AEG Court Session 15: Disturbing Emails About Michael Jackson’s Health
On Tuesday, Shawn Trell returned to the witness stand to say that AEG had conducted no financial or legal review of Dr. Murray.
Trell said that, in his view, it is necessary to investigate people hired for financial positions, but those who were not hired by the company and only served for the tour were an exception.
Yesterday, Trell had said that Kenny Ortega, like Conrad Murray, had not signed a contract and had been hired based on the agreement they found in emails. However, today he said he was wrong and that Kenny Ortega had signed a contract. But his contract was not presented in court. Trell said the company’s lawyers reminded him of the existence of that contract. On July 1, 2009—five days after Michael’s death—Randy Phillips, the company’s CEO, had told Sky News in an interview that AEG had hired Murray. When Brian Panish, Catherine Jackson’s lawyer, asked him: “Is it true that Mr. Phillips said in many statements that Dr. Murray was hired by the company?” Trell answered yes.
According to Panish, after Phillips agreed that Murray was hired by the company, high-ranking people at the company became anxious. They had discussed it through exchanged emails.
Regarding Murray, Trell said he knew Murray had worked for Michael for three years. He said that the need for Michael’s signature to formalize Murray’s employment was the first time he had seen an artist’s signature required for an independent worker’s contract to become official. Regarding Murray’s $150,000 monthly salary, he said it was a very high cost. He then said the company conducted no investigation or research into Murray and only checked the number of his medical license. Trell said he had never spoken with Murray.
Contract With Michael
Shawn Trell, Randy Phillips, and Katie Jory were responsible for drafting Michael’s contract with the company. Dr. Teme, and two lawyers named Dennis Hack and Peter Lopez represented Michael. The contract was drafted multiple times. According to Trell, at that time a competing company (Live Nation) had also offered Michael work.
On January 28, 2009, Trell went to Michael’s home in Carolwood to get Michael’s signature on the contract and stayed there for about an hour. That was his only meeting with Michael. As soon as Trell arrived, Michael stood up from his seat and said: “Hello, welcome. I’m Michael.” Trell said this interaction was funny because Michael had a very distinctive face and didn’t need introduction. Trell said Michael shook his hand firmly and confidently, and his voice was not what people think. (Michael always spoke in a calm, low voice, but many of his close associates have said that in private circles he spoke in a very low voice.)
Trell: “He stood up, came close to me, introduced himself. Very friendly but polite. He had very good energy. Very positive energy filled the room. He truly seemed eager. He had the contract in front of him. He read all the pages. He was very excited.”
According to Trell, Michael showed a lot of interest in the project to produce 3D films—which were to be produced for presentation during the tour—and he brainstormed ideas for those films in his mind.
The contract stated that the time for each concert had to be between 80 minutes and 3.5 hours. It also put the tour production costs on Michael, and the right to film the tour was given to AEG. Trell said Michael was known for “attention to detail during show production.”
On January 24, the contract with Teme Teme, Michael’s manager, was signed. Trell says Michael was present and signed the paper. Four months later, in May, Michael wrote to the company that Teme Teme no longer worked for him. Therefore, he was not paid. Brian Panish, Catherine Jackson’s lawyer, said that the company paying Michael’s manager created a conflict of interest and was to Michael’s disadvantage.
On this day, Brian Panish presented many emails from Randy Phillips to the court, including an email about the chaotic management situation of Michael’s team.
On February 6, 2009, Randy Phillips wrote to his colleague:
“Remember, getting Michael to focus on this is not easy, and he still has no lawyer, no financial manager, and not even a manager. It’s a nightmare.”
Michael Jackson’s Health Status
Trell’s testimony about Michael’s health was also questioned and answered. He said many company employees were aware that Michael Jackson’s physical condition was deteriorating.
Panish displayed an email dated June 17 sent by Randy Phillips:
“Ortega, Gongwer, Delio, and his doctor who has an office in Vegas went to his house (Michael) to intervene, get him focused, and have him attend rehearsal sessions.”
That same day, Gongwer replied: “We need a therapist and a nutrition specialist.”
Two days later, on June 19, the tour production manager wrote to Gongwer and Phillips:
“I don’t want to cause controversy. Kenny Ortega asked me to tell you both that MJ was sent back home today without even stepping on stage. He was completely helpless, and Kenny was afraid that on stage he would make a fool of himself—or worse, get injured. The group continues rehearsing (in Michael’s absence), but doubts remain strong.”
One day after Phillips sent the warning email to the managers, John Branca, Michael Jackson’s lawyer who now oversees his foundation, sent an email to Phillips, Gongwer, and Frank Delio offering to hire a drug treatment specialist and a spiritual figure to help Michael.
“I know the right person who can help. He recently helped Mike Tyson regain his awareness. Has a drug problem arisen? If so, it’s better to discuss it by phone.”
That same day, Ortega sent another email to Phillips warning that Michael was not ready for the tour.
“Based on his ongoing physical weakness and the worsening of his mental distress, I don’t think he will be ready to perform the tour. We are seeing severe symptoms of paranoia, anxiety, and obsessive behavior. I think the best thing is to get an expert psychologist to treat him as soon as possible. It’s as if two people are living inside him. One of them (deep within him) is trying to cling to what was in the past and what could still be, and he doesn’t want us to stop him at this time. Meanwhile, another part of him is struggling with weakness and problems. Honestly, if I had allowed him to rehearse on stage last night, he would have hurt himself. I think we need the consultation of a specialist.”
