personnel that Jackson's health was deteriorating and he appeared physically incapable of preparing for his comeback shows, dubbed "This Is It." The reports of Jackson shivering and being unable to eat came from the tour's director, Kenny Ortega, and production John "Bugzee" Hougdahl. Hougdahl said Jackson's ability to perform had diminished over the previous two months in an email sent June 19, 2009. Phillips said he expected Jackson to rehearse, but it was not something he was contractually obligated to do. He has denied that AEG hired Conrad Murray, the former cardiologist convicted of involuntary manslaughter after administering a lethal dose of the anesthetic propofol. Murray seemed competent, Phillips said, although he acknowledged they did not discuss in detail treatments the physician was giving Jackson. (AP)
Phillips said he thought the emails Ortega sent were a little judgmental, since they had not had the meeting to find out what was going on. Phillips explained he also had great relationship with MJ and Ortega thought if the exec was around they could resolve any issues that arose. "Michael and Kenny agreed to resume rehearsals on June 23," Phillips said.
Phillips said he watched the rehearsals on 23 and 24. "How do you describe the best entertainer in the world? I had goose bumps, it was fantastic!" Phillips described the rehearsals. Phillips said the three execs looked like three babies, with goose bumps. "It was phenomenal!" "I thought he did an incredible job," Phillips described, saying there was no reason to be concerned anymore with the trouble at the front.
Phillips spoke with MJ on 24th, asked how he was. Putnam: Did he lose his ability to do 360s? Phillips: Considered he did multiple 360s, no. He, Kenny and Travis had a communal hug, went back to dressing room to get ready to leave, Phillips said. "Frank DiLeo and I were standing outside the dressing room waiting for MJ," Phillips recalled. "You've gotten me this far, I can take it from here. I got this," MJ told Phillips. "It felt like a million dollars," Phillips explained.
Phillips became emotional Thursday when he described Jackson's death, with tears appearing to well up in his eyes before his attorney quickly moved on to other topics. (AP)
"I was totally shocked," Phillips said about MJ's passing hours later. Phillips last spoke with MJ around midnight. "Ortega was elated with rehearsal, it was his work and MJ's work coming alive on stage" Phillips testified. "He knew we were over the hump."
Phillips said he didn't see MJ in the hospital, only saw the gurney he was on behind the curtains in the emergency room. "After MJ passed away, I think Dr. Tohme was standing next to me," Phillips recalled. Putnam: Did you talk to Dr. Murray? Phillips: Yes, he was hysterical, he was crying, I tried to calm him down, but there was no conversation."I was in the hallway with Frank DiLeo and the head nurse came out," Phillips described. "Nurse said ' I'm sorry to tell you Mr. Jackson's passed away,'" an emotional Phillips recalled. "Frank collapsed," Phillips said, holding back tears. "I had to grab him. We were devastated."
Phillips said Thursday that his company doesn't have a policy for dealing with artists who are the subject of articles that state or suggest they have a substance abuse problem. “We're not judgmental like that," Phillips said. He later added, "You can't give up on people—that's not our job. " (AP)
"Being an artist means you have to reinvent yourself all the time," Phillips explained. "You can't give up on people, that's not our job." Phillips said when they make a deal with an artist, they are not part of their inner circle, they don't control what they do after rehearsal
Phillips said he knew Dr. Arnold Klein was a famous dermatologist, he had gone to him many years ago. Phillips: I had a concern the way Michael seemed that day (when he came back from Dr. Klein), but never saw him like that again. "He had cosmetic work and had vitiligo," Phillips said. It seemed normal for MJ to go to a dermatologist prior to touring. Phillips said he asked Dr. Murray whether he knew MJ was seeing Dr. Klein for some type of treatment. Dr. Murray responded he was aware. As to email Phillips wrote that Dr Klein was shooting MJ up, Phillips said MJ's manager asked for a million dollar advance to pay MJ's bills. One of the bills, Phillips said, was from Dr. Klein for $48,000 for restyling, Botox and dozens of things that said IM, IM, IM. Phillip said he didn't know what IM meant, but MJ's manager said it was intramuscular, meaning injections.
"I didn't know what Propofol was at the time," Phillips explained. All Phillips knew about Propofol was when he was administered it during a colonoscopy. He learned from media MJ died of Propofol overdose.
Putnam: AEG Live make a fortune after MJ's death? Phillips: No
No more questions from AEG attorney.
Jackson re-direct
Panish asked Phillips if the exec used derogatory terms to refer to Mrs. Jackson, like the B word. He said no.
Panish referred back to the meeting at the Polo Lounge between Randy Phillips and Dr. Tohme. Phillips and Panish argued about the fact that Phillips said Panish was following him around with photographers. Phillips said it was Panish who told him that, and Panish replied he never said it. Panish: Did you point to me and accused me of following you at the Polo Lounge? Phillips: Yes, I speculated, yes, yes. Panish: You will say anything, won't you? Phillips: That's outrageous! Panish asked if Phillips thought he was still following him. He responded he didn't know, he's not sure what Panish is capable of.