Jacksons vs AEG - Day 46 – July 10 2013 – Summary
Katherine and Trent Jackson are in court
Kenny Ortega Testimony
Jackson direct
Ortega said he didn't review anything since yesterday. (ABC7)
Ortega received a daily rate to work in The Rolling Stones tour. The amount was negotiated/set by his agent. (ABC7) Plaintiff’s attorney Brian Panish asked Ortega about how he was paid when he worked with the Rolling Stones. Ortega said he got a per diem. (AP)
AEG is paying for Ortega's attorney in this case and he's getting a witness fee of $35/day (ABC7). Panish then asked whether Ortega was being paid by AEG for his testimony. Ortega said no.(AP)
At the start of his testimony, Kenny Ortega was asked about the phrase “pull the plug” in reference to “This Is It” shows. Ortega said it’s a phrase he uses, but he didn’t recall AEG Live CEO Randy Phillips using it re: “This Is It.” (AP)Panish: Pull the plug, is that a term you use? Ortega: Yes. Panish asked if Ortega suggested to pull the plug on MJ. Ortega responded: "I may, not regarding MJ, but the show." Panish: Did Mr. Phillips talk about pulling the plug? Ortega: I don't know if he used that terminology, but we did discuss stopping the show. The discussion happened when MJ was absent from rehearsals, Ortega said. The director wrote an email suggesting to stop the show. Ortega said he discussed with Phillips if things didn't change they might've to stop show."Without Michael I don't know how we can continue". Panish: Did you use term "pull the plug?" Ortega: I may have. (ABC7) Jackson had missed "a good week" of rehearsals and the only way to reach him was through Dr. Conrad Murray Ortega said. "We discussed that unless things changed," they might have to "pull the plug" on the tour. (CNN) Ortega initially said he thought that he and Phillips discussed stopping the show, but then clarified. Ortega: “I don’t think we discussed stopping the show. I think we discussed that unless things changed, we might have to.” (AP)
Panish asked Ortega whether he was aware of AEG Live execs wanting to “pull the plug” on him. He said he wasn’t. (AP)
About email Ortega sent Gongaware asking if he knew Dr. Murray ordered MJ not to rehearse, Ortega said he wanted to alert AEG about it. Panish: Have you ever been on a show where doctor told artist not to rehearse? Ortega: I think I worked in a show where artists were sick. (ABC7)
After a poor rehearsal on Friday, June 13, and a missed rehearsal the next day, Ortega expressed his concern in an e-mail to AEG Live co-CEO Paul Gongaware: "Were you aware that MJ's Doctor didn't permit him to attend rehearsals yesterday? Are Randy and Frank (DiLeo, another Jackson manager) aware of this? Please have them stay on top of his health situation without invading MJ's privacy. It might be a good idea to talk with his Doctor to make sure everything MJ requires is in place." The AEG Live executives later told him they met with Murray and put him in charge of getting Jackson to rehearsals, Ortega said. The director said he was told that if he needed to know if Jackson was coming to a rehearsal, he should call the doctor. Ortega was given Murray's cell phone number, which he said he programmed into his own phone. After Jackson was a no-show for another week, Ortega had a 30-minute conversation with Murray."I was told he was creating the schedule and the schedule wasn't working," Ortega testified. "He was my lifeline, so to speak." Ortega said he was venting his frustrations with Jackson and was "crying out." (CNN)
Email on June 14, 2009 from Ortega to Gongaware: Paul, MJ did not have a good Friday and he didn't show on Saturday. He has been habitually late (the norm). I realize he's up against a lot. I have ton of love/sympathy 4 what he's been through We must do all that we can as a team to stay on top of his needs everyday. He required more attention and management. As I mentioned I truly believe he needs nourishment guidance & physical therapy (massage) for his fatigued muscles & injuries He is not in great physical shape. I believe he's hurting. He has been slow at grabbing hold of the work. We have twenty days we can't let him slip. I'm doing all I can every day 2 build up his confidence & to create schedule that will help 2 ready him and to arrive us at our goals. Every time he is late or cancels it chisels away that possibility. There can be no more calls 2 Travis asking him to come to the house. MJ needs to be told that it's time to get real. He must take care of himself so that he can meet the schedule or there are going to be consequences. We need a healthy, rested and ready MJ at the Forum and Staples for all the remaining rehearsals as well as the few we have at the O2 in July. Thanks, KO (ABC7)
Kenny Ortega discussed emails he sent on June 14, 2009 regarding Jackson’s missed rehearsals, poor condition. Ortega email snippet: “He is not in great physical shape. I believe he’s hurting. He has been slow at grabbing hold of the work.” This email was sent roughly a month before “This Is It” was scheduled to premiere at the O2 Arena. Ortega said he had serious concerns at this point whether or not the “This Is It” shows would happen. (AP)
Ortega said he just wanted to make sure MJ had all health benefits available to be able to do the show. (ABC7)
Email on Jun 14, 2009 from Gongaware to Ortega: Frank and I have discussed it already and have requested a face-to-face meeting with doctor. 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. (ABC7)
As to Gongaware's email, Ortega said he didn't know whether he discussed it with Gongaware. (ABC7)
Panish: Would it be fair to say as of June 14, 2009, you thought the show was in jeopardy? Ortega: Yes
Panish: Would it be fair to say as of June 14, 2009, everyone was under pressure? Ortega: Yes (ABC7)
