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Murray Trial Day 2 - September 28 , 2011
Morning Session
Resuming with Paul Gongaware (PG) on the stand. Ms. Brazil is continuing cross examination.
The recapped schedule for tours. From Jul to Sept there were 27 shows then a break from Oct-Dec. Then there were 23 shows between Jan-Mar. (8 shows in July, 10 in August, 9 in Sept, 10 in Jan, 10 in Feb., and 3 in Mar.)
After the tour ended in March there were plans to add additional shows but PG stressed these were only plans.
Early June there was a meeting to discuss MJ's health and stamina attended by MJ, CM, PG, Frank Dileo, Randy Phillips. It was a positive meeting. PG was also aware of the June 20 meeting but did not attend.
PG saw CM at rehearsals at Forum rehearsal after the early June meeting. PG did not see Murray at other meetings.
PG saw MJ rehearse on June 24th and 25th and thought MJ was strong, excited, full of energy, and engaged.
Defense cross examination
Defense go over PG's history with MJ. PG says he was tour manager of Dangerous and did not see MJ very much. In History tour for the first leg he worked with the promoter and in the second leg he was tour executive. PG talked and interacted with MJ in the second half of History. PG worked on TII from the start.
Defense brings back the day Michael came from Dr. Klein. PG says he saw a slower speech pattern and a little slur in his speech. PG says he was on the look out for any drug usage by Michael.
PG says his relationship with Michael was business relationship but friendly. If PG needed to get in touch with MJ, he would see him at rehearsals if MJ was there. Or, if needed, he would go through Michael Amir.
Meeting in early June was pushed by Kenny Ortega who was concerned that MJ was missing rehearsals.
PG did not know how many practices CM had, the value of his practices, or what kind of doctor CM was.
When he turned down $5 mil, Cm did not try to negotiate another price. That was the end oof their correspondence until MJ prompted PG to contact Murray and offer CM $150,000/mo.
PG did not know Murray was a cardiologist. He did not read the final contract and did not know how long Murray was to receive $150,000. He did not see the completed contract between Murray and AEG. PG was not involved and did not know about the contract between AEG and Murray.
Defense tried to bring up lawsuit against PG and AEG that is by Katherine and he was shot down.
Brazil recross
PG did not know Conrad Murray (CM) gave MJ nightly doses of propofol. CM did not seem surprised that PG was contacting him about his services. He didn't have to explain in depth why he was calling.
PG says a personal doctor for tour is normal but the $5 million was high in his opinion.
Defense recross
PG made a phone call to another doctor to get an idea about acceptable payment.
MJ said "they needed to take care of the machine." There were no further conversations about any medical needs of MJ.
Kathy Jorrie Testimony
Examination of Kathy Jorrie (KJ) is a lawyer with Luce, Forward, Hamilton, Scripps and is in charge of their LA office.
She was contracted by AEG to draft a contract for services involving CM and MJ. She began drafting contract in May-June timeframe after being contacted by Tim Wooley (TM) of AEG. TM sent her basic information. KJ sent first draft of the contract to TM on June 15th. TM forwarded the contract to CM and KJ received phone call from CM about the contract draft.
The start date of Murray's contract was when all three parties signed the contract. The contract was not valid until this was done.
Initally CM contract had a end date of September 2009. CM called KJ asking to change the end date to March 2010. Kathy queried CM as to whether he asked MJ about getting paid during the hiatus of Oct-Dec and all of the way til Mar 2010. CM said he did and MJ was willing to pay for his services during hiatus and till March 2010.
Final contract was signed by CM and sent back to KJ on June 24th, 2009.
KJ spoke to CM twice about changes to contract. CM requested certain changes, one was for the start of his payment to be retroactive to May, 2009.
KJ said CM did not want his name on the contract but instead wanted the name of his company, GSA Holdings. KJ said she could add the company to the contract but needed to have his name on it as well.
Another change was for a medical professional to be available in London. KJ asked CM why this was needed. CM said it was for if Murray was unavailable or needed to rest, that someone would be there.
There was a right to terminate the contract immediately if MJ no longer wanted CM. Also, if the tour was cancelled. Murray wanted a provision that said if a termination for any of those reasons occurred past the payment date of the 15th of the month, CM would not have to return the payment for that month.
