Jacksons vs AEG - Day 40 – June 28 2013 – Summary

Katherine Jackson is not in court.

Karen Faye Testimony

AEG Cross

AEG defense attorney Marvin S. Putnam is cross-examining Faye. He started out stating it had been 7 weeks since she was last in court. (AP) Faye testified 7 weeks ago, May 10. Putnam asked her if she done anything to prepare, like look at the transcript. She said yes, periodically. "I was deposed for 4 or 5 days and I talked to plaintiffs for 1 day," Faye said. She reviewed transcripts but not what she said on the stand. She didn't look at exhibits, but met with plaintiffs' counsel, Faye said. (ABC7) Putnam asked whether Faye had reviewed her trial testimony. She said she hadn’t. She reviewed her deposition. Faye said her deposition spanned five or six days. At one point, she held up her hands to show how huge the file was. (AP)

Putnam asked Faye about her interactions with Michael Jackson after his acquittal in the child molestation case. (AP) Faye got MJ ready for the criminal trial in June 2005. She didn't talk to him at the day of acquittal, he left for Bahrain. Putnam: Were you upset you that you had been there every day and he didn't say good bye? "He had been thru a horrible, horrible ordeal. Whatever he had to do to recover from that, that was fine," Faye said. Faye on MJ: "I understood that he wanted to leave." (ABC7) Faye didn’t talk to Jackson after his acquittal. Putnam asked Faye whether that upset her. “It didn’t upset me. No sir.” Faye on not talking to Jackson after his acquittal: “He had been through a horrible, horrible ordeal and I was by his side sir.” (AP)

Faye said MJ never returned to Neverland after that, neither did she. She didn't see MJ in 2008 at Carolwood. Faye didn't talk to MJ when he came back into the country, heard from him every 3,4, 5 months and they were like brother and sister.

She said she talked to him every few months, but didn’t see him again until April 2009. She found out about ‘This Is It’ tour from the news. (AP) Faye said she found out about "This is It" tour on the news. She wasn't surprised, MJ had mentioned he had projects. Faye said she got a call from Michael Amir mid March saying he was MJ's assistant; Michael wanted her to go on the tour with him. She said she didn't think it was strange that Michael had an assistant calling her. Previously, MJ would call her directly. "He didn't give me too much information, said MJ would call me from blocked number, make sure to pick up, it had to do with tour," Faye said. It was a really happy and light conversation, Faye recalled. "Work with me Turkle, Work with me Turkle," Faye said MJ told her. "We kind of laughed and chuckled. I think I mentioned in that conversation I was excited for him going back on tour," Faye testified. Faye said MJ told her he thought it was only going to be 10 shows but when he woke up, and it was now 50. He was a little discouraged about the number of shows, Faye said. She told MJ they would have to work on his hair to get him ready to tour. Faye said she knows that was part of their conversation, but wasn't sure if it was part of their first conversation. (ABC7)

Putnam: He asked you to work on the tour and you said yes?
Faye: Yes (ABC7)

Faye said she remembers seeing the media following his bus, but is not sure she saw the press conference announcement live. "His wig was so big," Faye said, explaining that because of her work she notices people's hair and make-up. "I thought his behavior was a little odd, but not out of the ordinary," Faye said. (ABC7) On seeing Jackson’s press conference announcing the London shows, Faye said, “I just thought he had a really bad hairpiece on, sir.” Faye said she thought his wig was too big. Putnam asked her about Jackson’s behavior. She responded, “I thought his behavior was a little odd, but not out of the ordinary.” (AP)

Putnam: How did you think he looked?
Faye: Oh, ok. I just thought that he had a really bad hair piece on (ABc7)

Karen Faye revealed she found texts that helped her remember when things happened during prep for the “This Is It” tour. AEG attorney Marvin Putnam seemed surprised. Putnam asked Faye when she discovered the texts, and when she handed them over to plaintiff’s counsel. She said she turned them in today. Faye didn’t give the text messages to AEG’s lawyers. Putnam: ““I guess we’re getting them now.” (AP) Faye said she found some text messages related to the period, couple of days before MJ's death. Faye said she didn't even know she still had the phone. She said she looked at the texts to remember dates, turned them to defendants today. Faye said she was sick a couple of weeks ago and that's when she found the phone. Faye: You keep asking me things about dates, I'm trying to remember, I was trying to refresh my memory about things. (ABC7)

Putnam asked if she found anything else and she quipped, “I was going through my drawers. I found some sexy things for my boyfriend and I.” Putnam asked whether she found the proceedings funny. “I don’t think the case is funny at all sir,” Faye responded. (AP)

