Jacksons vs AEG - Day 62 – August 5 2013 – Summary
Katherine and Trent Jackson are in court.
Michael LaPerruque Testimony
Jackson Cross
Deborah Chang, did the cross examination.
LaPerruque said 2001-2004 were very difficult years for Michael Jackson. They were also very busy years. MJ was recording "You Rock My World" single and shooting a short film at the Universal Studios when LaPerruque began working for the artist. Change showed clip of "You Rock My World" with Marlon Brando and Chris Tucker and MJ.
The single became part of "Invincible" album. LaPerruque was present when the song was recorded. In 2002, LaPerruque said Blanket was born. MJ was very excited about being dad again. LaPerruque went to New York with MJ to be at the Apolo Theater with President Bill Clinton to encourage people to register to vote.Chang showed clip of President Clinton introducing MJ to the crowd. She also showed the 2003 American Bandstand 50th anniversary in Pasadena and MJ's cameo in "Man In Black 2" in 2002. (ABC7)
Chang started out her cross-examination by showing several clips of Jackson’s work during the 2001-2002 time period. These years were the first time that La Perruque worked for Jackson. Chang showed him clip of “You Rock My World” music video. La Perruque was present during the shooting of some of the video, which starred Jackson, Chris Tucker and Marlon Brando. Chang then showed a clip of Jackson performing at a 2002 Democratic National Committee fundraiser. He performed “Dangerous.” Jackson was introduced by Bill Clinton. AEG Live defense attorney Marvin Putnam objected to the clip, specifically the Clinton speech. Chang had stopped the clip just as Jackson’s performance started. The judge allowed the clip to be played and didn't strike Clinton's intro. Chang then played another performance clip on the 50th Anniversary special for American Bandstand. Dick Clark introduced Jackson. She concluded the clips by showing Jackson’s cameo in “Men In Black: II” to show that the entertainer was busy in 2002. (AP)
Chang: Did MJ have a good sense of humor, including about himself? LaPerruque: Yes (ABC7)
Chang asked about MJ passing out in Florida and his children called 911. LaPerruque said he doesn't know what caused him to go unconscious. LaPerruque said paramedics are more prepared than him, as former sheriff's deputy, to assess a patient. LaPerruque never saw the paramedics report. They did no take the MJ to the hospital. Chang asked if there was a mention of low blood sugar in the report. Defendant's attorney objected based on hearsay and judge sustained it. LaPerruque said it was hot and humid that day in Orlando and he does not know when was the last time MJ ate or drank anything. (ABC7)
Chang then asked about the Florida incident in which Jackson’s children found their father unconscious in a hotel suite hallway. Chang asked La Perruque about his experience with paramedics making medical evaluations of people, based on his experience as a deputy. La Perruque said he didn’t know what caused Jackson’s condition, and that paramedics did not transport him or indicate it was an overdose. He said he never saw the paramedics’ report and wasn’t in the room where they checked out Jackson. Chang asked La Perruque if the paramedics mentioned Jackson had low blood pressure, but AEG objected and it was sustained. La Perruque reiterated that he never saw prescription bottles or alcohol in Jackson’s suite that day. (AP)
The head security never saw drugs in MJ's room. "I never saw the doctors actually treating Mr. Jackson," LaPerruque said. He said he only took MJ to doctor's office and would wait outside.(ABC7)
Chang asked about the doctors La Perruque knew traveled and treated Jackson. He told jury he never witnessed their treatments on Jackson. La Perruque was asked whether any of the doctors seemed awestruck with Jackson. He said yes, and cited Dr. Alimorad Farschcian. Farschcian is a Miami doctor who put an implant in Jackson to block the effects of Demerol and other opiates.(AP)
Chang: Did you ever raise concerns to Dr. Farshchian you thought he overprescribed medication? LaPerruque: Yes
"There seemed to have been a social relationship between Dr. Farshchian and Michael Jackson," LaPerruque said. (ABC7)
Chang: From 2001-2004 went through a lot of pain, stress and anxiety? Objection, vague. Sustained. (ABC7)