Panish asked if Payne ever told Ortega MJ looked assisted when coming 2 rehearsal. Ortega said he doesn't remember if he used that word. Ortega said he understands being assisted to mean under the influence of something. (ABC7) Ortega was then asked about Jackson showing up to rehearsal and being under the influence of something. He said he didn’t recall Travis Payne telling him Jackson looked “assisted” but he doesn’t dispute it happened.(AP)
"I don't have any idea in which capacity, but I knew he was, he was introduced to me as his doctor," Ortega said about Dr. Murray. (ABC7)
Ortega said he doesn't recall the conversation with Payne about MJ being treated for sleeping problems. He doesn't dispute that he may have. Ortega: I believe I was under the impression Michael was seeing doctor. I believe when he showed up like that he had been to a doctor. "I just didn't need Mr. Payne to make me aware of it," Ortega said, explaining he could see the problems himself. Panish: You saw, at least 4 times, MJ come to rehearsal in a condition you'd describe as under the influence? Ortega: Yes. Ortega said he's not a specialist in drug addiction. Panish asked if he had discussion with Payne about it. Ortega: I don't recall the conversation, but most likely yes, I'm not disputing his testimony. (ABC7) Ortega said he saw Jackson under the influence of something _ he didn’t know what _ during at least 4 rehearsals. Panish: “It was fairly obvious, wasn’t it?” Ortega: “Yes.” (AP)
Panish: Do you know if at this time AEG had sick cancellation? Ortega: No. Ortega said he had been insured for big events, like the Olympics. He took physical examination for it. (ABC7)
Ortega said Karen Faye, Travis Payne, Alif Sankey, assistants Stacy Walker and James Faris raised concerns about MJ's physical condition. "I don't think everyone spoke about it, but they were aware and concerned," Ortega said. (ABC7) Later, Ortega would identify Payne, Karen Faye, and Alif Sankey as workers who expressed concerns about Jackson being under the influence. The director also said that Stacy Walker, who previously testified, expressed concern. (AP)
Ortega and Faye don't get along on a personal level, Ortega said. "I did think she was looking after Michael's best interests," Ortega said about Faye. She did not keep MJ secluded this time around, though. (ABC7)
Michael Bearden was the musical director in "This Is It" in charge of the music. Ortega said he's top notch, very respected in the business. Panish asked if Bearden was also concerned with MJ's health. "He may have, yes," Ortega responded. Bearden is brilliant, successful musician. (ABC7)
Email On June 16 from Bearden to Ortega: Hey guys! on MJ's lead vocal re-sings. I'm not sure if we're going to get what we need in time. I'd like 2 try 2 get some alternate takes or un-processed leads from the vault if we can. I can go in with M Prince and re-mix the stuff we need on the 22nd (our proposed media day). I we can get everything we need from the vault I can use what we have and take out ad libs and such to try to make it feel new. MJ is not in shape enough yet to sing this stuff live and dance at the same time. He can use the ballads to sing live and get his stamina back up. Once he's healthy enough and has more strength I have full confidence he can sing the majorityof the show live. His voices sounds amazing right now, he just needs to build it back up. (ABC7)
“He wasn't vocal ready yet, not in shape to sing and dance," Ortega said about MJ. Ortega explained MJ was still building back his voice, that's what Bearden was referring, to have power to sing/dance the entire show. This exchange happened about 18 days prior to opening day. (ABC7) Panish then showed Ortega other emails dealing with Jackson’s voice. In one, it was suggested that MJ only sing the ballads during the show. Panish then showed Ortega other emails dealing with Jackson’s voice. In one, it was suggested that MJ only sing the ballads during the show. Bearden in the email wrote that Jackson’s voice was fine, he just wanted strong enough to dance and sing at the same time. (AP)
Response on June 16, 2009 from Ortega I have a 2:30 at MJ's house today with Frank, Randy, Paul and he Doctor. I will add your concerns/requests 2 an ever growing list of items I already plan 2 discuss w/ MJ. The plan is he's joining us tonight for band work. How many individual vocals are we talking about? If he put his mind to it, how long would it take? (ABC7)
"Not necessarily to be done, but things I needed Michael to give his input," Ortega said. (ABC7)
Ortega doesn't remember if he went to MJ's house on June 16. He's not disputing he did, though. "I would call the meeting on the 20th an intervention," Ortega said. "I could've had this meeting, but there were just so much going on, I could've been there on the 16th, I just don't recall," Ortega said. Ortega explained he doesn't remember anyone telling him not to go to the June 16th meeting. (ABC7)
Panish then asked Ortega whether he went to Jackson’s house for a meeting on June 16, 2009. KO said he didn’t remember going to the house. Panish showed Ortega an email indicating he was planning to go to a meeting with Randy Phillips, others. Ortega said he had so much going on at the time, he just doesn’t remember it. “I could have had this meeting,” he said. Panish asked whether things got better or worse after the June 16 meeting at MJ’s house. Ortega said they got worse. (AP)