"I was concern on how close the shows were together, sir" Faye said. She reached out to Kenny Ortega and Michael about it. Faye said she learned about the tour schedule online. She doesn't recall if there was a three month break. "He might make 1st week but it will go downhill after," Faye said. "I felt the schedule was too difficult for him to maintain" (ABC7)

Putnam: You didn't see MJ for 4 years and thought it was a problem?
Faye: I said it could possibly be problem, I didn't say it was definite (ABC7)

Putnam showed Faye the calendar for the shows of "This Is It." She said she had not seeing it, what she saw was a list online. Faye agreed with the concept that she did call and expressed concern, but didn't say it was dangerous and impractical. "I had no concept of Michael's ability at this time," Faye said. "I was always protective of Michael and his well being." Faye: When I saw that there may be a problem, I did speak out, but exactly what they are talking here, I don't know. "I think he didn't know how the schedule was, he should go a look at the schedule and how he feels about it," Faye explained. "That's funny, my mother said the same thing," Faye said MJ told her. "By the conversation I had with him, he didn't seem to know the structure, only that it was 50 days," Faye said about MJ. Faye: I just wanted him to make sure he knew the schedule and if he was comfortable with it (ABC7).

Faye was asked about her conversation with Jackson about the “This Is It” shows. She says the singer seemed surprised about the 50 shows. Faye recalled Jackson telling her, “’ It started out as 10 shows and then I woke up and it was 50.’” Faye said she was concerned about how close together the “This Is It” shows were and she reached out to Kenny Ortega, the tour director. “I didn't say definitively that it was going to be a problem,” Faye said. “I said this was something we should look at.” She added that she thought Jackson needed more time to recuperate. Putnam asked whether she called schedule dangerous. Faye said she didn’t characterize it that way. “I said it wasn’t the best schedule for Michael to be successful,” she said. Putnam showed her an email Ortega sent to AEG exec Paul Gongaware saying Faye raised concerns about the schedule. Faye said they were Kenny’s words and not hers. She said she didn’t recall saying the schedule was dangerous. (AP)

Faye said she worked with a wig maker and they both went to Carolwood to see MJ. "Sir, we needed to prepare for the show, sir." She testified she needed to get some funds to start working on MJ's wigs and was told to speak with Dr. Tohme. (ABC7)

Faye was then asked about the Jackson family maid, Grace Rwaramba and her role during the molestation trial. She said she thought Jackson was better off when Grace wasn’t living at Neverland Ranch during the trial. (AP) "I really, really loved Grace when I first met her," Faye said. "I adored her, I was really happy Michael used her as the nanny." "As her responsibilities grew, she kind of stood in the way, it seems she always tried to keep me away from Michael," Faye said about Grace. "Michael seemed to have more difficult time when Grace was brought back to Neverland," Faye said, referring to the time of criminal trial. "I just noticed that Michael started having a lot of back pain" Faye said. "With the symptoms of losing a lot of weight, and the pajama day". Faye explained the day during the criminal trial MJ went to court wearing pajamas one day. That day, Michael went to the hospital because something happened to his back and they gave him some pain killers, Faye testified. "The judge was informing MJ he had to go to court or he would be sent to jail" Faye said. So he went to court in pajamas, couldn't get ready. "They were going to throw him in jail if he didn't get there on time," Faye said. (ABC7)

Faye said a lot of her information came through Taunya Zilkie and their concerns. Taunya took care of Faye's businesses affairs. Putnam said the contract with between the company of her Taunya's company, not Faye. Putnam: Did you have an understating as to whether or not you were an employee of AEG Live? Faye: I worked for This Is It and the production of the tour. "I think I was giving her (Taunya) something to take care of all my business and pay bills, but can't recall the amount," Faye said. (ABC7) Faye was then asked about her contract with AEG to work with Jackson on “This Is It.” She said she wasn't paid until contract was signed. (AP)

She was asked about the wigs she bought for Jackson, which she said were ventilated. She said she needed 5 wigs for the London shows. (AP) "The process of his hair took a long time," Faye said. Faye said she needed to be able to get to MJ, so she asked in the contract to be close to him. "I don't know where they were going to put me," she explained. "I wanted to make sure they could get to me if they needed." Faye said MJ liked privacy. "When you do somebody's hair there's a lot of things involved and he didn't want people to see it," Faye said. Faye said she needed probably 5 wigs, each costing $3,500. She said it was a long process to get one ready, needed reserves for emergency. "It meant Michael didn't want anybody to know he wore a wig," Faye said. Faye requested the wig receipt be as discreet as possible. (ABC7) She was also asked about contract terms that called for her to submit itemized receipts for expenses only if Jackson approved it. Faye: “I wanted it to be as private for him as possible.” (AP)