LaPerruque was never aware of the kind of treatment necessary to treat MJ's vitiligo and burned scalp. (ABC7)
In 2007 - 2008 LaPerruque worked back with MJ. He had never heard about Dr. Murray.(ABC7) Chang asked whether La Perruque ever heard of Conrad Murray when he went back to work with Jackson in 2007 and early ’08. He said no. (AP)
Chang: Would it be fair to say that throughout the years you worked for MJ you never saw him overdose? LaPerruque: Yes (ABC7)
LaPerruque raised his concerns with Dr. Farshchian, Dr. Slavitch in San Francisco and Grace Rwamba. At one point, LaPerruque and Rwamba had a system to try to stop doctors to overprescribe drugs to MJ. (ABC7) La Perruque said he raised concerns with Farschcian that the doctor was over prescribing medications to Jackson. He said that Farschcian often accompanied Jackson on what seemed to be more social trips, rather than for medical reasons. (AP)
Chang: You tried to protect Mr. Jackson, right? LaPerruque: Yes
Chang: Have you ever see him with terrible case of chills? LaPerruque: No
Chang: Have you ever seen an alarming weight loss? LaPerruque: No
Change: Have you ever heard people complain they could see his heart beating through his chest? LaPerruque: No
Chang: Have you ever seen MJ lost, paranoid? LaPerruque: No
Chang: Did you ever hear MJ saying that God was talking to him? LaPerruque: No
Chang asked if LaPerruque saw those symptoms, what would he have done."I'd have been very concerned and if I thought it was life-threatening I'd have taken him to the hospital," LaPerruque said. (ABC7)
The attorney asked whether La Perruque tried to protect Jackson. “Yes,” he responded. “I did my best.” La Perruque, in response to Chang’s questions, said he never saw MJ with “a terrible case of the chills” or have an “alarming weight loss.” The bodyguard also said he never heard Jackson say he was talking to God or seem lost and annoyed, symptoms he displayed in 2009. La Perruque said if he saw any of those symptoms and thought they were life-threatening, he would have taken Jackson to the hospital. (AP)
Randy Jackson was by himself when he arrived at Neverland by helicopter. He did have a pilot, though, LaPerruque clarified. Chang: Did you ever hear Randy Jackson speak about an intervention? LaPerruque: No. Chang: Did you ever hear the word intervention that day? LaPerruque: No. Chang: Did you ever know there was an intervention? LaPerruque: No. (ABC7)
Chang asked about the incident in which Randy Jackson came to Neverland Ranch via helicopter and was turned away. La Perruque said neither Michael nor Randy Jackson used the term intervention to describe the visit. Randy didn’t bring a doctor, he said. (AP)
After 2004, LaPerruque didn't see MJ on a day-to-day basis except for 2005 during the criminal trial. He never saw MJ in 2006 and early 2007. MJ was acquitted of all child molestation charges and left the country after the verdict. Rwamba contacted LaPerruque to go back to work for MJ. He said he wouldn't have jeopardize his job at the time if he thought MJ was on drugs. LaPerruque never observed any problems in 2007 with MJ being under the influence of prescription drugs. (ABC7) The bodyguard said when he returned to work for Jackson in 2007-early ’08, the singer seemed to have a clear path of what he wanted to do. La Perruque reiterated that he didn’t see any signs Jackson was struggling with prescription medications in ’07 or early ’08. (AP)
Chang: Do you have any idea who was in charge of MJ's finances in 2007? LaPerruque: Raymone Bain (ABC7)
The head security said he learned Bain became MJ's manager in 2006. She was the CEO/president of MJJ Productions. She signed his contract. Chang asked if LaPerruque noticed there was a transition with Bain's position at the time he wasn't paid. He said he didn't know. LaPerruque said he wasn't aware of MJ's worth and/or debt at that point. He received call from Bain said MJ would not be needing security. (ABC7)