KJ had a conversation on Jun 18th with CM about medical equipment needed to be included as a provision in the contract. KJ wanted to know why he needed this equipment including a CPR machine. CM said when MJ was performing at the O2 arena he was going to be performing extraordinary things. Also considering his age, CM wanted the machine. KJ asked wouldn't this be at the arena? CM told her he didn't want to take any chances. KJ was worried MJ might have a heart problem or was unhealthy. CM assured her he was healthy. CM told KJ three times that MJ was in perfect health.
They also discussed where CM was licensed to practice medicine. Murray told Kathy he was licensed to practice in CA, TX, NV, Hawaii.
June 23 conversation: CM had some revisions he wanted. He asked the term to be changed from September 2009 to March 2010. Start date was changed to May 1. Contract said "services requested by the producer" CM asked it to be changed to "artist". KJ asked CM to help with medical records of MJ to submit to insurer for concert cancellation insurance. Insurer company asked for 5 year of medical history. CM asked KJ to send what is required to MJ's house.He said that he had only been the physician of MJ for 3 years and since MJ was in such good health, the file would be very tiny. KJ later provided CM insurer company's information so that he can contact directly.
CM repeatedly told her MJ was healthy, in excellent condition, he was great.
Prosecution presented contract that Murray sent to KJ on June 24th. The only signature on it was CM.
Above where MJ was supposed to sign reads:
"The undersigned hereby confirms that he has requested Producer to engage Dr. Murray on the terms set forth herein on behalf of and at the expense of the undersigned."
The contract was between Murray, AEG Live, GCA Holdings with the consent of Michael.
Defense cross examination
Contract was not signed and no payment was made to CM - at least by AEG. CM had to provide liability insurance and medical malpractice insurance.
CM told KJ he would need the equipment in London. First time KJ talked to CM was on the 18th. When she received the information from Tim Wooley, the CPR machine was already on the list of machines CM needed.
Kathy: "Murray said he needed the CPR machine for MJ at the venue. He did not indicate home use."
KJ was not aware of the hours CM would be providing services to MJ. She assumed they would be during the day. She had no hint that the services would be at night.
Records were not provided to KJ. But she requested that medical reords be sent to the broker trying to secure the insurance (Bob Taylor).
According to the contract CM was not prohibited from doing other things at all.
Contract was terminable at the discretion of MJ. CM was not guarateed the next month of employment.
Michael Amir Williams Testimony
Personal assistant of MJ. Had been employed by MJ in mid 2007. Before this he had been brought on to archive and organize MJ's films and DVDs.
MAW did anything MJ needed and considered himself a friend of MJ's. MAW was a liason between MJ and security and major staff. MAW would come to Carrolwood and call to make sure MJ didn't need anything. If not, he would go to the security trailer.
According to MAW only MJ and his three children lived at Carrolwood on a continuous basis.
Walgren then shows several pictures depicting the layout and some interior/ exterior photos of Carolwood.
Security routine: An advance vehicle, MJ in principal vehicle with driver and MAW and a security detail following them.
Fans outside the house. If any security ever did anything against his fans, they would be gone according to MAW. MAW mentions MJ stopping, talking to fans, getting gifts, pictures to sign.
MAW said he was a fan first so tried to sneak to see of MJ performing. But MJ usually had him doing things for him/ running errands.
It was a rule across the board that no one would go upstairs unless they were asked specifically which was very rare. MAW said that MJ liked his privacy.
MAW met Murray for the first time in 2008 in Las Vegas. He saw Murray visiting MJ's house in Las Vegas in 2007. MAW would call Murray in 2008 at Michael's request to treat the children and him.
Amir said that in Apr/May/Jun it was common to see Murray's BMW parked there after rehearsals and still there in the morning. During this time MJ asked MAW to sometimes call CM even though he had a cell phone.
MAW said they left for rehearsals late afternoon and did not return after it was dark although the time varied. MAW said that it was not uncommon for him to call Murray ahead of time to make sure he was at home.
MAW said they were late on the 24th going to the Staples Center. They left around 5 or 6pm give or take an hour or two. MJ was in good spirits ans was adamant about getting there on time. Amir said that he thought the rehearsal on the 24th was great. "MJ told me he only gave 30/40% at rehearsals. But I thought it was great."