It was that then that Ortega testified about the night of June 19, 2009 and being “frightened” by Jackson’s condition. (AP) Ortega doesn't recall whether MJ was at the rehearsals on June 16, 17 and 18. He knows MJ was at the rehearsal on June 19. Ortega said MJ arrived at night to rehearse on June 19, probably in the evening around 9 o'clock. "I saw a Michael that frightened me, a Michael that was shivering and cold," Ortega said. Ortega: He, I thought there was something emotionally going, on, deeply emotional, thought something physical going on. He was cold. Panish: Troubling? Ortega: Very troubling As to his physical condition, Ortega said MJ was shivering, just seemed fragile. Panish: Skinny? Ortega: Skinny? No, he wasn't a heavy person to begin with. It wasn't weight I was concerned on, it was his appearance. Panish: Did it appear he had lost weight? Ortega: Yes. "I observed Michael like I had never seen him before," Ortega said. It troubled me deeply, he appeared lost, cold, afraid.". Ortega said MJ was coherent. "I think when he first came in he didn't seem coherent, but when I started talking to him he became better." Ortega: He seemed to warm up and feel a little better, but he wasn't well. Panish: Did you feel something was wrong? Ortega: Yes. Not well enough to rehearse. Ortega: I was in a room, right off the main room. I think MJ was already in the room. Karen called me and asked me to come in to the room (ABC7)
Panish showed picture of MJ's fitting on June 19th and asked if that's how he always looked. Ortega: No. I didn't see him in T-shirt, so I wouldn't know he was that thin. Panish: Is that how he always looked? Ortega: No P: What was different? O: His body, he looked very thin P: A little emaciated? O: Yes. Ortega said MJ was covered when he saw him on June 19th, so he didn't see him like the photo. Panish: Did you ever seen his like that before? Ortega: No (ABC7)
"I remember asking for food, I asked if MJ had eaten" Ortega recalled. "I remember calling the doctor, I was very upset and I was concerned". "I wanted someone who's a professional to be aware that Michael showed up in that condition," Ortega explained. Ortega: I know that I did my best to provide for Michael. I don't recall if the doctor ever answered the phone or I kept leaving voicemails. Ortega: We talked, Karen put a heater on the floor, took off his shoes, I began rubbing his feet, he said it felt very good. Ortega said MJ told him he never had his feet massaged before. "I couldn't believe it!" Ortega said. Ortega said he cut up the salad, Michael ate, they talked and Michael said he didn't want to go home, he wanted to watch the rehearsal. Ortega said Michael asked that Travis Payne be on stage and be him, so he could seat with the director and see it.
Panish: Do you remember crying? Ortega: Yes.
Panish: Were you crying because you were concerned with Michael? Ortega: Yes
P: Overreacting? O: No P: Being a drama queen? O: No P: Serious concern? O: Yes
Panish: And you did everything you could? Ortega: Yes, that I could think about it
Panish: Did you try to tell AEG there was a problem? Ortega: I believe you have records of it (ABC7)
Panish showed email chain "Trouble At The Front". Ortega said he sent emails to AEG only when he thought it was absolutely necessary. Ortega took a deep breath. Panish asked him if he was alright. He answered let’s keep going, please. Email from Leiweke to Phillips asking to set up a meeting. Then Phillips forwarded the email to KO asking him to be present at the meeting. Ortega: I thought Michael had a problem on the 19th. I wasn't thinking about the production on the 19th. I was only thinking about Michael! (ABC7)
Email on 6/19/09 from John Hougdahl to Gongaware and Phillips Subject: Trouble at the front Paul/Randy I'm not being a drama queen here Kenny asked me to notify you both. MJ was sent home without stepping foot on stage. He was a basket case and Kenny was concerned he would embarrass himself on stage, or worse yet - get hurt. The company is rehearsing right now, but the DOUBT is pervasive. Time to circle the wagons. Bugzee (ABC7)
"This isn't my email, I didn't ask him to write this email, I asked him to reach out to Paul and Randy" Ortega said. "These aren't my words". "I made him aware of the situation," Ortega said about Hougdahl. "I don't even know I personally said it to him or sent someone else." (ABC7)
Ortega: I didn't leave MJ's side until he left. I wanted to be with him, I didn't want to leave his side. Ortega said he remembers having thoughts at the Staples Center and typed his email probably while still there. Ortega said he didn't respond to the chain of emails, but was only offering his accounting of the day. (ABC7)
“I thought Michael had a problem on the 19th,” Ortega said. “I wasn’t thinking about the ('This Is It') production on the 19th.” Ortega appeared bothered when Panish asked him about being concerned for the production. “I was only thinking about Michael,” he said. The court took a 10 minute break around this point. When they came back, Ortega read one of his emails sent after the June 19 rehearsal. (AP)
"Trouble At The Front" Email: Ortega wrote: I will do whatever I can to be of help with this situation. My concern is now that we've brought the Doctor in to the fold and have played the tough love, now or never card, is that the Artist may be unable to rise to the occasion due to real emotional stuff. He appeared quite weak and fatigued this evening. He had a terrible case of the chills, was trembling, rambling and obsessing. Everything in me says he should be psychologically evaluated. If we have any chance at all to get him back in the light, it's going to take a strong Therapist to help him through this as well as immediate physical nurturing. I was told by our choreographer that during the artists costume fitting with his designer tonight they noticed he's lost more weight. As far as I can tell, there's no one taking responsibility (caring for) for him on a daily basis. Where was his assistant tonight? Tonight I was feeding him, wrapping him in blankets to warm his chill, massaging his feet to calm him and calling his doctor. There were four security guards outside his door, but no one offering him a cup of hot tea. Finally, it's important for everyone 2 know, I believe that really he wants this. It would shatter him, break his heart if we pulled the plug. He's terribly frightened it's all going to go away. He asked me repeatedly tonight if i was going to leave him. He was practically begging for my confidence. It broke my heart. ( Ortega began to cry while reading this part of the email.) He was like a lost boy. There still may be a chance he can rise to the occasion if we get him the help he needs. (ABC7)