LaPerruque said Janet Jackson hired him and other personnel to work at the May 14, 2009 event, which was her parents' anniversary. The event took place at Chakra Indian restaurant in Beverly Hills. That was the last time LaPerruque saw MJ, a month prior to his death. Chang showed picture of MJ on June 2009. Chang: He did not look anything like this, correct? LaPerruque: Correct. Chang: If he had you'd have been alarmed? LaPerruque: Yes (ABC7) Chang also clarified when La Perruque last saw Jackson. He said last week it was two weeks before the singer’s death. In fact, it was in May, during an anniversary party that Janet Jackson threw for her parents at restaurant in Beverly Hills. Chang showed La Perruque the June 19th photo of Michael Jackson in which he looks extremely thin. She asked if he looked like that in May. I couldn’t see La Perruque, but he seemed taken aback by the photo. He said that’s not how Jackson looked in May 2009. The bodyguard added that if he had seen Jackson as he appeared in the photo, he would have been alarmed. (AP)
Chang: Was he a kind and gentle person? LaPerruque: Yes
The fact that MJ was one of the most famous artists in the world didn't change his way of being humble, LaPerruque said. Chang asked if LaPerruque knew MJ gave thousands of dollars to United Way. He said yes. LaPerruque told the jury there was a time where MJ asked him to go toToys R Us to buy as many presents he could. He said MJ wanted to give the toys to the children at the Women Shelter in Hollywood, Florida. He said MJ spent thousands of dollars there, and MJ decided to declined his appearance because he didn't want it to become a media circus. "We went and donated the toys," LaPerruque said. LaPerruque said MJ learned with his mother to give money to the poor. (ABC7) La Perruque was asked about Jackson’s charity and he cited instances when the singer bought toys for a Florida women’s shelter. Instead of delivering the toys and causing a scene, La Perruque said Jackson had his bodyguards deliver them. The singer would also stop his car and give money to people on the streets, a practice he learned from his mother, La Perruque said. (AP)
Chang: Based on your observations and the things he told you, did he love his mother? LaPerruque: Yes C: Did she love him? LP: Yes
LaPerruque described MJ's relationship with his children as excellent. "It was a very loving relationship," he said. LaPerruque: They wanted to be with their father, I think MJ was the happiest when we was with his children. He said MJ wanted them to really want something and appreciate what they had. MJ would restrict his children to one present and one present only when they went to a toy store, LaPerruque testified. MJ's intention was for the kids to really want something and appreciate what they had, LaPerruque explained. LaPerruque: Not only that, he pushed them toward educational type of toys that they could've learned from. "He wanted to be the best father ever," LaPerruque testified. One of the things LaPerruque remembers the most about Michael Jackson is the fact that MJ was always kind and gentle with his children. (ABC7)
The bodyguard described the close and loving relationship Jackson had with his mother and his three children. La Perruque: “I think Michael was at his happiest when he was with his children.”He added that Jackson didn't spoil his children. Jackson would only allow his children to buy one toy apiece when they went shopping, La Perruque said. Chang: “Did he want to be remembered as the greatest entertainer in the world or the greatest father?” A: “I would say the greatest father.” (AP)
The 2001-2004 period was the time MJ was trying to quit addiction to drug use, wanted his family away from Neverland, LaPerruque said. For the parents' 60th anniversary party, the restaurant was closed for Janet Jackson and the party members. (ABC7)
LaPerruque: In my course of employment with Mr. Jackson we'd have a room for him for down time also called green room. LaPerruque made sure the room was set for MJ upon arrival. They first saw each other in the main room but talked in the private room.(ABC7)
Chang: A family member come to the ranch on one occasion, right? LaPerruque: Yes.
Chang: Was MJ always able to perform and complete his functions? LaPerruque: Yes.
Chang: If there was ever a time he could not get up on stage to perform, that would've been a concern for you? LaPerruque: Yes
AEG redirect
Chang’s questioning concluded, and Putnam only asked a few questions. He asked if Jackson’s late night calls came during the same time period as the clips of him performing at the Democratic fundraiser, American Bandstand event. La Perruque said they were. The calls occurred over was a broad time period, from 2001 to 2004. (AP)
LaPerruque is then excused.
