A.J. Court Session 29: Phillips Broke Down as He Recalled the Day Michael Died
Today’s short session was connected to Randy Phillips’s eighth appearance on the witness stand.
On this day, the jury watched a long clip of Michael’s 2009 rehearsal performance of Billie Jean. Some members couldn’t help but smile while watching the clip. Phillips also wiped away tears from his eyes. Phillips said that in this video—recorded weeks before Michael’s death—there was no sign of him being unwell. The company’s attorney displayed emails that Phillips had sent on June 19 titled "Problems at the Front Line" to members of Michael’s team. Phillips said his intention in sending the emails was to be as honest as he could.
Phillips: "I thought it was important for them to have this information. I wanted to be completely honest with his team. I wanted everyone to know what information I was receiving."
Phillips said he didn’t know what the problem was. Michael never told him he didn’t want to perform or wasn’t ready to do so. He also said he had never heard anyone talk about canceling the tour.
Phillips also explained that he had never said anything about drug use. It was Branca who had asked about it in the email.
Branca’s response, Michael’s lawyer, to Phillips’s email: "I know the right person who can help. He had recently helped Mike Tyson regain his awareness. Did a drug problem arise? If so, it’s better to discuss it by phone."
Phillips said he didn’t remember anything in any of the company’s contracts stating that the artist had to attend rehearsal meetings. The same was true for Michael.
Phillips: "Michael’s only responsibility was to be present on opening night and deliver an excellent performance."
Phillips said Enrique Iglesias had not attended any of his tour rehearsals.
Phillips: "I thought it was strange. But Enrique Iglesias attended the concert and performed brilliantly and received good reviews."
However, Phillips expected Michael to attend rehearsals because he hadn’t held a tour in twelve years.
Phillips: "As is typical with MJ, this tour was the biggest, best, and most massive show the world had ever seen."
Phillips testified that Michael had told Ortega that he didn’t need rehearsals because he had danced to his songs his entire life.
Phillips said that during a 25-minute phone call with Murray, he discussed the information he had received from Kenny Ortega and John Hagdall about Michael’s condition.
Phillips: "It was very confusing. I had received those emails from Kenny and Hagdall, but Dr. Murray was reassuring me that MJ was fine."
Phillips said that is why, in his email to Ortega, he wrote that every day he respected Murray more and more.
Email: "It is necessary that neither I, nor you, nor anyone else claims knowledge of medical and psychological matters. I had a detailed conversation with Dr. Murray, and the more I get to know him, the more my respect for him grows. He said not only is Michael physically ready for the tour, but mentally he is also capable. Dr. Murray spoke with me from Michael’s home; he spent the morning with MJ. This doctor is extremely successful (we check everyone). He doesn’t need (the money) for this tour, so he is completely polite and unbiased. It is vital that we surround Michael with love and our support, and listen to what he says and how he wants to prepare for July 13 (the tour opening). You can’t imagine the harm and consequences of stopping this tour at this time. I’m not only talking about the benefits for A.J.; I’m also considering MJ’s well-being, and the many crises, issues, and lawsuits that will be formed against him."
Phillips: "Dr. Murray spoke very calmly and confidently over the phone. He was very convincing."
Phillips said that Murray initially requested a salary of five million dollars. Phillips said he had been told that Murray needed that money to buy an office in three different states, which meant he was a successful doctor.
The company’s attorney asked about the part of the email Phillips had said: "We check everyone."
Putnam: "Did you check Dr. Murray’s financial records?"
Phillips: "No."
Phillips said he hadn’t even thought about checking Murray’s financial situation.
Phillips: "It never occurred to me that a doctor couldn’t perform his medical duties because of debts."
Phillips said that if he had known about Murray’s financial problem, he would have told Michael to pay him less because Murray needed the job.
Phillips: "As far as I know, the only person responsible for Michael Jackson’s health was Michael Jackson himself. He was a fifty-year-old man and a father of three children."
Phillips said he wasn’t sure that if they canceled the tour, Michael would be able to continue his career again.
A meeting was held on June 20 at Michael’s home with Michael present, along with Phillips, Murray, and Ortega. Murray had come at Delio’s request. At first, Ortega spoke and explained his concerns about Michael’s condition. Murray interrupted him and told him not to make medical claims and to leave Michael’s health situation in his hands. Phillips says Ortega was surprised by Murray’s behavior. Phillips said Michael looked great and had no problems.
That day, Michael told Ortega: "I’ve always done these dances; I have muscle memory. I don’t need to rehearse all the time. You build the house, and when your work is done, I’ll come and put it on and paint it."
Phillips said Michael and Kenny got along well; they were good friends. Michael had said he wouldn’t perform without Ortega in the role of workers. Phillips also said Michael’s relationship with Murray was also very good.