MAW lived in downtown LA and left Carolwood to go home after making sure that MJ was in the home. Security was 24 hrs around home. They would either be checking gates, doing perimeter checks but were stationed in the trailer.
At 12:13pm, MAW received a phonecall from CM. MAW was not able to answer this since he was in the shower trying to get dressed. When he came out and saw the phone, he had a message. The message said to call CM right away. He then called CM back. CM didn't ask him to call 911. CM told him to "Get here right away and send someone up" and that Michael had a bad reaction.
A still photo of the phone (MAW's phone) was labeled People's 12 and the video of the voicemail was marked as People's 13. A transcript of the video message was labeled as People's 14.
"Call me right away. Please call me right away. Thank you."
Walgren goes over MAW's phone calls on the 25th.
At 12:15 MAW calls CM back and CM tells him that MJ had had a bad reaction and asks him to get someone up to the room. Amir said Murray did not ask me to call 911 initially.
After he got off of the phone with CM, MAW called Faheem Muhammad (FM) at 12:16 and told him to go upstairs. FM told MAW that he was not on the property to run an errand to go to the bank. MAW told him to hurry and get back home.
There were then 3 calls between Amir and Alvarez that were not being connected so he then contacted Derrick Cleveland (another security). He did not get him. Later he was able to talk with Alvarez. He told Alvarez to go to the house and told him to run. Nanny opened the door. Alvarez asked MAW for permission to go into the house and go upstairs. Alvarez hanged up the phone after a little while. MAW made multiple phonecalls.
Amir: "It took maybe 30/40 minutes to get from my home to Carrolwood. When he got there medics were bringing gurney down."
MJ's kids were in the car to follow the ambulance to the hospital. MAW thinks CM looked frantic. CM ride with the ambulance. People were following them to the hospital. MAW shielded the children with their jackets and took them inside the hospital to a private room with their nanny. They placed a security on the door. MAW waited outside the room they were working on Michael. Slowly people such as his manager and family came to the hospital. Later they learned that MJ dead.
After Michael was announced dead, Murray asked him if he or someone else could take him back to the house so he could get some cream of MJ's that he was sure MJ would not want the world to see. MAW said "let me check". He spoke about this with Faheem Muhammed (FM). He told FM he was goig to tell CM that the police had his keys.
He then spoke to CM again who asked to be taken to go get something to eat. MAW refused.
MAW went to FM and told them to call the security and tell them to lock down the house and do not let anyone go in or out.
MAW did not see CM after that talk about food. MAW gave CM's contact information to the police. After MJ was announced dead MAW and the other bodyguards loaded the cars and drove to fool the media so that the Jackson family can leave without being followed. On the ride MAW received a phone call asking them to come back to Carolwood. They spoke to the police at Carolwood.
Oxygen tanks was normal. Security would pick oxygen tanks and bring to the house.
Defense cross examination
Defense asks if the first time MAW mentioned the cream to the detectives was in August 2009. MAW says yes.
MAW denies planning a lie with FM. He says he just told FM what he would say to CM and FM said "do whatever you need to do".
MAW says there was a lot of police officers both at UCLA and Carolwood. Police asked him about the timeline of the day. MAW says that his initial talk with police wasn't in detail.
MAW says he spoke to Michael several times a day. Defense goes back MAW first seeing Murray in 2007. MAW says that he just saw Murray to go to the house. MAW says he never learned or know how MJ and Murray met.
Defense mentions the phone calls between MAW and CM. Defense asks if sounded like an emergency. MAW: "When I hear someone has a bad reaction, I don't think anything fatal - me personally. I wasn't asked to call 911. He told me what to do and I did it what doctor told me to do - get someone up there quickly"
2 security on the property 24/7. House has gates and those gates are monitored. Family only allowed by Michael's request.
Murray Trial Day 2 - September 28, 2011
Afternoon session
Michael Amir Williams (MAW) - Cross examination by Ed Chernoff continued
Frankly, a lot of what Ed Chernoff asked MAW was tedious and irrelevant, so for this part of the testimony, only relevant material will be posted.