Ortega broke down while reading the email. After reading the line, “It broke my heart. He’s like a lost boy,” he had to stop. “I’m not OK right now,” he told the court. The judge asked if he needed a break. He said he just wanted a second, but judge ordered recess. (AP) "I'm not ok right now," Ortega said. Judge asked if he wanted a break, he asked for a few minutes. Judge gave a 10-minute break. After the break, Ortega apologized to everyone. Testimony resumed. (ABC7) As Ortega read the email out loud, he paused between words, then began to cry. He took off his wire-rimmed glasses and wiped his eyes with a tissue. "I'm not OK right now," he said, and the judge called a 10-minute recess. When Ortega returned to the courtroom, he could be overheard telling Brian Panish, the Jackson family's attorney: "It's devastating." (LATimes)
Panish showed phone records of Ortega where he called Dr. Murray several times on June 19th. Ortega said he doesn't remember speaking with the doctor. He said he believes he did the best he could to reach him, though.(ABC7)
Although Jackson showed up on June 19, he was "cold, shivering" and unable to rehearse, Ortega said. "On the 19th I had more than a serious concern. I didn't think it was going to go on." With just a dozen days left for rehearsals before the touring company moved to London for the opening, Ortega testified, he was worried "that all that we had worked for together, Michael and I -- this dream, this desire -- was going to fall away." He sent a series of e-mails to AEG Live executives warning that Jackson needed "a top psychiatrist to evaluate him ASAP." Ortega and Murray exchanged 11 calls that next day, according to phone records. They discussed "a plan to get the schedule in order, because it was my feeling that we weren't going to make it," Ortega testified.(CNN)
I saw a Michael that frightened me," Ortega testified. He said Jackson, who had come to the Forum, where rehearsals were taking place, for a costume fitting, looked emaciated. "I observed Michael like I had never seen him before, and it troubled me deeply, " Ortega said.Ortega called Murray several times but never spoke to him that night.He said there was no question Jackson needed a doctor. “I wanted someone who was a professional to be aware that Michael had showed up in this condition,” he said. (LAtimes)
After the break, Panish asked Ortega if he was concerned about Conrad Murray. Ortega said yes. Ortega said he wanted Jackson to be evaluated by a professional, someone other than Murray. (AP)
Panish: Did you have a concern about Dr. Murray at this time?
Ortega: I really didn't know what Dr. Murray did, but Michael showing up in this condition, I had a concern.
"I was concerned about Michael being in this state when he had a doctor," Ortega said. (ABC7)
"The doctor in the fold means he was in charge of Michael's schedule and it involved me," Ortega said. "I believe this was something else, it was not the tough love, you have to show up of this is not going to happen," Ortega said. "It was real emotional stuff," Ortega testified. "I just felt he wasn't present, he wasn't there. Ortega: I'm not a doctor, I just felt there was something going on, more than physical. My response was to have a professional evaluate him (ABC7)
Panish: And you had a real concern with Dr. Murray? Ortega: Yes. Panish asked if Ortega thought MJ was not being cared for. "Not at the level I'd expected Michael deserved," he answered. (ABC7)
Panish asked Ortega about a line in his email in which he described feeding Jackson. Ortega said he didn’t literally feed him. (AP) "I was not feeding (MJ) literally, I did not feed Michael," Ortega said. Panish: Were you scared about Michael? Ortega: Absolutely in the beginning, a little less in the end, when he was a little warm, better. Ortega: I tried the doctor, who I thought it would be the most natural, and then reached out to AEG, Michael's partners, for help. (ABC7) Kenny Ortega agreed when plaintiff's attorney Brian Panish asked him whether the email was a “cry for help.” (AP)
The director said he called Murray repeatedly that night, that he was most natural person to reach out to for help. Then he informed AEG. Ortega said he was willing to walk away from the show at this point, leaving it without a director. "I think it would have severely injured the possibility of the show going on," Kenny Ortega said. (AP) Ortega said he could've walked away, and MJ would've been left without a director. "I didn't believe it could go forward at this point, at this night" Ortega said. "I wanted it for him, I know it was what he wanted for himself" (ABC7)
"He seems lost, not like the Michael I'd seen," Ortega said. "I couldn't see his body but his physical presence wasn't what I had seen last". Ortega said he believes his email was a strong suggestion that MJ needed to be seen by a doctor for his psychological condition. (ABC7) "I saw a Michael that frightened me," Ortega said, calling Jackson's appearance "very, very troubling."Jackson's condition prevented the singer from rehearsing that day. Ortega said. (AP) "On the 19th (of June) I had more than a serious concern," Kenny Ortega testified. "I didn't think it was going to go on." (CNN)
Ortega said he didn't see Randy until next day, on the 20th, when he was at the meeting at Carolwood house. Panish: Did you discuss with Randy Phillips, 5 days before MJ's death, about pulling the plug? Ortega: Not that I recall. Panish: How would MJ be if show was canceled? Ortega: I know how deeply it mattered to him to do these shows. "I said I thought it would break his heart," Ortega explained. (ABC7)
