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Valerie77
.Giorno 1- 29 aprile 2013
(devo avvisarvi che le fonti anche fra i fans tengono conto del rapporto proveniente dall' aula della ABC e da vari giornali
Inoltre, l'inviato della ABC ha scritto chiaramente che il giudice ha vietato tweet dall'aula stessa e che non ci sono filmati video in diretta o in streaming del processo , vietati anche essi dal giudice. Il massimo che le televisioni possono fare č riprendere dall'esterno del tribunale) Hanno anche detto che l'aula č molto piccola e che ci sono pochi posti per il pubblico normale.
Il presente riassunto č stato postato da Ivy MJJCommunity(spero di riuscire a tradurre il prima possibile)Jacksons vs AEG - Day 1 - April 29 2013 – Summary - Part 1
Hearing about Motions
First day of Jacksons vs. AEG trial started with Judge hearing motions about whether Michael Jackson's medical history will be made public and objections about opening statements. (LATimes &AP). AEG objected a slide that referenced Amy Winehouse, heavy redaction of an email that talked about Murray’s visit to strip clubs. Judge ordered changes to strip club mentions and removal of reference to Amy Winehouse (AP).
Jackson’s lawyers opposed AEG slide that mentioned $40 billion damages. Jackson lawyers stated $40 Billion figure was thrown out there to preserve Jackson family’s rights and not filed with court. Judge allowed AEG to show damages slide to jury (AP).
During the hearing Judge asked if Conrad Murray will testify. AEG said they intend to call Murray as a witness (ABC7).
Opening Statements
First day of trial were attended by Katherine, Randy and Rebbie Jackson; AEG Live CEO Shawn Trell. Conrad Murray’s appellate lawyer Valerie Wass was present and she said to media Murray is innocent (ABC7). 16 media and 2 fans were also in the courtroom.
Katherine sat in the front row with Randy on her left and Rebbie on her right (AP).
Jacksons Opening Statement
Jackson’s attorney Panish started his opening statement by showing a clip of MJ rehearsing for “This is it” (AP). Panish briefly went over MJ’s life stating "Performing since 6 years old; 44 years in show business." (LATimes).
Jackson attorney Panish said that Jackson's death from an overdose of the anesthetic propofol was caused by a combination of factors.
Panish : "Michael Jackson, Dr. Conrad Murray and AEG Live each played a part in the ultimate result, the death of Michael Jackson," (Reuters)
Panish told jurors they would be putting together a puzzle, with three pieces being Jackson, Murray and AEG Live.(CTVNews)
Panish: “Michael had a problem, Dr. Murray had a problem and AEG had a problem,” (LATimes)
At his opening statement Jackson’s attorney Panish heavily focused on MJ’s prescription medicine addiction (AP). Jackson’s lawyer Panish stated MJ had developed a problem with prescription medication and at times became “dependent” on the drugs. Panish said MJ’s drug problem started in 1984 when MJ suffered second and third-degree burns while filming a Pepsi commercial. (LATimes)
Panish said MJ began taking Demerol after he was injured while filming a Pepsi commercial in 1984 (Reuters & CNS). Panish also stated that MJ also suffered from anxiety that “became more prevalent when he was going through a rigorous schedule.” (LATimes). Panish said there's no dispute MJ went to various doctors for Demerol and MJ also had problems with sleep and sought Propofol (ABC7).
"It was widely publicized Michael was dependent on pain killers," Panish said, adding that AEG Live should have been aware of the reports. (Reuters)
Jackson’s attorney Panish said MJ’s family and friends knew about MJ’s addiction problems and AEG is the only entity that claims to not know it (AP).
Panish detailed MJ’s prescription drug abuse history, saying the singer regularly used demerol and propofol, and that "people who knew him believed he had a problem with prescription medication." (ABC)
“Michael Jackson’s family suspected he had a problem with prescription medication,” Panish conceded. (CNS)
Panish showed jury the contract between AEG and MJ (AP). Panish stated that evidence will show that AEG and Murray had an oral contract and Murray stockpiled Propofol in anticipation of treating Michael for the tour. Panish also stated that MJ would get daily doses of Propofol for six weeks in May and June, leading up to his death (ABC7).
Panish mentioned Murray’s problems and his debt. Jackson’s attorney showed a slide showing Murray owed back child support and facing foreclosure.
Panish also stated AEG had problems; they were feeling pressure from Live Nation (AP).
Jackson attorney Panish : "You know what AEG’s problem was? They were not No. 1 in the concert business but they wanted to be." “You don’t do that with white gloves,” Panish said. “You do what you gotta do if you want to be No. 1 in this rough business of concert promotions.”