Eric Briggs Testimony
AEG redirect
AEG Live defense attorney Sabrina Strong questioned Briggs first today, questioning him about areas where his opinion had been attacked. Briggs maintained that any projection of Jackson’s future earnings would be speculative and he didn't try to estimate a figure. Briggs said calculations that Panish walked him through last week weren't credible. He called them the results of a “math problem.” The figures Panish had Briggs tally were very similar to what $1 billion+ figure that plaintiff’s expert Arthur Erk generated. Briggs: “Those are tours that never took place.Those are imaginary tours that are the result of a math problem.” (AP)
Sabrina Strong did the questioning. She asked if Briggs recorded the time worked in this case as it's customary in the industry. "During the course of my 15 year career, this is the normal course we bill clients," Briggs responded. Strong asked if the amount he billed had anything to do with his opinions. Briggs said no. (ABC7)
Briggs: I set out to evaluate the reasonable projections based on Mr. Erk's numbers. He said he attended Erk's testimony, gave depositions, did extensive research to come to his conclusions and opinion. Briggs said the first time he saw Erk's projections was during Erk's deposition in March. He was deposed a couple of days later. Briggs said after his own deposition, he did additional research. He looked into the history of MJ's tour in the US and overseas. He also analyzed the history of any artists selling out all the shows. Briggs said the projection was done based on a solo artist, thus he didn't analyze MJ as part of Jacksons 5 group. Briggs said he analyzed Erk's projection and upon concluding it was speculative, it wasn't for him to speculate forecast in lots of pages. (ABC7)
Strong asked about Brian Panish inquiring Briggs' background in audits. "This case does not involve audit dispute," Briggs responded. (ABC7)
Briggs said Erk submitted specific projection of an entertainment project that MJ would've potentially be part of. "What the economics of the project is is what I do every day, evaluating risks and projecting income," Briggs explained. Strong showed slide created by Panish. The blue bars is what has been publicly known to have occurred, Briggs said. Strong asked if the green bars are "imaginary tours" result of math problem. "Those are tours that never took place," Briggs said. Briggs explained Panish's math: MJ's average public multiplied by number of shows by other artists multiplied by Erk's $108 tix price. Briggs said Panish used 3 different statistics and multiply them all. "It's just a math problem," he said.Strong: Looking at this, did Mr. Panish compare apples to apples? Briggs: I don't think so. Briggs said 55k people multiplied by 167 shows in AC/DC tour results in over 9 million tickets, doubled what was ever associated with MJ. Briggs said HIStory tour sold 4.5 million tickets for 82 shows, Bad also sold roughly 4.5 million tickets for 123 shows. Briggs: Historically, his shows sold 4.5 million tickets, appreciating he sold more albums at that point and was more active. Strong: Was that the peak of his career? Briggs: I think so. Briggs said Erk's projection is "significantly in excess of MJ's prior tours & significantly in excess of imaginary tours Panish calculated". Strong: Could MJ have audience of 13 million on his show? Briggs: I don't know how you can be reasonably certain that would've happened. (ABC7)
He told the jury you can't assume that just because a promoter added concerts, it would definitely sell out. Briggs: “Simply adding shows doesn’t mean the audience will keep showing up to fill the arena.” The global attendance for two of Jackson’s previous tours, “Bad” and “Dangerous” was roughly 4.5 million concertgoers, Briggs said. Erk’s projections more than doubled that figure, which Briggs said wasn't supported by Jackson’s touring history. (AP)
Briggs said Gongaware email communication indicate there was a proposal to go on a worldwide tour on Sept. 26, 2008. Briggs said there were number of words in the email that indicates to him it was a preliminary plan. "This is clearly in the early stages of a proposal," Briggs said. In Sept. 2008, the agreement between MJ and AEG had not been signed yet. Regarding email saying "his gross would approached half a billion dollar," Briggs said he interprets it to be total ticket sales/merchandise. Erk's projection was $1.56 billion, he compared. Email says "Net to Mikey $132 million," which Briggs explained indicates the amount AEG was expecting to have MJ net. Briggs said Erk projected roughly $900 million net for MJ. Briggs: There was no formal plan (for world tour), this is early proposal and Mr. Erk's projection was entirely speculative. Regarding shows in Japan and India, Gongaware was planning 4 shows in India. Briggs said Erk projected 60 shows in India. Gongaware planned 8 shows in Japan plus 1 private for a total of 9 shows, versus Mr. Erk's projection of 50 shows in Japan, Briggs said. (ABC7)
Briggs said he saw some headlines regarding MJ donating proceeds from a tour to charity. He said he doesn't know if that ever happened. Briggs said he relied on Gongaware's testimony that MJ's tours lost money or broke even, since the actual amount is normally confidential.Strong: If he didn't make money from those tours, would he donate money? Briggs: If he didn't make any money there would be no profit for him to donate. (ABC7)