Ortega said he doesn't remember an email response from Randy Phillips to his email.(ABC7)
Email from Phillips: Kenny, I will call you when I figure this out. We have a person like that, Brigitte, who's in London advancing his stay. We will bring her back ASAP and Frank, too, however, I'm stymied on who to bring in as a therapistand how they can get through to him in such a short time. (ABC7)
After the lunch break, Panish asked Ortega about emails he exchanged with Randy Phillips on June 20, 2009. Phillips, after reading Ortega’s email from earlier that day, wrote back that he would call “when I figure this out.” Phillips added that despite Ortega’s suggestion that Jackson needed a therapist, Phillips said he was “stymied” about who to bring in. Phillips also questioned how effective a therapist would be. Panish: “Were you stymied about getting a therapist involved?” Ortega said no. (AP)
Panish: You were not concerned with the business side, but with Michael Jackson? Ortega: Yes. Ortega: I didn't want to break Michael's heart, I was torn. My instinct was to stop the show, but I didn't want to break Michael's heart. (ABC7) Ortega said he was torn about whether “This Is It” should continue. “My instinct was we should stop,” he said. But Ortega knew MJ wanted to keep going (AP)
Ortega responded Phillips: Randy, I'm at home awaiting your call or instructions. I honestly don't think he is ready for this based on his continued physical weakening and deepening emotional state. It is reminiscent of what Karen, Bush, Travis and I remembered just before he fainted causing the HBO Concerts to be canceled. There are strong signs of paranoia, anxiety and obsessive-like behavior. I think the best thing we can do it is get a top Psychiatrist on to evaluate him ASAP. It's like there are two people there. On (deep inside) trying to hold on to what he was and still can be and not wanting us to quit on him, the other in this weakened and troubled state. (ABC7)
He said after sending a reply to Phillips, he got a call telling him about a meeting at Jackson’s mansion later that day. That afternoon, he said he received an email from Phillips urging him and everyone not to “become amateur psychiatrists or physicians.” (AP)
Ortega: He was afraid for one thing I was going to leave him. Anxiety: he was anxious he didn't want me to leave or quit. Ortega: Obsessive behavior: he was repeating for me not to quit or eave him. "There was no question in my mind that Michael wanted to do the shows," Ortega said. Ortega: 'There's nothing to be afraid of, we are going to do this, This Is It.' That's the Michael I had allegiance to. (ABC7)
Phillips responded to Ortega that he not be an amateur psychiatrist. Ortega said that was not his intention. Ortega said he does not know whether Dr. Murray was ever successful, unbiased and ethical. The director did not check the doctor out himself. Ortega didn't think Dr. Murray was giving good care to MJ. (ABC7) The email included Phillips’ statement that AEG Live had checked out Conrad Murray and that he was “unbiased and ethical.” Ortega had only had one previous conversation with Murray. He said he didn’t know if he was successful, ethical or had been checked out. Phillips also said they needed to “surround Mike with love and support.” Ortega said that’s what he’d been trying to do. (AP)
Panish asked Ortega whether he was the “kind of guy that yells at people and throws tantrums, or tries to work with them?” Ortega: “Both.” Kenny Ortega’s response brought some laughter to the courtroom, including from the jury. (AP)
Panish: Do you think you were trying to sound an alarm? Ortega: Yes P: Raise a red flag? O: Yes
Panish: Were you trying to concern Mr. Phillips about this situation? Ortega: Yes P: Why? O: Because I was concerned. (ABC7)
"I saw something that troubled me deeply and I felt it needed attention," Ortega said. Ortega: I had seen something deeply troubling and I wanted to be taken seriously. "I felt Michael was in trouble and needed help," Ortega said. Panish: If Phillips were more concerned about getting the show on the road rather than MJ, would that worry you? Ortega: Yes, because they were talking about a person's health, I was more concerned about Michael's health than anything else at that time. Phillips testified he thought Ortega was entrenched in the situation and not being open minded. Ortega disagreed with Phillips' perception. "I got the impression that Randy would be looking over and investigate himself," Ortega explained. Panish: Did Randy Phillips ever tell you what the problem with MJ was? Ortega: No. Dr. Murray, in some capacity, tried to tell Ortega what was happening. But the director never got an answer to what was wrong with MJ. Ortega: I wanted it to be taken care of, whatever it was, I wanted it looked into and taken care of.(ABC7)
The Phillips response is one of several emails Ortega says he’s seen, but can’t remember receiving or reading it in June 2009. Panish asked Ortega whether he knew that Phillips had written others say that the director was starting to concern him. Ortega said no. (AP)
Ortega said he was trying to concern Phillips because he was alarmed by what he’d seen on night of June 19th. Ortega: “I saw something that troubled me deeply and I thought it needed attention.” Ortega said he trusted Phillips and he got the impression that the executive was going to try to get to the bottom of Jackson’s problems. Panish: “Given what ultimately happened to Michael, do you think you were overreacting?” Ortega replied, “No.” Ortega said he’d never seen Jackson in as poor condition as he was on the night of June 19, 2009. He said this left him stressed. (AP)
Panish: In all the time you knew MJ, did you ever see him in the condition he was on June 19th? Ortega: No
"I just wanted Michael to be ok," Phillips said. He trusted both Phillips and Gongaware.