MAW states that he left at either midnight or 1 a.m. on 6/25/09 after dropping MJ off from rehearsal. Chernoff asks if it was unusual for MAW to be at the Carolwood home at 12 pm during the week, MAW states no. Chernoff then states that Murray said "Get security up here" (meaning upstairs), MAW states that no, Murray said "Get someone up here." MAW states called Alberto Alvarez, Faheem Muhammad and a guy named Derek, all security for MJ.
Chernoff and MAW then go through pointing to specific doors at the Carolwood home.
Chernoff asks MAW, if Murray had told MAW to call 911, would MAW have done so. MAW answers yes. Chernoff then asks if MAW would have gotten a voicemail from Murray telling him to call 911, would he have done so. MAW answers yes, and then he would have called Murray. This goes on for over a minute. Chernoff continues to ask whether it was usual or unusual for Murray to call and tell MAW to get someone up there. This continues for several seconds.
Chernoff moves back to whether it was usual for MAW to be at the Carolwood residence at 12 pm on a daily basis. Chernoff states that MAW called Faheem Muhammad first, Alberto Alvarez later. MAW has known Faheem Muhammad for ten years, and Alberto Alvarez for five years. Alvarez was brought in to work for MJ in 2008.
Chernoff asks about a security company called Security Measures. MAW states that they were hired in 2008, MAW was "instrumental" in helping to connect Security Measures and MJ.
After MJ died, MAW states that he got into a blue Escalade, along with Alberto Alvarez and Faheem Muhammad. The three of them planned to be a decoy, to distract from other cars that were trying to leave UCLA.
Chernoff asked MAW where he was when MAW talked to police in August 2009, 2 months after MJ died. Chernoff basically asks if Alvarez and Muhammad were with MAW at the same time and place as MAW when giving their statements to police. MAW says he could not recall. MAW also states that he could not recall if he talked to either Alvarez and Muhammad about MJ and his death in the two months that transpired after MJ's death.
MAW states that the meeting with the police was postponed because the police postponed it. Chernoff states, "Well, that's interesting but what I want to know is did you speak..." At this point, Judge Pastor states, "Editorial comments are not appropriate for either parties..." (Essentially, Judge Pastor admonishes Chernoff for the comment.
Chernoff asks if MAW took the video of the voicemail of Conrad Murray telling MAW for help on 6/25. Chernoff asks if MAW had help making the video, MAW states yes and his wife helped him. Chernoff asks MAW if he received voicemails from others on 6/25, MAW states yes, that he received many on that date. Chernoff asks if he received voicemails from Alberto Alvarez or Faheem Muhammad, and MAW states he cannot remember.
At the time of death, MAW had worked for approximately two years, he stated. As MJ's personal assistant, MAW stated that he did whatever MJ asked him to do, for the most part. MAW stated that MJ had his own cell phone, but if someone needed to get in touch with MJ they would call MAW.
Chernoff asks MAW if he picked up prescriptions for MJ, MAW states yes. MAW also states that he accompanied MJ to Dr. Arnold Klein's office. Chernoff asks MAW if he heard the audio tape of MJ (the one where he is clearly drugged). Chernoff asks if MAW felt that when MJ left Klein's office, if MJ's speech was slower. MAW says yes, but not to the extreme of the tape he heard.
Chernoff asks if MJ kept his medical conditions separate from MAW, MAW states yes. Chernoff asks if MAW ever called Dr. David Adams for MJ, MAW states the name sounds familiar, but he cannot say for sure. Chernoff asks if MAW can remember calling Adams in Las Vegas, MAW says he's not sure.
Chernoff asks how long MAW stayed at the Carolwood house. MAW states a few hours, he talked to police and waited for MJ's family to arrive. Chernoff states that the entire security team had been replaced, and MAW states yes. Chernoff asks if it surprised MAW, MAW stated no. MAW states he called either Frank Dileo or Randy Phillips to make sure it was okay that the new security team was there.
Redirect from Prosecutor David Walgren
Walgren asks MAW about MJ's slow speech when leaving Dr. Klein's office. MAW states that it was not unusual, but it was not every time either.