In court, Trell said Phillips had never told him anything about these emails.
In his June 20 email to Gongwer, Phillips wrote: “My team and I are going to see him, but I don’t know whether the problem is exactly physiological or chemical?”
That same day, Gongwer replied to Phillips: “Take the doctor with you. Why wasn’t he there last night?”
Phillips replied: “He’s not a psychologist, and I don’t know what help he can provide in this area. Our issue isn’t taking a doctor there—it’s something much more serious.”
On June 20, five days before Michael’s death, a meeting was held at Michael’s home with Phillips, Murray, and others present. A few hours later, Phillips emailed Ortega to reassure him that there was nothing to worry about.
Phillips wrote:
“I spoke at length with Dr. Murray. The more I get to know him, the more my respect for him grows. He said Michael is not only physically ready, but mentally capable as well. He talked to me from home (Michael’s home), and he spent the morning beside him. This doctor is incredibly successful. We checked everything. He doesn’t need this tour (he doesn’t need the money). He is a very ethical and selfless person.”
He also issued a warning: “It would be better if neither I nor you nor anyone else pretends to have medical and psychological knowledge.”
Meanwhile, on the same day, Phillips emailed AEG’s parent company to say that Michael had missed a rehearsal session and was not ready to perform the tour. Phillips wrote to Louie’s team: “We’re dealing with a major problem.”
Panish: “But in reality, no one inside the company had investigated whether Dr. Murray was truly a successful doctor or on the verge of bankruptcy. Is that right?”
Trell: “Yes.”
According to Shawn Trell’s testimony, the company had not conducted any financial or legal review of Conrad Murray. Panish read Randy Phillips’s statements as outright lies and asked Trell whether the company’s method in business is based on lies. Trell replied that it would be better to ask Randy Phillips what he meant by those statements.
Trell: “I know his statements were not true. But you should ask Mr. Phillips what ideas he had at that time, or what he meant.”
Of course, Trell had heard that some rehearsal sessions had also gone very well. He said Phillips attended some rehearsal sessions (three sessions at the Forum and two sessions at Staples Center). He continued:
“The advertising department manager was present at the June 23 rehearsal session. He was praising Michael’s performance a lot.”
When Panish, the Jackson family’s lawyer, asked Trell to agree with the claim that company executives knew Michael Jackson had a major problem, Trell had no choice.
Negotiations With the Insurance Company
Trell said he continued his negotiations with the insurance company to cover a larger number of London concerts. The company had only agreed to insure the tour for $17.5 million.
These negotiations began in November 2008.
Panish showed an email sent by Bob Taylor, the Lloyds London insurance broker, to Shawn Trell on January 7, 2009. In that email, Taylor emphasized the need for tests for Michael Jackson:
“We are requesting blood and urine tests. Our doctor also wants to review his medical records from the past five years.”
On March 20, 15 days after the London tour was announced, the insurance broker wrote to Paul Gongwer, a senior executive at the company:
“The insurance company wants additional medical tests by the doctor of their choice. They may refuse to insure the tour for illness or death of the artist (Michael Jackson) until these tests are completed.”
On April 30, the former financial manager of the company, Wally, wrote to Shawn Trell:
“Until MJ is introduced to the insurance company’s chosen doctor for medical examinations, the insurance will not cover illness and death for the tour.”
In Trell’s email to Bob Taylor, sent on May 28, it said: “We need these examinations.”
On June 23, two days before Michael’s death, in another email, Taylor asked: “Any news about life insurance?”
In his Q&A with Panish, Trell explained that if the insurance company agreed to sign a life insurance contract, then in the event of Michael’s death, the company’s losses would be covered by insurance. The insurance company was not willing to do this because of incorrect news about Michael having skin cancer that had spread in local newspapers.
One day later, on June 24, Bob Taylor wrote back to Trell:
“The insurance company is not willing to accept this. There are many rumors about the artist’s health in the press. If they are going to cover the tour with insurance, they will need to conduct extensive medical examinations.”
On June 25, a few hours before the news of Michael’s death was announced, the company was still negotiating with the insurance company about life insurance and Michael’s illness.
On that day, Paul Gongwer wrote to Bob Taylor: “If we don’t get illness coverage, we will break the contract.”
That same day, Taylor replied:
“Medical examination is essential. The doctor has an appointment for the afternoon of July 6 on Harley Street in London, but please note that the examination may take more than two hours.”
In the meeting that day, the company’s lawyer, Jessica Benna, tried to clarify an issue about the tour cost list discussed in court the day before. On July 17, 2009, a few days after Michael’s death, the company sent the tour cost list to the Michael Jackson Foundation, which also included Conrad Murray’s $300,000 salary. In today’s session, Benna displayed a footnote on the document sent to the foundation. The footnote said that Mr. Jackson had not signed Murray’s contract, so he was not obligated to pay his salary. Benna emphasized that the company had not asked the Michael Jackson Foundation to pay Conrad Murray’s salary.
Shawn Trell, who had said yesterday that including Murray’s salary in this list was a mistake made by one of the company’s financial employees, took back his statement today and said the employee had not made a mistake and had only tried to prepare the report with the utmost care. Trell also said that the detailed tour expenses were prepared at the request of the Michael Jackson Foundation.
Source: eMJey.com / AP & ABC & CNN & LA Times