Panish: Do you know how you felt? Ortega: I was stressed P: Distraught? O: Yes (ABC7)
Gongaware told Ortega about the meeting on the 20th. Neither Phillips nor Dr. Murray ever told Ortega they spoke on the phone for 20 mins. Meeting on the 20th was between Michael, Dr. Murray, Randy Phillips and myself. It happened at the parlor in the house. Ortega said when he realized the meeting was about him, he stood up to express his feelings. Ortega did not stay very long at that meeting. He estimates 10-15 minutes, definitely under a half an hour. Ortega left by himself. The others stayed: Jackson, Dr. Murray and Phillips. Ortega said Dr. Murray began the meeting. He said he had a feeling the meeting would be about the night before and the depth of his concerns. Ortega described the meeting as "accusatory." Panish: Who was the one being accused? Ortega: Me P: Who was accusing you? O: Dr. Murray. Dr. Murray was upset with Ortega, the director said. Panish: Did Phillips ever tell you that he had a phone conversation, for 20 minutes, on June 20th with Dr Murray? Ortega: Yes, through email. Ortega said all he's familiar with is that Phillips had a lengthy conversation with Dr. Murray at some point. (ABC7)
Panish: Did you think MJ was in decline? Ortega: Yes
Panish; Was he mentally able and stable? Ortega: I certainly didn't think on June 19th. (ABC7)
Ortega said Dr. Murray was angry at him at the meeting, "I was shocked," Ortega explained. Ortega: I was shocked because what he was saying it wasn't at all reflecting of what happened. Ortega said he excused himself. Dr. Murray said MJ was fine and could handle all responsibilities for the show. "I was flabbergasted! Because I didn't believe that was possible," Ortega testified, saying he felt hurt, insulted. Panish asked if he was ever treated like that in his long career. "Oh sure!" Ortega responded. Ortega: Have I ever being talked down, hurt, insulted? Yes, so many times I can't tell you! (ABC7)
Panish: Did Michael stick up for you? Ortega: Yes. Ortega: He (Dr. Murray) was upset with me, and he said I had no right to not let MJ rehearse. Ortega: Dr. Murray said MJ was physically and emotionally capable to handle all the responsibilities of the performance. Ortega said Dr. Murray told him to stick with his job and to leave the doctor job to him. Ortega testified he asked Michael to explain to Dr. Murray that MJ asked to stay, but the evening was different. And MJ did just that. MJ stood up, gave Ortega a hug before he left. "The doctor suggested that MJ had told him one thing and now was saying another" Ortega said. "Michael said no, no, no, they were in disagreement too," Ortega said. The director told MJ he only cared about MJ. Ortega said MJ responded 'I know, I know, I love you, I will take the reins.' (ABC7)
He then recounted the June 20 meeting at Michael Jackson’s mansion. He said he stood for most of the meeting. Panish asked Ortega to use a word to describe the meeting. He asked for a moment, then replied, “Accusatory.” Ortega said Murray was upset with him, told him not to be an amateur physician or psychiatrist. Ortega said he was shocked at the reaction. He said Murray told him that Jackson was fine and could handle the show. “I was flabbergasted,” Ortega said. He said he was insulted. Panish: “Have you ever been treated like that.” Ortega replied, “Oh sure.” Jury laughed at the response. Ortega referenced his long showbiz career and said he’d been in some difficult meetings, but had never been talked to that way by a doctor. He said Jackson came to his defense, but only after he prompted him. He said it seemed like Jackson told Murray different versions. That led to Murray and Jackson getting in a disagreement. It wasn’t with the same intensity, though, Ortega said. Ortega said Jackson then told him not to be afraid and he would “’take the reins. You’ll see,’” he recalled Jackson telling him. (AP)
Panish: And 5 days later Michael was dead Ortega: Yes (ABC7)
When Michael Jackson showed up at rehearsal on June 23, Ortega said: "It was miraculous!" Ortega: Whatever the flu, whatever it was, it was just not present. I didn't ask questions, I was just overjoyed. Ortega said everyone noticed the drastic change. "I didn't know anything about any medication." "He had a metamorphosis," Ortega said, in awe. "Pretty extraordinary." "I doubted myself, I remember going did I see something?" Ortega said. Michael just didn't seem the Michael he saw on June 19th. (ABC7)
The production was off for a few days, then Jackson returned to rehearsals on June 23rd. It was miraculous,” Ortega said. “All of a sudden, it was a miraculous recovery,” Ortega said. “Whatever the flu or whatever it was, wasn’t there.” Ortega of Jackson on June 23, 2009: “For some reason, all of a sudden, he looked like he had risen from the dead. He had a metamorphosis.” Ortega said Jackson’s transformation led him to doubt himself. He said he was like someone who had a short illness. It seemed like Jackson had gotten some “real sleep,” Ortega said of Jackson. (AP)
Panish: Do you know if Dr. Murray had stopped giving MJ Propofol? Ortega: I had no idea (ABC7) Panish asked whether Ortega knew if Jackson’s recovery was because Murray stopped giving him medications. Ortega said he didn’t know.(AP)