Briggs reviewed Dr. Shimelman's deposition in this case. The doctor was asked to give his best estimate of MJ's life expectancy in June 2009.Briggs: He clearly stated that Michael Jackson's life expectancy was 1 week as of June 2009. Strong: What other issues did Dr. Shimelman rely upon other than MJ's use of Propofol? Briggs: He spoke specifically to the synergy of the drugs MJ was taking and the impact of them on the artist. Briggs said Dr. Earley and Dr. Levounis also relied upon knowledge of history of his drugs use/manner which he took them for their opinion. Strong: Did they rely solely on Propofol use? Briggs: There were testimony of the synergy of the drugs, the interaction of the drugs MJ used (AB7)
"I don't see how an interest for a world tour makes it reasonably certain it will happen," Briggs said.He said there was no agreement beyond 50 shows at the time of MJ's death.Also, there's a need to consider MJ's history of drugs use and canceling shows, and the broad risk in the business. Briggs said there was significant demand that exceeded expectations for the London show. "It means in London there were many people interested in seeing MJ do what he did best: perform," he explained. But Briggs testified there was a difference between demand for seeing MJ and a company sponsoring the artist.He said AEG was not able to secure any endorsement even after the high demand for tickets. Briggs: It indicates there was a demand, it does not alleviate the health risk, it does not alleviate the cancellation risk. (ABC7)
Tom Barrack testified he did not know about Mr. Jackson's drug use, Briggs said. Briggs said he was asked to analyze what we have today and the key factors we know now that we didn't know back then. "Erk specifically stated he did not take Michael Jackson's drug use into consideration to form his opinion," Briggs testified. "There's no reasonable basis for those projections based on the facts we know," Briggs concluded. (ABC7)
( Outside the presence of the jury, Putnam told Judge Yvette Palazuelos that Panish threatened Briggs during the break. Putnam said Panish told Briggs "you're lucky we're in court." "I can't have my witness threatened, you honor," Putnam said. Panish said the events were not quite like that. He told the judge Briggs ran him over, said "this witness ran me over".Judge laughed and said "I'd be surprised if anyone can run you over, Mr. Panish." Panish said he didn't touch or hit him. Judge: Mr. Panish, don't talk to any witness unless you're talking about this case. Panish: I didn't threat him, he's not afraid, he'd know if I threatened him. (ABC7) )
Jackson recross
In re-cross, Panish asked if Briggs was put aside to accommodate another witness who had scheduling problems. He said yes. (ABC7)
When Panish took over, he asked Briggs if it was fair to say his fees for the case were over $700k. Briggs said that was fair to say. Panish then said that for $700k, his opinion was that Jackson wouldn't have earned any money for his children. Briggs said any projection was speculative and he wasn’t there to speculate.(AP)
Panish: Is it fair to say your bills is $700 thousand now? Briggs: That's fair to say. Panish: And for 700k your opinion is that MJ would not have earned one dime from working to give to his children? Briggs: Any projection of earning is speculative Panish: In your opinion, it's speculative MJ'd earn any money working, correct? Briggs: Yes. Panish: You don't determine what's relevant in this courtroom, right? "Concerning my opinion, I determine what is relevant," Briggs said. (ABC7)
Panish asked about Briggs' interaction w/ MJ Estate's lawyer. "I told you there was not a written waiver with the Estate," Briggs explained. The Estate has different lawyers, they are not represented by Panish's firm, Briggs said. He said his understanding is that his partner called the Estate lawyer, Jeryll Cohen, notifying he would testify in this case. Panish: So that statement under oath was untruthful, sir? Briggs: That's not correct, that was my best understanding at the time. Panish said Briggs testified he asked the Estate for permission to be hired by AEG and testify in this case. "I now understand the substance of the call was not an authorization but a call of notification," Briggs explained."There was a call to notify the Estate not to receive authorization from the Estate," Briggs said. Panish: Is your testimony you called Ms. Cohen prior to signing the engagement letter with AEG's attorneys? Briggs: That's not correct. "I never called Ms. Cohen to get authorization to testify," Briggs said. "No one called for authorization, they called for notification." Briggs said his partner, Roy Salter, called Hoffman's company to notify Briggs was going to testify in this case. Panish: And you are as sure of that as everything you testify to in this case, correct? Briggs: Yes. Briggs said the general counsel at FTI took care of the issue. (ABC7)
Panish: Are you concerned about giving false testimony under oath? Briggs: Of course I'm concerned of giving false testimony under oath!