Botox inhibits sweating, so Faye thought MJ could have Botox injection on his scalp and he wouldn't sweat, the wig would stay on. Faye said Latisse and Propecia prescriptions for Michael were under her name. The Propecia rejuvenated hair on men's scalp, Faye said, and she needed as much healthy hair as possible. Faye said one of MJ assistants would sometimes give her skin creams to give to MJ. (ABC7)

"Ortega demanded Michael to take off sunglasses, they gave me orders sir, but not pertaining to make-up and hair," Faye said. (ABC7)

Putnam: Did you work for Michael Jackson?
Faye: He requested me, sir, he called me and asked me (ABC7)

Putnam: Did they do a background check on you?
Faye laughed out loud and said, you're so funny. I don't think so(ABC7)

"No, there was no background check done on me," Faye said, explaining she knows the background check is one of the issues of the trial. Faye said she saw information about the trial on the news and internet. She worked with MJ for 27 years. Putnam asked if AEG did financial check on her if they'd find problems. Plaintiffs objected, asserting witness's privacy. Judge sustained it (ABC7)

Putnam asked Faye what she did in April and May 2009 to prepare for the tour. She said she attended productions meetings at Center Staging. "I was researching all the adhesives available, trying to figure out ways to have my job be successful," Faye said. Faye said she worked in a bedroom downstairs at the Carolwood house, never went to the second floor bedrooms. Faye doesn't recall how many times a week she saw MJ from March to June. In the first period of rehearsals, Faye said he seemed ok. "In compared to how I used to know him, it was little different, I can't say it was exactly how it used to be," Faye said. "I noticed some physical things that were odd," Fayed recalled. Faye said rehearsal was really, really dried and that kind of bothered her. "His thinness was still bothering me," Faye testified. "He wasn't gaining anything that was a concern." Faye said she was so concerned she brought an old time MJ's cook who had a restaurant nearby to bring him food. "It wasn't the MJ at 29, but he did Billie Jean and it was MJ, everyone was really excited about that," Faye said about rehearsals in June. (ABC7)

"I asked Michael's security if he was going to see Dr. Klein," Faye testified. "I was kind on the lookout for doctors getting involved," Faye explained. Putnam asked why Faye inquired specifically about Dr. Klein. "Because in the media, there were reports that he had gone to Dr. Klein," Faye explained. "What I asked is how often he went there." Faye said they said Jackson's security confirmed MJ was seeing Dr. Klein maybe 3-4 days a week. That concerned her, Faye said. "Because of the past, when I'd see doctors get involved in Michael's life," Faye explained. Faye said she expressed that concern to Frank DiLeo, MJ's manager at the time. Faye never spoke with MJ about it. "I was really getting worried about Michael's psychological state," Faye said. She was concerned about Dr. Klein and aware of Dr. Murray in the week prior to MJ's death. Faye said she had a conversation with Kenny Ortega about Dr. Murray. She never asked about Dr. Klein. Faye said she can't recall ever having a conversation with Ortega about Dr. Klein. (ABC7)

Putnam: Did you express to KO any concern you had about Dr. Conrad Murray?
Faye: Yes, that he wasn't a psychologist (ABC7)

"I didn't know Conrad Murray at that particular point other than expressed the concern of what I think Michael needed," Faye said. (ABC7)

Regarding the fitting day, where MJ wore t-shirt and shoulder piece, Faye said she was there but didn't see him when they did the fitting. Faye said she saw MJ down to t-shirt several times, since she had to wire MJ, put wires and battery packs on him. (ABC7)

Putnam: Did Randy Phillips ever pressure you to get MJ on stage?
Faye: No
Putnam: Did Paul Gongaware ever pressure you to get MJ on stage?
Faye: No 
Putnam: Did Randy Phillips ever personally instruct you to never listen no MJ?
Faye: No 
Putnam: Did Paul Gongaware ever personally instruct you to never listen to MJ?
Faye: No 
Putnam: Did you ever observe Randy Phillips tell anyone to get MJ on stage to rehearse? 
Faye: He told me he wanted to build a wall around Michael so he doesn't want to do anything but get to rehearsal. 