Panish showed several emails between AEG Executives. One of them was an email about TII press conference Phillips wrote to Leiweke that MJ was drunk and refusing to address the fans. Phillips wrote: "This is the scariest thing I have ever seen. He is an emotionally paralyzed mess riddled with self-loathing and doubt now that it's show time. He's scared to death."(CBS).
Another email was Gongaware’s email to Kenny Ortega that said “We want to remind him that it is AEG, not MJ who is paying his salary”. In his deposition Gongaware repeatedly said he didn’t remember the email or recall what it meant (AP).
Another email was from Phillips after MJ’s death which said “Conrad is nuts. Remind me to tell you about his visits (redaction – strip clubs) the week MJ died.” (AP)
Another email is from when AEG was putting together This is it movie. Email says make sure we take out shots of MJ in red jacket... He looks too thin, skeletal (ABC7)
Panish described to the jury a series of emails where AEG executives talk about backing off the show would be a disaster (ABC7)
Panish told jury that Phillips lied about MJ’s health before he died, and after his death, “The deception by Mr. Phillips doesn't stop.” (AP).
Panish said Kai Chase would testify that meeting between AEG execs, Murray and MJ ended badly. Kai Chase will testify that MJ left the meeting at Carolwood house, meeting with Murray continued for hours after Jackson left and that a vase was broken during meeting (AP).
“There were no rules,” Panish told the jury, when it came to furthering AEG’s success. “It didn’t matter what it took. … AEG had a problem and they wanted to fix it and they didn’t care who got lost in the wash.” “Forget about helping Mr. Jackson. The show must go on.” (LATimes)
Panish "There will be no question in your mind that they were ruthless and they wanted to be No. 1 at all cost," (CNN).
Jackson’s attorney Panish stated that AEG ignored several red flags such as Murray initially asking for $5 Million and eventually agreeing on $150,000 per month (AP). Panish said another doctor had told AEG he would do the job for $40,000 a month as long as Jackson was "clean," meaning not on drugs (CNN). Panish also stated that AEG did not do a background check on Murray (AP).
Background checks would have revealed Murray was deeply in debt and was a cardiologist even though Jackson had no known heart issues, Panish said. (Reuters)
"When a red flag comes up, do you turn away or do you look into it?" Panish said. "AEG ignored the obvious red flags and they hired Dr. Murray." (Reuters)
Murray's "financial condition made him susceptible to pressure and created a conflict between his patient's needs and AEG's needs." (Eonline)
"They put Dr. Murray in a position where if he said Michael can't go or can't play, if he said I can't give you those drugs, then he doesn't get paid," (CNN)
Panish showed a clip of Gongaware’s deposition in which he said they didn't investigate Dr. Murray and he had no supervision (ABC7) Panish said AEG executives lied to Kenny Ortega when Phillips wrote to him “his (MJ) doctor is extremely successful (we checked everyone out) and does not need this gig, he's unbiased & ethical” since they didn't check Dr. Murray, who was in financial distress. But AEG wanted the show to go on (ABC7).
Panish described MJ as “a devoted son to his mother, Katherine Jackson, and a devoted father to his three children.” (CNS).
Panish played “You are my life”, a song MJ wrote for his children Prince, Paris and Blanket, and a note MJ had written for his mother Katherine. It's called "Mother, My Guardian Angel." (ABC7). The note said “All my success has been based on the fact that I wanted to make my mother proud, to win her smile of approval."(AP). The reading of the note brought tears to Katherine’s eyes (AP)
Jackson’s lawyer: "We're not looking for any sympathy... We're looking for truth and justice." (ABC&AP)
Panish said defendants made up that the family was trying to recover $40 billion in special damages. He says it's $1.5 billion economic loss (ABC7). Jackson’s attorney told the jurors that they would be the ones to assign liability for MJ’s death, but they should look at AEG's actions and not focus on MJ’s issues.(AP) Jackson’s lawyer Panish: AEG took advantage of a sick man. No doctor ever gave MJ Propofol at home until Dr. Murray. AEG needs to pay the price.(ABC7)
"Michael paid the ultimate price. He died," Panish said. "Michael has taken responsibility." (AP)
"His stirring voice, his musical genius, his creativity and his generosity and his huge heart was extinguished forever," Jackson’s lawyer Panish said in his opening remarks (AP).
------------Summary - Part 2
AEG Opening Statement
AEG's lawyer Putnam said AEG has no choice and they will "show some ugly stuff" because AEG must defend itself from the accusations (CNN)
Putnam told the jury to look at the evidence, what it actually says. "This case is about the choices we make; and the responsibilities"(ABC7).