"There was no authorization sought, there was a notification to the Estate," Briggs said.
Briggs said he doesn't have any record of speaking with Salter about it.
He said his best recollection is that it happened a few days prior to the firm's engagement with AEG's counsels. (ABC7)
Panish showed Briggs' opinion. "This is the basis of my opinion that it's speculative that the UK shows would be completed," Briggs said. "One basis is the health of MJ," Briggs said. "As part of that basis, life expectancy is key." Panish: Did you write anything up about the Coroner's testimony? Briggs: I did not. Panish asked if Coroner's testified about life expectancy. "I understand the Coroner was not deposed," Briggs said. Therefore, he said he could not note anything about it in his notes. "I did not make reference of autopsy report," Briggs explained. (ABC7)
Panish asked how many projects MJ did after the "Dangerous" tour. Briggs said it depended on how the work was classified. Panish named several projects MJ worked, such as Luciano Pavarotti Benefit for the Children, "United We Stand" 911 benefit. He also performed in NY with Bill Clinton, participated in movies "Man in Black 2" and "Miss Castaway," Thriller 25 album re-released. Briggs knew about some of the projects, not all. He said "Thriller 25" was extremely successful.(ABC7)
After the break, Panish asked Briggs about several projects that MJ completed after the HIStory tour that the consultant hadn't considered. They included some of the events that La Perruque testified about this morning, including the “Men In Black: II” cameo. Panish also asked about the release of a No. 1 hits compilation, the “Thriller 25” release in 2008 and 100 songs MJ recorded between ’01-‘08 Briggs said he couldn’t say for sure how involved Jackson was in any compilation or album re-release projects. (AP)
Panish: Do you know he recorded 100 new songs between 2001 and 2008 for new release? Briggs: I did not know that. "Just to be clear, I'm giving an opinion to future earning, not about his albums," Briggs said. Briggs explained if they had a plan, that would be in support of the O2 tour, as well as detailed budget and financing. "Financing appeared to be in place for O2 concerts, yes," Briggs said. There was also a director and approximately $34 million investment. O2 arena's capacity for MJ show is 15,000 average. "The contract contemplated a possibility for a world tour," Briggs opined. "Territory is a define term in the contract," Briggs said. " Territory is defined as the world." Panish: Is this evidence a world tour was contemplated by MJ and AEG Live? Briggs: Yes, this is evidence a world tour was contemplated.(ABC7)
Panish showed email Kathy Jorrie wrote: Nonetheless, I recommend that a background check be performed through a private investigator and/or at a minimum, that someone at AEG Live meet with Michael Jackson to make sure he understands that we are entering into a tour agreement with him that will require him to perform a worldwide tour... (ABC7)
Panish asked about a line in an email by Kathy Jorrie, the attorney who drafted Conrad Murray’s agreement, that mentioned a worldwide tour. Briggs confirmed that Jorrie wrote that Jackson would be required to perform a worldwide tour. He reiterated his opinion, based on reading testimony from medical experts, that Jackson’s drug use might keep the world tour from happening. Panish also showed Briggs an email from AEG Live CEO Randy Phillips from March 2009 that said the company had a 4-year plan for MJ concerts. Briggs said just because there was demand for Jackson concerts, it didn't change the risk factors that MJ wouldn't be able to tour.(AP)
Panish: You told us MJ's drug use makes it speculative that he could do a worldwide tour and earn a dime? Briggs: His drug use was a factor and basis for my opinion. (ABC7)
Briggs said endorsement companies have a long memory about the people they want to associate themselves with. Panish asked if endorsement companies had a long-lasting memory about Tiger Wood. Briggs said athletes and very different from artists. Panish: Tell us every endorsement deal you remember you reviewed as part of your experience. Briggs said he doesn't remember reviewing specific contracts for endorsement, need moment to think. The expert did say he reviewed 50 Cent and Vitamin Water endorsement deal. Briggs said he's reluctant to disclose values, but knows 50 Cent received equity in the company. Panish: It was more than $100 million, wasn't sir? Briggs: Not at the time, he entered into a deal thought to be much less than that.