Earth song was the last song Michael rehearse. Panish asked if MJ did it well. Ortega smiled and answered yes. Ortega takes very deep breath. (ABC7) Panish then asked Ortega about the last song Jackson performed. It was “Earth Song” on the night of June 24, 2009. Ortega began to get emotional again. He was taking deep breaths at points. He recounted hearing that Jackson had died from Gongaware. (AP)
Panish played a clip of “Earth Song” in which Jackson is wearing a long jacket. The lawyer asked Ortega if Staples Center was cold. “Those places are like refrigerators,” Ortega replied. He said Jackson had a blanket wrapped around him, but not like 5 days earlier. (AP)
Panish: What happened the next day? Ortega: Michael died (Ortega's voice cracked a little). "I was standing on the stage, waiting for Michael," Ortega recalled. The director said Staples Center was like refrigerators, so cold. Panish show video of Earth song. This is the last song he rehearsed, Ortega said. He was bundled up in several layers of clothing. Ortega's favorite songs are: 1- Man in the Mirror 2- Billie Jean 3- 100 other songs all tied in the 3rd place. (ABC7)
Ortega said on June 25th, he was under the impression that Randy Phillips was on his way to Jackson’s home to pick him up for rehearsals. (AP) Phillips was to pick MJ up at the Carolwood house to bring MJ to rehearsal. Obviously, he never showed up, Panish noted. Gongaware called Ortega from the hospital. "Our boy is gone," Ortega said Gongaware told him. But Ortega said he didn't believe him. "I said I'm not trusting this is Paul Gongaware." Ortega said Gongaware told him to sit down. Ortega asked Gongaware to tell him something only the 2 would know 2 prove it was Gongaware. "You have to sit down and get a hold of yourself," Gongaware told Ortega on the phone. "Listen to me, Michael's gone." "I wanted to believe it was some weirdo calling me, it was a very awkward phone call and I didn't want to believe him," Ortega testified. (ABC7) Ortega then recounted the call from Gongaware about Jackson’s death. Gongaware said, “’Our boy is gone,” the director said. He said he thought it was a prank call and didn’t believe it. Gongaware somehow convinced him he was telling the truth. (AP)
Phillips never said anything at the meeting on the 20th, was more like a bystander, Ortega said. (ABC7)
Ortega said they never did a full run-through of the show.(ABC7)
Ortega believes AEG paid him everything they owed him for the work done. Sony paid him for the musical documentary. Ortega said he believesSony kept all the film in a vault so the video would not get leaked. (ABC7)
Ortega said MJ's intention was 2 take the show out 2 the world one more time and end it in the US. Ortega would get bonuses if that happened. Judge asked why he'd get bonus if his job was done. Ortega said it's like getting royalties, since he was one of the creators of the show. Ortega said MJ had intention to do movies inspired in his songs "Thriller" and "Smooth Criminal." Panish: How did you react? Ortega: Yes, please! (ABC7)
Panish asked what was MJ's background. Ortega: He invented music video, the list goes on and on. He raised the bar in every are he worked in.Ortega said MJ was fantastic songwriter, singer, musician, dancer and also a filmmaker. "We worked together really, really well" Ortega said. Ortega recalled they had a chance to work together on "This Is It," they made 4 short films. Panish showed picture of MJ looking at the viewfinder of the camera used to film movies, Ortega next to him. "Anything Michael wanted to do with me I was interested in," Ortega said. (ABC7)
Panish asked Ortega several questions about the making of “This Is It” before taking the afternoon break. When they returned, Panish asked about Jackson’s passion for filmmaking. He struggled to remember the name of one Jackson work. Panish couldn’t remember it either, so the lawyer turned and bent down into the audience and asked Katherine Jackson. “Captain Eo,” she said Panish then showed several photos of Jackson and Ortega together. One was a side-shot of them walking, and one of MJ’s children was there. Ortega, who’s phone calls had been discussed earlier, quipped, “You don’t show my telephone number, but you show my profile.” Jury laughed. Panish apologized, and then they tried to figure out whether it was Prince or Paris in the photo because he/she was wearing a mask. Ortega said he thought the masked child was Prince, but wasn’t sure. Panish then asked about Jackson’s children. (AP)
Photo of MJ, Ortega and young Prince: "Attractive," Ortega joked. "You didn't show my phone number, but showed my profile! Ortega: Along w/ the way he talked about his mother, the kids were the single greatest blessing, brought the greatest happiness to his world. Ortega said MJ gave them Christmas every day of the year. "There was just evidence of fun." Ortega: He was just there for them, he was concerned about them, he was parental. Regarding the children, Ortega said: "They loved their father, it was very clear, very evident, it was obvious." "He loved her dearly," Ortega said about MJ and Katherine Jackson. "He cared deeply about her." (ABC7) The director recounted going to Jackson’s mansion in April and finding Christmas decorations everywhere. “He gave them Christmas every day of the year,” Ortega said. There were also paper airplanes thrown everywhere, he recalled. Panish asked about Jackson’s love for his mother, which Ortega said was “very clear, very obvious.” He then ended his questioning. (AP)
Panish said he has no further questions at this time.