Walgren asks MAW about the recording Murray made of MJ in a 'very intoxicated state". MAw states he heard of it on the news because it was everywhere. Walgren asks if MAW had ever heard of MJ in that state, MAW states "Never, never in that extreme." Walgren asks if it was shocking to MAW. MAW states, "Yeah it was kinda sad."
Recross by Defense Ed Chernoff
Chernoff asks if MAW has ever called Cherilyn Lee for MJ, MAW states yes. Chernoff asks if MAW had ever called Cherilyn Lee because MJ was sick, MAW states that Faheem Muhammad called Lee one time because MJ was not feeling well
Faheem Muhammad (FM) Testimony
Prosecutor Walgren Direct
In June 2009, FM states he worked as a security chief for MJ, for approximately 10 months. As chief of security, he made sure MJ's house and children were protected, and daily routine was safe and planned out. FM states he was stationed in the trailer outside of the Carolwood home. FM states that he would deal with Michael Amir Williams, not MJ directly. FM states that he initially was hired as a driver, but then promoted to chief of security.
FM states that he saw Murray daily and stayed overnight every day at the Carolwood home. FM states he did not know the details as to why Murray was staying the night. FM states that he saw oxygen tanks in the trailer, Murray brought the tanks to the back door, and security would bring them inside the trailer.
On 6/24, FM drove MJ to Staples to his last rehearsal, leaving at approximately 7 p.m. Michael Amir Williams accompanied both FM and MJ to Staples. FM states that there was an underground parking lot, and that Alberto Alvarez would meet them, and take them on a golf cart to MJ's dressing room. FM states that his duty was to set up security at specific doors, but that he was also able to observe some of the rehearsal. FM stated that MJ's rehearsal was excellent and high energy. FM states that he, MJ and Michael Amir Williams left at approximately midnight. FM states that MJ stopped outside Staples to greet fans, and in front of the Carolwood home. FM states that they arrive approximately 1 a.m. FM states that security would normally take gifts that fans gave MJ and leave them at the bottom of the stairs. MJ would then say goodnight and go upstairs. FM stated they had a security meeting, and then went home.
On 6/25, FM states that he arrives at Carolwood at approximately 11:45 a.m. FM states that he left the property to go to the bank. FM states that he then got a phone call from Michael Amir Williams, stating that MJ had a bad reaction and to go upstairs. FM stated he was not at home, but that he would go back and he did.
FM states that he arrived back at the house, types in the PIN for the gate, and enters the house. FM called Michael Amir Williams, asks if he can enter the house and go upstairs. FM states the he did go upstairs. FM entered the room that MJ was in, he states.
Walgren asks FM when he came into the room MJ was in, what did he see? FM states that he saw Alberto Alvarez pacing the floor, he saw MJ's feet on the side of the bed, as FM moved closer, he could see MJ's body and Murray to the side of MJ. FM states that he saw MJ at the far side of the bed, his feet were on the floor. FM states that Dr. Murray was to the right of MJ on the far side of the bed.
FM states that he asked Alberto Alvarez how it was going, Alvarez states it's not looking good. FM states that he moved closer to the far side of the bed, Murray appeared to administering CPR, Murray was nervous, sweaty. FM states that he then saw MJ's face and his full body. FM states that MJ's eyes were open, mouth slightly open, and when asked, FM states that MJ appeared to be dead. FM states that he saw no medical equipmentattached to MJ.
FM states he then realized that both Paris and Prince were inside the room slightly. FM states that Prince was "slowly crying" and Paris was "balled up on the floor, crying". FM got nanny and moved them to downstairs. Then FM went back upstairs.
CM asked if they knew CPR, Alvarez went to help CM with CPR. After FM went back upstairs asked Alvaraz if 911 was called. Alvarez said yes. FM went down again to get the cars ready. Paramedics arrived, FM escorted them up to the room. FM was mainly in the room while paramedics working. FM left the room twice to put the children in the car and talk to the security saying that they'll be leaving soon and get ready for paparazzi.
FM said he saw an IV stand in the room, he did not realize any other medical equipment.
They followed paramedics to UCLA. When they arrived paparazzi was at UCLA. They took their jackets to shield MJ's body so that paparazzi cannot take pictures. They also escorted the children inside. FM talked to UCLA security about family arriving and not let in people trying to sneak in. FM helped UCLA security to let Jackson family in and keep other people out.
