AG Court Session 11: Travis Payne Says the Company Had Said It Would Cancel the Tour

Tuesday’s 11th session of the AG court continued with Travis Payne’s testimony. He had gold-colored stripes on the cuffs of his coat, and on those stripes it said: "MJ".

The company’s lawyer called Travis to the stand so he could say what he had to say—contradicting Karen Faye’s testimony. Karen Faye had described Michael in the final days of his life as sick, skeptical, and extremely thin.

Travis, however, said he had no doubt about Michael’s ability to carry out the This Is It tour. He based this on what he had seen in the two days before Michael’s death: "In my opinion, he was on the way to achieving the goals he had set for himself."

He continued that he and others were thrilled by watching Michael’s performances during the two nights before his death, June 23 and 24. But it wasn’t always like that. Michael had been skipping rehearsals, and during his Q&A with Catherine Jackson’s lawyer, Travis Payne said that only eleven days earlier the company had been considering canceling the tour if they couldn’t integrate and organize the work. Catherine’s lawyer says the company didn’t want to delay the tour’s opening, and for that reason it pressured Michael—who wasn’t in good physical condition—to attend rehearsals.

Brian Panish, Catherine Jackson’s attorney, reminded the court that Travis Payne had previously said to judicial authorities that the company was trying to protect its investment.

Payne said Michael didn’t show up for rehearsals most of the time, and when he did, he didn’t perform fully. Michael missed five rehearsal sessions with the group during the months of April, May, and June, and once he sent Ortega home because he wasn’t feeling well.

Brian Panish displayed an email Ortega had sent to Paul Gongaware, the AG executive. The email date was June 14. In it, it said:

"Are you aware that Dr. MJ did not allow him to attend rehearsals yesterday? Are Randy (Phillips) and Frank (Dileo) aware of this? Please ask them to take Michael’s health seriously. Without disturbing Michael’s privacy, it would be a good idea to speak with his doctor and make sure that whatever Michael needs is being met. Who is personally responsible for Michael’s daily nutrition, getting the vitamins his body needs, and for exercise and strengthening his muscles? Personally, I think we should hire a nutrition specialist and an expert therapist to work with him continuously. The pressure on this man (Michael) is extremely high, physically and mentally. Rehearsals exhaust our 20-year-old dancers—let alone Michael."

Michael, the best dancer in the world, had been having trouble learning part of the dance moves during the final weeks. Ortega wrote in the email that Michael was progressing slowly.

Ortega also asked that a teleprompter monitor be placed next to the stage to display the lyrics of Michael’s songs on it. Travis said this was originally Michael’s request. He could remember most of his songs, but for safety he had requested the teleprompter device. Michael had never used such a device in his tours before. He had an exemplary memory.

Another email, written by the music group director Michael Bearden to Ortega eleven days before Michael’s death, shows that he was also worried about the King of Pop’s condition. In this email, which was shown on the court monitor, it said:

"Michael is still not ready to read and dance at the same time."

Travis said Michael’s goal in the new tour was to perform the songs live. He wanted to sing while dancing.

Bearden suggested that for singing songs with faster rhythms, Michael should use lip-syncing techniques until he gained the necessary strength to sing them:

"He can perform the slower ballads live, and this will strengthen his confidence and power. When he regains his strength and confidence, I’m 100% sure he can perform more of the concert songs live. His voice sounds incredible right now. He needs to build it up. We now have to handle a lot of dance songs and work on their choreography."

Three days after this email, Ortega sent Michael home from rehearsal and did not allow him to rehearse because Michael was sick.

Travis said he didn’t know the reason for Michael’s absences, but he understood that Michael was busy working on a music album and a book.

"He was rehearsing; that’s how the process works. The rehearsal level is lower than what is presented to the audience. I didn’t expect him to perform the same way in an empty hall as he does in front of a crowd."

However, after seeing Michael on stage only two nights before his death, Travis concluded that everything was under control. Would Michael succeed in holding the tour? The answer was yes:

"He was on the way to reaching his goals. Everything I saw in him was progress and getting closer to those goals."

Payne also spoke about the quality of Michael’s performances during the sessions before that: "There were ups and downs. Some days were good, and some days weren’t as good."

Payne added that on days when Michael wasn’t doing well, he seemed confused and dazed, as if a drug had been affecting him. This usually happened when he returned from the dermatologist’s office, Dr. Arnold Klein. This occurred two to four times during the weeks leading up to Michael’s death.

Travis says it seemed to him that Michael went to Klein for skin and beauty services:

"I thought he was doing some beauty care as he was preparing to return to the stage and to face the public. He wanted to look better, feel better, and deliver a better performance."

Medical evidence shows that in the last two months of his life, Michael visited Klein 24 times. At Klein’s office, he received the painkiller Demerol.

Payne said Michael sometimes looked tired and drained. In explaining this to Payne, Michael told him he couldn’t sleep.

"Mr. Jackson said he had trouble sleeping. That answer was convincing to me."

When Payne told Michael he had lost weight, MJ responded that he was gaining to the right weight: "I’m getting to my ideal weight." Payne says Michael meant he was preparing for the tour.

"I had no reason to doubt what he said."

Travis once suggested that Michael get help from a therapist to work out his muscles, and then Kenny Ortega arranged for someone who worked with Olympic athletes to fly from Salt Lake City to Los Angeles. But at the last moment they realized Michael didn’t want to work with a therapist.

"He didn’t feel comfortable letting people into his privacy."

When Michael was cold, wrapped in a blanket, and in summer needed a heater, Travis attributed it to a cold.

In the past, Travis had been hired for projects by Michael’s company, MJJ Productions, but for the This Is It tour, AEG hired him. This was the first time Michael didn’t have full control over the matters.

He said his contract was delayed because the salary set wasn’t at his standard level. But when he contacted Michael and informed him, the issue was resolved soon. Michael reminded AEG that they should sign a contract with Travis Payne for whatever salary Travis had in mind. Payne also said he believes Conrad Murray’s salary was being paid by the company, not by Michael Jackson.

When Travis was on the stand, Brian Panish, Catherine’s attorney, showed several photos related to the opening of the This Is It documentary film in Los Angeles. In these photos, Kenny Ortega, Randy Phillips, and Frank Dileo are standing together and smiling. Dileo also has his famous cigar at the side of his mouth. Panish pointed out that in this photo everyone was happy.

Travis became a bit nervous when Panish asked him about the text message Karen Faye had sent him. Karen Faye accused Travis in that text message of lying to the media.

Payne said he didn’t remember such a message. He said that before Michael died, Karen Faye had spoken to him angrily about her concern for Michael, and Panish reminded her that it would be better to refer her concerns to Ortega.

The defense attorney said: "So you knew there was a problem, but you didn’t know what the problem was?"

Travis, who had been in good spirits and polite for most of his testimony, was affected by several hours of continuous Q&A with Catherine’s defense attorney, and his emotions took over. While his voice was shaking, he said: "I don’t benefit from this, so I’m neutral. I don’t want to be introduced as someone who hides the truth."

He then wiped his eyes with a tissue.

Travis, who was an assistant producer of the TII documentary, pointed out that in this film, Michael’s images were not retouched or altered. Karen Faye had said she was asked to help retouch Michael’s images in the documentary, but she refused to cooperate because she considered it part of the lies told to the media. Karen Faye, when testifying, said that Michael didn’t look well and everyone knew it, but after Michael’s death they lied to the media.

Catherine was present in court that day. When she entered the courtroom, she faced supportive chants from fans: "God bless you," and "How beautiful you’ve become, Catherine."

Source: eMJey.com / AP & CNN & LA Times