Putnam: evidence is going to show public MJ was very different from private MJ. MJ erected a wall between him and his family, staff. MJ kept his public and private life separated. He had 40 years to perfect that; he learned very well the cost of being exposed (ABC7)
AEG’s lawyer Putnam said MJ’s private life became known after he died. AEG lawyer says MJ’s guarded private life meant the company was unaware that he was using Propofol (AP).
"AEG knew nothing about this decade-long propofol use," Putnam said. "They were a concert promoter. How could they know?" (CNN)
Putnam says the company didn't have access to information shared between Jackson and his doctors. AEG’s lawyer Putnam said physician-patient confidentiality kept MJ’s reliance on propofol from becoming publicly known (AP).
Putnam said this also included Murray "He (Murray) couldn't tell anyone about the propofol use” (AP).
AEG lawyer Putnam said there was a public Jackson and a private Jackson, where his secrets were concealed (LATimes)
"The truth is, Michael Jackson fooled everyone," Putnam said. "He made sure that no one, nobody, knew his deepest darkest secrets." (AP & ABC)
AEG Lawyer Putnam: "The public Michael Jackson was very different from the private Michael Jackson. He erected a wall between himself and his family. Even his family wasn't sure what was going on at the house. He kept those who might have been able help him at a distance...AEG, like everyone else, was an outsider. They had no idea. [The propofol use] was going on behind locked doors. As with Mr. Jackson's life, his death was anything but typical." (EOnline)
Putnam: "Mr. Jackson got very, very, good at hiding his addiction. He didn't let anyone see it. Not his staff, not his children. This was the private Michael Jackson." (AP).
MJ’s ability to keep his private side private meant AEG could not see any red Putnam said "They (AEG) didn't see this coming. They (AEG) had no idea." (CNN).
AEG’s lawyer Putnam said Jackson family members will testify about their failed attempts at intervention and their lack of knowledge about what was happening.
"Even his family wasn't sure what was going on at time. They tried intervention and failed. Why? Because MJ was an addicted," said Putnam (ABC7)
Putnam: "If they didn't know what was going on, how could someone else think there was even a problem," (CNN).
Putnam showed jury MJ rehearsing “They Don’t Care About Us.” For This is it. Putnam said AEG executives watched MJ’s TDCAU performance.(AP) AEG’s lawyer argued MJ was amazing, attentive, great performance (ABC7) Putnam: ““He died two days later. That’s what you saw in public.” (AP)
Putnam mentioned the days after MJ’s death. Putnam said it took 2 months to find out what caused MJ's death. MJ had died of overdose of something called Propofol.(ABC7). AEG’s lawyer Putnam urged the jurors to remember that Propofol killed MJ. Putnam told jury they should distinguish between MJ’s painkiller abuse and his abuse of propofol (AP).
AEG’s lawyer Putnam: "One thing became very, very clear. While the world may not have heard of propofol, Mr. Jackson certainly had. The evidence is going to show you that he had been using that drug for years and years." (AP)
Putnam said that everyone knew MJ abused painkillers, since Michael announced it in 1993, ended the tour and entered rehab but AEG didn’t know about MJ’s decade-long Propofol use (ABC7).
Putnam said sometime in 1990s MJ began using Propofol. This was a big secret, so secret no one knew, not even his doctors.( ABC7).
AEG’s lawyer Putnam said jurors will hear from Debbie Rowe, who would tell them that Jackson used the anesthetic in the 1990s (AP). Debbie Rowe, will testify that she assisted in administering propofol to Jackson in the 1990s when she was a nurse. She saw several doctors put Mr. Jackson to sleep in hotel rooms while on tour," he said, including in Munich, London, Paris (CNN).
In 2007, Putnam says MJ approached AEG with the idea for a come back. But he decided he wasn't ready. In 2008, MJ approached AEG again. He was now prepared to go forward, Putnam said, even though he hadn't toured for about a decade. (ABC7)
Putnam mentioned Michael’s finances, his lavish spending and he was spending more than he was making. MJ was almost in $400 Million debt when he died (AP & ABC7)
“This is not a financial difficulty. $400 million is terrifying,” Putnam said. “And AEG didn’t know that.” (AP).
MJ had to bring in some money, Putnam said, so he had to go back Mas do what MJ does best: perform. There was no performer like MJ (ABC7)
AEG’s lawyer Putnam also mentioned Randy Phillips and Paul Gongaware to the jury. Putnam said Gongaware made travel arrangements for Jackson’s “Dangerous” tour, but not a bigwig on tour(AP).