AEG cross
AEG's attorney, Marvin Putnam, did cross examination.(ABC7) He told jury that Ortega would be leaving for a few weeks, so he had to hurry. (AP)
Ortega said AEG is paying his legal fees because it is their contractual obligation to do so. It's written in his contract. (ABC7) Putnam asked about AEG paying Ortega’s legal fees. Ortega said it was because they were contractually obligated to. Ortega: “They probably wouldn’t want to pay my legal fees,” he said. Ortega said the payments didn’t sway his testimony. (AP)
Putnam referred back to June 19th. Ortega reiterated that he did everything he could that night. Ortega said he had been worried about MJ's mental state before during the HBO Concerts in 1995. "I thought he was anxious," he said. No one from AEG was present during the 95 incident. Ortega said it was different from the 19th, though. In 95, he was anxious, unhappy. Ortega explained the 1995 one was the only experience he had with MJ that was similar. Ortega had never seen MJ physically weak like he saw him on the 19th. (ABC7)
Putnam asked whether the night of June 19, 2009 was the first time Ortega was worried about Jackson’s psychological state. He said no. Ortega said the other time was in 1995 during preparations for an HBO special. It wasn’t as bad then, he said. The director said Jackson seemed anxious about that show and changed that were being make creatively. Putnam asked whether Phillips or Gongaware were involved then. Ortega said no. (And AEG Live wasn’t in existence.) (AP)
MJ got better as the night went on on June 19th. "He was just more articulated, in the room, warm, engaged and calmed," Ortega said. (ABC7)
Ortega said the 1st day he met Murray, MJ introduced him as "my doctor." Putnam asked if MJ said Murray was the tour doctor. Ortega said no (ABC7) Putnam asked about when Ortega first met Murray. He said it was in March or April, and Murray was introduced as MJ’s personal doctor. Ortega said he only saw Murray three or four times before the meeting on June 20, 2009.(AP)
Putnam asked about Ortega’s lack of recollection about certain emails. The director said he didn’t read every email at the time. Putnam: “The fact that you don’t remember a specific email doesn’t mean you were being evasive?” Ortega replied no. (AP) Putnam: Are you trying to be evasive? Ortega: No, I'm trying to do my best (ABC7)
The lawyer went over the “trouble at the Front” email from production manager John “Bugzhee” Hougdahl. Then Putnam asked about Ortega’s impressions of Phillips. “I thought he was a professional,” Ortega said. Putnam showed Ortega the span of time between Bugzee’s email reporting problems to Phillips and some of the exec’s responses, abt 15 hours. Putnam asked Ortega if it was understandable that Phillips may have been confused by the conflicting info he was receiving. Yes, he replied. Putnam asked Ortega about how he thought Phillips and Gongaware viewed Jackson. “I felt they loved him,” he said. Ortega said there wasn’t any reason for him to think that Phillips and Gongaware didn’t still love Jackson. He said he believed the execs cared for Jackson “because of the way they supported him throughout the entire venture.” (AP)
Putnam showed Ortega's phone records on June 19th. There are 2 calls from Ortega to Dr. Murray and 1 from Murray to Ortega, all very short. After the calls to Dr. Murray, Ortega said Michael was eating, they had late conversation, he was rubbing his feet. Ortega: Michael wanting to stay and watch, we went on stage, Travis stood in for MJ, we did pyrotechnics if I'm not mistaken, then MJ left. Ortega didn't contact AEG himself, but asked someone to do it on his behalf. Putnam asked why he wanted to alert AEG about MJ. "Because we were all on the same team," Ortega responded. "I thought we needed to help Michael." Putnam asked if Ortega understands why Phillips was having difficulty figuring out what was going on. In one hand, Ortega was saying there was a problem. On the other hand, Dr. Murray said everything was ok. Ortega answered yes. Putnam asked what Ortega thought Phillips and Gongaware felt about MJ: "I felt they loved him," Ortega responded. Putnam: Any reason to believe they didn't? Ortega: No Putnam: Any reason to believe they don't? Ortega: No. Putnam: Why? "Because of the way that they supported him throughout the entire venture," Ortega said. (ABC7)
Putnam said he's looking fwd to seeing Ortega again in a few weeks. The director has business engagement overseas, won't be back for weeks. (ABC7) Kenny Ortega has to travel for work, so he won't resume testifying until August 1st. Putnam told Ortega, “I look forward to seeing you in a couple weeks, sir.” (AP)