Faye said she wasn't around Phillips a lot, so she didn't recall Phillips telling anyone to get MJ on stage to rehearse. (ABC7) Faye told jurors that she was never pressured by AEG executives Randy Phillips or Paul Gongaware to get Jackson to rehearse. (AP)

On June 22, Faye went over to MJ's house to replace MJ's wig. She waited couple of hours and was told to leave, MJ didn't want to do it. (ABC7)

June 23 was the first time they were at Staples Center. Faye said she was extremely concerned with MJ's health on June 19th. "I was very concerned during this period of time, I was very, very frightened," Faye explained. She said she had horrible thoughts. "I made a phone call to security Alberto Alvarez on Saturday and asked him to watch MJ very closely that I was concerned," Faye testified. Faye said Alvarez didn't want to stay on the phone, had to go and hung up. Faye said she didn't have an opportunity to talk to anybody on June 22 about MJ and she didn't want to ask the children. On June 23, Faye said there were lots of meetings at Staples Center with MJ. She was alone with MJ at some point in the day. Faye said she didn't remember what she said to MJ, it was probably how are you doing, probably addressed him very casually. (ABC7)

Putnam: Did you think MJ had a good rehearsal on June 23?
Faye: It was much improved, sir
Putnam: How about the 24th?
Faye: It was improved (ABC7)

Putnam asked Faye how Jackson's performance was on the 23rd. Her response: "It was much improved." Putnam asked, "Did it restore your hope?" Faye replied, "Oh yeah." (KABC)

Putnam asked if Faye thought MJ would be ready to tour after those rehearsals. She responded "oh no, oh no!"
Putnam: You didn't think he was ready to go?
Faye: Oh no (ABC7)

Faye explained MJ didn't gain any weight, there were changes that needed to be done to get him ready, perhaps if they could delay it a bit.

Putnam: So you didn't think he could be ready after watching those rehearsals? 
Faye: No

"It was a very strenuous show," Faye said. (ABC7)

Faye said there was hope, though."I saw more of Michael, he was laughing, I saw him participating, yes, there was some relief." "He was still cold, but his spirit was better, sir," Faye said. "I wasn't concerned for his weight for everyday life, but I was concert for his performance weight," Faye explained. (ABC7)

Putnam: Did you ever testify his work weight was 120 pounds?
Faye: Lisa Marie Presley gave me that information
"Lisa Marie Presley and I became friends and she told me MJ liked to be at 120 pounds," Faye said. (ABC7)

Putnam: Did you say he lost 10-15 lbs the last week of his life?
Faye: It was an estimate, yes

Putnam: Were you observing Mr. Jackson becoming thinner and thinner?
Faye: Yes (ABC7)

Faye said that in Mar/Apr she told Michael she was concerned with his weight. She never talked to him about it during last weeks of his life. "Michael wasn't very coherent that week to have a discussion like that," Faye said. Faye said people who didn't know MJ very well would probably not realize he lost lots of weight because of the several layers of clothes. (ABC7)

Putnam asked Faye about the fact that Coroner's report saying MJ was 136 lbs at the time of his death.
Putnam: Did you think it was impossible for him to weigh that much?
Faye: Yes
"Because Michael had lost so much weight and he kept losing weight. 136 lbs was a lot for MJ," Faye explained. (ABC7)

Defense attorney Marvin Putnam asked Faye if she would be surprised that Jackson weighed 136 pounds when he died. Faye's response: "136 pounds would be good for Michael." (KABC)

Faye said she was a bit upset that no one seemed to have been listening to her back in June 2009. "I was voicing my opinions and what I thought and I wasn't getting too much response, sir," Faye said. "He would pretend everything was ok" Faye said. But she never asked MJ if he was ok since she thought he wasn't in the state of mind for it. Faye did not express any of her concerns to MJ's family remembers. (ABC7)

Putnam asked if Faye and MJ knew each other well. Faye said he thought so. Faye said MJ believed in doctors and that wherever they prescribed he thought it was ok. Faye said the first time she heard about Propofol was after MJ died. She was surprised about it. (ABC7)

Faye testified earlier in the case that MJ didn't take no for answer. She said it had to do specifically with her work. (ABC7)

Faye said MJ talked about the tour seemed he was trying to convince himself to do it. "It was always like he was talking himself into it." (ABC7)

Putnam: That last week, you didn't know what was going on?
Faye: Right 
Putnam: Did you think MJ was self-sabotaging?
Faye: I didn't understand what was going on (ABC7)