Putnam also tells jurors that contract between AEG and Jackson didn't require him to show up to rehearsals. The issue of when Jackson rehearsed was between him and his creative team, i.e. Kenny Ortega. Putnam says “These agreements are never about going to rehearsal, they’re about shows.” (AP)
Putnam described for the jury how a concert happens. The producers advance money so the artist can put the show on the road. Once show is in full swing, the artist pays back the producers and they split the profits. MJ was to get 90% and AEG 10%, Putnam said (ABC7) Production advances, to cover mutually-agreed production costs was $7.5 million, Putnam told the jurors, saying it was MJ who choose the staff. (ABC7)
In February 09, MJ was required to do a physical exam in order to get non-appearance insurance. Putnam said MJ was seen by a doctor selected by the insurance firm and that doctor determined MJ was healthy, no sign if drug use (ABC7).
Putnam says MJ told Gongaware he was going to bring his personal doctor Conrad Murray to the tour with him(ABC7)
AEG’s lawyer Putnam showed the jury contract of Murray and stated that Murray signed June 14th version but MJ did not. Putnam explains the jurors how money on the tour worked -- some talent, staffers paid in advance against Jackson’s payments. Murray’s payments would have come out of Jackson’s payments for “This Is It” tour, Putnam tells jury. (AP)
AEG’s Lawyer Putnam: It was not AEG's choice who Mr. Jackson's doctor is. It's a personal choice by Mr. Jackson and he chose Dr. Murray (ABC7)
Putnam, said Murray was MJ's choice and that AEG executives didn't understand why the singer wanted to bring him to London, where there were any number of excellent doctors. (LATimes)
Putnam said Murray worked for MJ and that the $150,000 a month that AEG was supposed to pay him was an advance to MJ, just as it had advanced him funds to pay for other production costs and his rented mansion in Holmby Hills.(LATimes) MJ expected AEG to assume the payment for Dr. Murray just like he did with everyone else.(ABC7)
Putnam plays a portion of Murray’s interview with the detectives after MJ’s death (AP).
When asked by detectives after MJ’s death Murray replied “I am an employee for Michael Jackson but paid through AEG. Does that help you?” (LATimes)
Putnam told jury that LAPD interview shows Murray considered himself an employee of Jackson (AP). AEG budgeted Murray’s payments but never paid him (ABC7) "AEG Live never paid Dr. Murray anything, ever," (CNN).
Putnam called Jackson an addict and said the company shouldn't be held responsible for his death. (AP) Putnam went back to the addiction to painkillers issue again.
He said MJ would get minor cosmetic or dental procedures and get the drugs (ABC7) Putnam told jury after MJ’s 1993 rehab announcement MJ concealed his painkiller addiction. At one point, Putnam showed a slide labeled “Doctor Shopping” that featured 45 doctors or medical professionals who AEG says treated MJ.(AP) Defense mentioned various doctors who say Jackson asked for propofol, including Dr. Metzger and Cherilyn Lee.(AP)
Putnam said MJ was very secretive even with his own doctors. He wouldn't tell one doctor about what the other doctor was doing (ABC7) Putnam said MJ resisted all attempts to get help. Family tried interventions, he turned down rehab and denied he had any addiction.(ABC7)
Putnam said he wasn't going to talk about damages, because he said he didn't believe there were any. But then he showed info showing that Katherine Jackson's attorneys gave gave AEG estimating $40.2 billion in damages. (AP)
Putnam showed the floor plan of MJ's house. He said no one was allowed in MJ's bedroom, not even the housekeepers. Only Dr. Murray. Putnam said that at night MJ would lock his bedroom's door so no one had access to the room. He said it wasn't for AEG to look into Murray (ABC7).
"This case is about the choices that we make and the personal responsibilities that go with that," countered AEG attorney Putnam in his opening statement. Putnam stated MJ was using propofol as a sleep aid "behind locked doors." (EOnline)
At the end, Putnam urged the jurors to wait until they hear all the evidence from both sides before making a judgment. (ABC7 & AP).
AEG lawyer Putnam talking about MJ’s decision to be treated by Murray said: "This case is about personal choices. Also, it was about his personal responsibility. There's no question that Michael Jackson's death was a terrible tragedy.” (AP)
Putnam ended his opening statements saying: "I believe the evidence will show it was not a tragedy of AEG Live's making," (AP & ABC7)
http://www.mjjcommunity.com/forum/threads/...stimony-Summary
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