In the end, Michael agreed to attend rehearsals. The next rehearsal was scheduled for June 23 and 24.
Phillips: "Michael realized he needed Kenny because the production process was complex."
Phillips witnessed Michael’s rehearsals during the final two days. In describing the experience, he said:
"How do you describe the best stage director in the world? My hair stood on end. It was amazing."
In addition to Phillips, two other company executives also witnessed Michael’s rehearsals. Phillips said:
"We were all like three kids—our hair stood on end. It was incredible. His work was phenomenal."
Phillips said that at that time, he no longer worried about the emails he had received and exchanged titled "Problems at the Front Line."
The final rehearsal took place on June 24, the night before Michael died. On that day, Phillips spoke with Michael and asked how he was doing.
Hagdall, the tour manager, had emailed Phillips a few days earlier saying Michael couldn’t do his 360-degree spin dance. The company’s attorney asked Phillips in court whether Michael had regained his ability in the final days.
Phillips: "He could spin several times in a row."
Phillips says that on June 24, after rehearsals ended, Michael, Kenny, and Travis (the choreographer) hugged each other and went to the dressing room to get ready to go home. Phillips and Frank Delio waited outside the room for Michael. Phillips said Ortega was satisfied and happy with the rehearsals.
The last conversation between Phillips and Michael happened that same night, when Michael’s words made Phillips proud.
Phillips: "Michael told me, 'You brought me this far. From here on, I can go on my own.' I felt like I was worth a million dollars."
Today, as Phillips recalled the day Michael died, he became emotional and started crying.
"I was standing in the hospital hallway next to Frank Delio when the head nurse came and said, 'I’m sorry, Mr. Jackson has passed away.' Frank fainted. I caught him so he wouldn’t fall. We were devastated. I was completely shocked."
Phillips said he didn’t see Michael in the hospital; he only saw the bed where he was lying in the emergency room behind the curtains.
Phillips: "I think after MJ died, Dr. Tamy was standing next to me."
Phillips said he had spoken with Dr. Murray in the hospital. Murray couldn’t control himself due to his distress; he was crying. Phillips tried to calm him, but no conversation took place.
Today, Phillips said his company didn’t care about the rumors in the media about artists’ addiction.
Phillips: "We don’t judge. That’s not our job."
This witness also testified about Arnold Klein, Michael’s dermatologist, saying he knew him and that he was a famous doctor. Phillips had visited him years ago for treatment.
Phillips said that the day Michael returned from Dr. Klein’s office and seemed confused, he was worried when he saw Michael that way. But after that, he never saw him like that again. He said Michael had cosmetic treatments and had vitiligo (a skin condition). Phillips said it was normal for MJ to visit a skin specialist before the tour.
Phillips had asked Murray whether he knew Michael was going to Dr. Klein, and Murray answered yes.
Phillips wrote in an email that Dr. Klein injected medications into Michael. Phillips explained in court that Michael’s manager had asked him to give him one million dollars as an advance payment to pay Michael’s bills. One of those bills to Klein was for $48,000. The Klein bill listed Botox injections and many other things marked with IM. Phillips said he didn’t know what IM meant, but Michael’s manager said it meant intramuscular injections.
Phillips said that at the time he wasn’t familiar with propofol. Murray’s injection of this drug caused Michael’s death. Phillips said he had heard from the media that this drug was the cause of Michael’s death.
When the company’s attorney asked whether the company had profited after Michael’s death, Phillips denied it.
Marvin Putnam ended his questions, and Brian Penish, Katherine Jackson’s lawyer, took over.
Before Penish questioned Phillips, he asked whether Phillips had ever used insulting language when addressing Mrs. Jackson (Katherine). Phillips denied it.
Phillips again referred to Phillips and Tamy’s meeting at the Polo Lounge. After Michael’s death, Tamy sued his foundation for not paying his debts. The Michael Jackson Foundation also took action and sued Tamy in court for fraud and for deceiving Michael. Phillips said his meeting with Tamy was to discuss the hearing session about Tamy’s lawsuit against the Michael Jackson Foundation. Phillips was testifying at that hearing.
Phillips was unhappy about why Penish’s photographers were following him in the Polo Lounge. Phillips said Penish himself had said his photographers were following him. Penish rejected Phillips’s claim and said he had never said that.
Penish: "Did you accuse me of following you?"
Phillips: "Yes, I guess, yes, yes."
Penish: "You say anything, don’t you?"
Phillips: "That’s insulting."
Penish: "Do you think I’m still following you?"
Phillips: "I don’t know, I don’t know what you can do."
The remaining questions were left for the next session.
Source: eMJey.com / AP & ABC7