Briggs said the deal was around $10 million, but he doesn't recall any cash transaction. Today the deal is said to be valued $100 million. Briggs wrote in his note: Paul McCartney -- $5 million Lexus Rolling Stones -- $10 million Citibank Others in the $1-2 million range.Panish asked Briggs where that information came from. Briggs said he doesn't recall, can't give specifics. (ABC7)
Regarding the 4 year plan that included Australia tour, Briggs said: "I do not see how demand addresses a one week life expectancy."(ABC7)
Panish addressed the judge: Your honor, I ask that Mr. Putnam stop making comments. Judge: I already said I'm not going to babysit the two of you. Jury didn't laugh this time around. (ABC7)
Panish discussed with Briggs, extensively, the chart and how Erk arrived at those numbers. (ABC7)
AEG redirect
Strong, in re-re-re-direct: Did you ever dispute a world tour was contemplated? Briggs: I did not. He said he took that in consideration, but it didn't alleviate some of the concerns he had. (ABC7)
Briggs said the general counsel of his firm cleared that there was no conflict of interest for him to testify in this case. "The Estate has not objected to my involvement in this case," Briggs said. (ABC7)
Jackson recross
Panish, in re-re-re-cross: You're sure as anything else you testified that your company contacted the Estate before signing the agreement? Briggs: That's correct.
Briggs is excused and judge gave a break in the afternoon session.
Timm Wooley video deposition
AEG's attorneys played video deposition of Timm Wooley, a financial advisor who worked on "This Is It." He's been an advisor for 20 years. (ABC7)
Woolley was a tour accountant who spoke to Murray about the terms of his contract and forwarded him draft contracts. Woolley was deposed in Florida in June 2012. He said he never read Murray’s draft contracts and denied he negotiated with the doctor. According to Woolley, he called Murray to work out details of what he needed to work on the “This Is It” shows and details for a contract. Woolley said he was instructed by AEG Live executive Paul Gongaware to deal with Murray. The men spoke in early May.(AP)
Kevin Boyle, Jacksons' attorney, did the questioning. Boyle asked if he thought it was weird MJ wanted a doctor on tour. "It was his choice, whether it was usual or not usual was not my place to decide," Wooley responded. "I think I wanted to get Mr. Murray off my back," Wooley said regarding emails he wrote to Murray. He said the intention was to put him off. (ABC7)
Wooley said Prince had done some shows in O2, he acted as financial consultant. Gongaware contacted Wooley to work in the "This It It" tour. Wooley got an email in early 2009. He said Gongaware wanted him as his deputy to work on projections, payables, payroll, petty cash. "(I) Deputed for him in matters financial, when delegated to me," Wooley explained. Wooley said he did not do the negotiations with Dr. Murray. He said negotiations is a broad term, may have done some work. He said he gathered information on behalf of MJ, his doctor that the artist wanted to contract, Wooley explained.Wooley said Gongaware told him MJ wanted to hire Conrad Murray, whom he said he later found out was MJ's primary physician. Boyle: Did you ask why MJ wanted a personal physician on tour? Wooley: Not mine to ask. (ABC7)
Wooley remembers calling Murray once in early May to check if he needed anything that he would get the info to the appropriate people. One email says: "Need for one venue-based, one home-based extracorporeal CPR units." Wooley said he suggested Dr. Murray to get CPR units. He said he was working for the tour, called the doctor on behalf of Michael Jackson. Boyle: Did you take any orders from MJ? Wooley: No. "I enumerated that item as an item he might wanted to have," Wooley said about the CPR, or defibrillation, units. He said in his community there was installation of CPR units in some houses and he thought of asking. Boyle asked if Wooley lived in a retirement home. He said he's not retired. Boyle: Did you have any reason to believe MJ could have suffer a heart attack? Wooley: None (ABC7)
Murray wasn’t forthcoming with what he needed to treat Jackson, so Woolley said he suggested he have two CPR machines for use in London. Woolley said he didn’t have any specific reason to think Jackson needed a CPR machine, but suggested it as a precaution. (AP)
"I was gathering information to compose projections and budget," Wooley testified. Boyle: Did you discuss Dr. Murray giving injection of Propofol to MJ? Wooley: No. Wooley never discussed the need for IV lines and needles. He said the doctor told him he may needed an assistant. Wooley said they did not discuss need for nurse or doctor. "We didn't talk about his services," Wooley said. (ABC7)