Email Faye sent to Frank DiLeo was a note from a fan concerned with MJ's weight on June 20, 2009. Faye wrote in the email: Frank... Unfortunate she's right. I'm fearful he I'll make himself so sick be will die. If he doesn't do this show he has no where else to go. Another fan email forwarded on June 22 from Faye to DiLeo saying MJ was too thin. When he asked me to do this in May and met with him. I saw a slender but strong and coherentMichael Jackson. "I felt desperate when I wrote this email, because I felt I wasn't being heard or acknowledged," Faye said. "It seems like he is setting himself up to be the victim," Faye wrote in the email to DiLeo. "I thought the best pathway, he needed some psychological help," Faye explained. "I'm trying to figure out what is going on." Faye said she thought there was some sort of fear with MJ. "He hurts himself most of all," Faye wrote. Putnam asked what she meant by that and Faye said "He's dead!" "I don't think you, Kenny or Randy deserve becoming the villains, or the financial victims," Faye wrote. "This is between you and me alone," Faye wrote in the email to DiLeo. "I am leaving this in your hands as you have instructed me to do." Faye said she was trying to get their attention to do something. "I was desperate. I wanted a therapist for Michael." No response from Frank DiLeo or anybody else, Faye said. Putnam asked about her saying it was between the two alone, and she said her intention was for someone to help Michael. Faye's email to DiLeo: Michael is painfully thin... His bones are protruding. I'm one person that has physical contact with him very day. Michael's OCD is getting worse. He repeats his actions and rambles words constantly. (ABC7)

Hair and makeup artist Karen Faye testified about two emails she sent to Jackson's manager Frank Dileo within the five days before the singer's death that his health was deteriorating. In one of the messages, Faye warned Dileo that he and AEG Live CEO Randy Phillips might become "villains" or "financial victims" if Jackson were to die while preparing or performing a series of comeback shows called "This Is It." Faye said she struck a dire tone in the messages because she felt that earlier concerns about Jackson's health had been ignored. Faye sent the warning that Jackson may die in a message on June 20, 2009 — five days before the singer died of an overdose of the anesthetic propofol. Two days later, on June 22, she sent the warning about Dileo, Phillips and tour director Kenny Ortega being held financially responsible for the entertainer's demise. "I don't think you, Kenny, or Randy deserve becoming the villains, or the financial victims," her email states. She wrote that the message was "between you and me alone." She told jurors she was concerned the men "could be responsible for that in some way. Just kind of like where we are right now," she said, referencing Katherine Jackson's ongoing civil case against AEG Live.Faye's emails described Jackson as emaciated, paranoid and unable to perform. She told jurors Friday that while the singer's performances dramatically improved in his final two rehearsals, she was still not convinced he would be able to perform the 50-concert schedule of "This Is It," let alone its premiere. (AP)

In an email on July 1, 2009, Faye expressed concern to Randy Phillips about footage of MJ shuffling and wrapping around in blankets. Phillips responded: We control all the footage and it is locked at the vault at staples center (ABC7)

Jackson redirect

Panish: Were you seeing Michael not able to sing and dance on June 16?
Faye: Yes, sir
Panish: Did you think that MJ needed some medical assistance that time?
Faye: Absolutely
Faye agreed with Bugzee that MJ was deteriorating in front of everyone eyes.

"He was not in good physical shape on June 19," Faye said. (ABC7)

Panish: Who did you negotiate your contract with?
Faye: AEG Live (ABC7)

"He was burned a long time ago, had damage to his scalp," Faye said about MJ needing wig. "He had 1st, 2nd and 3rd degree burn." (ABC7)

Panish: Were you being paid $150,000 a month?
Faye: No
Panish: Did you take the Hippocratic oath when you became a make-up artist?
Faye: No, sir (ABC7)

Panish asked if someone has died after getting make-up. "I never even burned someone with a hot iron, sir," Faye responded. (ABC7)

MJ went to rehearsal on June 18 but arrived late, Faye said. Ortega was very angry Michael was late to rehearsal. Faye said MJ was scared, paranoid, pressure on the last two weeks of his life. Putnam questioned Faye for 5 days in deposition related to Lloyds of London lawsuit. There were no lawyer representing the Jacksons. "I was quite sure he was deteriorating, sir" Faye said. "I had no idea what was going on, but there was something very, very wrong." Faye said she discussed with mortician MJ's body weight. Panish asked if he looked worse than on June 19. Faye responded: "He was dead, sir" Faye said on June 18 Michael was almost catatonic, stoic, appeared scared to die. (ABC7)