MAW talked to FM about CM wanting to go home to get a cream. FM says that they agreed that CM should not be let into the house. FM states that MAW came up with the story to say that police took their keys.
FM states that at UCLA Murray wanted to leave because he was hungry. FM stated that there was a cafeteria at the hospital.
FM states he remembers seeing an IV stand in the room where MJ died. FM states he does not remember if there is tubing attached to the IV, but he clearly remembers the IV stand in the room.
FM states that after he spoke to Dr. Murray, FM went to the room where his children were. FM believes that at that time, the children were getting ready to see MJ's body. FM eventually left UCLA with Michael Amir Williams, Alberto Alvarez, and he's not sure, but maybe Isaac, a guard from Carolwood. FM says he was not sure where they were going, but that the police called and asked all of the security to come to Carolwood. FM states that they did talk to the police at Carolwood on 6/25.
FM states that he talked to the police again in August, 2009.
Defense Cross Examination - by Chernoff
FM states his wife picked him up from the Carolwood home. FM states that Murray asked if he would take him to Carolwood and to get him something to eat, FM states he said no. When FM left Carolwood, Murray's car was still at the residence.
FM states he watched Murray walk away from UCLA. FM states he does not know what time he left the hospital.
FM states that the first time that he mentioned that Murray wanted to get something to eat and leave UCLA, was in August, 2009. FM states that he made his statement to the police in his attorney's office. Chernoff repeated asks if Alberto Alvarez or Michael Amir Williams were there, or if FM saw them before or after he talked to detectives. FM states he did see Alberto Alvarez at the attorney's office.
FM states he knew Michael Amir Willaims for 10 years, in a social capacity.
FM states his normal shift approximately at 11 a.m. and leave at 7 p.m., but if MJ was leaving, he would stay and accompany him. FM states he took MJ to see Dr. Klein. FM states that MJ often left Klein's office tipsy, and at times, Klein's staff would have to accompany MJ downstairs and to the car.
FM states that MJ once said to him, "You must think I'm crazy for going to Dr. Klein's office so much." FM states that he didn't see MJ one way or the other, and MJ states that he was going to Klein's office because his doctors told him that he had to go to a doctor for a skin disease.
FM states that at Carolwood in the month prior to MJ's death, he never saw another doctor come there.
FM states that he knows who Cherilyn Lee, and that she was hired for the kids. FM states that he knew Lee professionally and that she was hired. FM states that he called Cherilyn Lee for MJ. Michael Amir Williams told FM that one of MJ's hands was hot, and one of his feet was cold, and to call Cherilyn Lee. FM states that he thinks he left a voicemail, but ultimately talked to her, but cannot recall the conversation.
Chenoff asks if FM told the police that CM was helping MJ to sleep. FM said yes it was rumored. Chernoff asked if everyone knew, FM says he can't say what other people knew. FM says the security didn't discuss it among themselves.
FM says the house didn't have any land line phones.
On 25th FM came to Carolwood around 11 AM and left to go the bank after 12PM. FM said that he can come and go and do tasks. FM says there was a security camera recording the gate. FM is not sure about a security camera recording the door of the house.
June 27, LAPD asked FM to help them to take surveillance tapes from the gates. FM helped a technician from LAPD. FM cannot remember what was downloaded.
Defense again asks how many times FM went up and down the stairs. FM repeats 4 times going up and down the stairs again. FM calls the scene shocking, seeing Michael. FM says he doesn't recall what was on IV and does not recall any other medical equipment.
Defense again asks about the security leaving the hospital. FM said they received a call asking them to come back to Carolwood to talk to police officers. They were outside the front door talking to the detectives.
Chernoff looks for pictures to show, and shows pictures of the bodyguards talking to the detectives. FM yawns and nods to the jury while waiting the defense to find the picture. Chernoff spends several minutes asking FM identify the people on the pictures.
FM said that after Carolwood he took the detective Abdul to Hayvenhurst so that he can talk to the nanny.
Prosecution Walgren redirect
FM when talked to detectives on August 31, 2009 he was alone in the room with the detectives and his lawyer. Alvarez and MAW was not with her.
Nurse Lee is a nutritionist and that's all she does.