Boyle showed an email Wooley sent to Dr. Murray on May 14, 2009. It says he was following up with Dr. Murray. Email from Murray on May 15, 2009: As for good faith w/ my client... I'm sure you're aware my services are already fully engaged with MJ. Wooley doesn't remember the email and doesn't know what "my services are already fully engaged" meant. "I was attempting to be helpful," Wooley explained. He said he was not aware that Dr. Murray was treating MJ on behalf of AEG. Email from Dr. Murray: Dear Timm, I gather from your last email my contract is taking a little more time to get than usual... Email said his services are being done in good faith and asked, in reciprocity of good faith, to have payment for May deposited. "I didn't have any agreement with Dr. Murray," Wooley said.(ABC7)
Boyle: Did AEG have an agreement? Wooley: Never. There was never a completed agreement between Dr. Murray and AEG. Wooley said he had no idea if AEG would pay Dr. Murray for May. He said he never read the contract. Wooley testified he would've told Dr. Murray he would not get paid until the contract is completed. Wooley said he does not recall specifically receiving an email from Dr. Murray with his bank account info and request for $150k payment. Wooley said he does not remember if he asked Dr. Murray his bank account number. The advisor said he was gathering the information with Dr. Murray to be put in a contract . (ABC7)
Woolley said he was self-employed but paid by AEG. He said he took orders from Gongaware but did not take orders from Jackson. Woolley wrote Murray that the type of contract he needed to work on “This Is It” tour was rare and needed to be specially drafted. The men exchanged numerous emails in May and June 2009, with Murray trying to get AEG to pay his $150k a month fee. (AP)
Email on May 28 from Wooley to Murray said doctor's contract was delayed because it was rare event physician engaged to go on tour. "Yes, as far as I know, I was telling the truth," Wooley said. "I was putting him off." (ABC7)
Boyle wanted to know if Wooley asked why they were taking the doctor along. "Did I not say it was Mr. Jackson's request and it was not my place to question that?" Wooley responded.(ABC7)
Wooley said Dr. Murray came from Vegas and MJ was living in Vegas for a period of time. Wooley wrote email that AEG policy dictates you can only pay someone w/ fully executed contract. He said he knows it based on his experience. (ABC7)
Wooley testified he forwarded to Dr. Murray the contract Kathy Jorrie sent him. He said he did not read it.Boyle showed Wooley a chain of emails between him and Kathy Jorrie. He said he did not recall the chain specifically. In an email, Wooley apologized for the delay in getting the contract to Murray, said once contract is executed AEG could pay May/June salary."There wouldn't be any payment until a full agreement," Wooley said. (ABC7)
Woolley forwarded draft contracts prepared by attorney Kathy Jorrie to Murray and also tried to obtain the doctor's medical records. The medical records were needed for a second physical that insurers wanted on Jackson in order to get additional tour insurance. Woolley said he couldn't remember whether Murray ever provided the medical records to AEG. (AP)
Wooley said he remembers Dr. Murray had MJ's medical record from 2006 to 2009. It was needed for purposes of securing insurance. Wooley testified Dr. Murray seemed to be the person to have the records, which was needed for underwriter of insurance. (ABC7)
Wooley said they would not have needed CPR units until they went to the UK. He did not quote any prices for the machine. Wooley expressed he never discussed with Dr. Murray what kind of treatment he would be giving MJ. (ABC7)
Wooley testified he never saw any of the drafts of the contract between Dr. Murray and AEG, only forwarded them. Brigitte Segal was MJ's personal tour manager, Wooley said.Wooley was not asked to run a background check on Dr. Murray and doesn't know if it was ever requested by anyone. (ABC7)
Wooley said Dr. Murray asked for a "locum," a British medical term for a person who stands by in place of a physician. (ABC7)
He also said he never estimated how much getting CPR equipment in London would cost, and never discussed medical treatments with Murray. Woolley maintained throughout his testimony that Murray was Jackson’s personal doctor and he never had an agreement with AEG. His deposition was taken by plaintiff’s attorney Kevin Boyle and there was no cross-examination by AEG lawyers played for jurors. (AP)
That ended Wooley's deposition