Ortega at A.J. Court Session 45: If I knew Michael was unwell, I wouldn’t have collaborated
Today, the continuation of Kenny Ortega’s testimony was followed up.
Ortega said his lawyer’s fees are paid by A.J. company, though he personally chose the lawyer. He said that after the end of yesterday’s session, his lawyer had driven him home.
Yesterday, Ortega had said that if Randy Phillips had informed him about Michael’s unwell condition on the day of the London conference, it would have affected his decision to collaborate on the tour. Today he clarified what he meant by that statement.
Panish: “If you had been informed, would your willingness to work on the tour have been less?”
Ortega: “Yes.”
Panish: “Would your willingness have been less because of MJ’s condition?”
Ortega: “Yes.”
Panish: “Because you care about MJ’s condition?”
Ortega: “Yes.”
Ortega said that sometimes he wanted to meet Michael alone so they could discuss their ideas and align them.
Ortega said he played a role in Travis Payne’s contract with A.J., and he was involved only in that one contract.
It had been more than 10 years since Michael and Kenny’s last collaboration, but nothing had changed between them.
Ortega compared Michael to the famous Russian ballet dancer Mikhail Baryshnikov and said: “I think they competed to see who could do more 360-degree turns.” Ortega said those turns are called pencil turns.
Panish presented an email listing the names of the people participating in the tour. Ortega said Karen Faye had contacted him—Karen had previously coordinated with Michael. John Huggdall (known as Bugsy) was not originally the stage manager. He worked as a junior accountant under Gongwer. Ortega said he doesn’t know Bugsy as a “stage manager,” but he was doing that job.
Panish then asked Ortega whether he had asked Bugsy to write an email on his behalf. Ortega didn’t remember.
Email from Gongwer to Ortega dated March 25, 2009: “Kenny, I’m sorry. Maybe we can’t cover your financial request. We need to move faster. I couldn’t find a solution for this. I’m really sorry.”
The judge asked what “financial request” meant. Ortega said it referred to the salary he had requested.
Ortega said this email had to be approved by Michael.
Panish: “Were you surprised?”
Ortega: “No. It wasn’t what I expected, but sometimes negotiations take time.”
Panish: “Was what they said a tactic?”
Ortega (smiling): “Maybe.”
Ortega said he thought negotiations were continuing, so he honestly kept working. Ortega and Travis Payne worked without their contract being finalized.
Panish asked whether A.J. was trying to rationalize the tour budget. Ortega said this approach is common among general producers. Ortega said he had not discussed tour costs with Michael.
Ortega conducted auditions with many singers and dancers and interviewed many people. At that time, his contract had not yet been signed.
He didn’t know what date his contract was signed. Panish showed him a copy of his contract signed on April 25, 2009. The contract listed Ortega’s salary as 1.5 million dollars.
Ortega said the tour was supposed to start in London on July 8, but then it was delayed by a few days. Ortega said both he and Michael wanted more time, and Ortega took action to do that.
“As a show director, I felt we wouldn’t be ready by the scheduled date. The show had expanded a lot, and I needed an extra week to prepare it.”
Ortega also said A.J. was exaggerating the shows. In an email dated May 19, 2009, about the company’s press release—where Randy Phillips was also quoted—Ortega wrote: “I’m not satisfied with this statement. I strongly feel that using phrases like ‘a show from another planet’ and ‘a stage never seen before’ is misleading for the public and the media. We’re not doing the opening of the China Olympics.”
Ortega first met Dr. Murray in April or May 2009 at Carol Wood’s home. Murray had attended rehearsals once or twice. Ortega said Murray was planning Michael’s attendance schedule for rehearsals and helping him attend rehearsals. Ortega said he had heard this from Gongwer or Phillips. Murray gave Ortega the rehearsal schedule. Ortega said this wasn’t unusual, but until then he had never had a doctor give him a schedule. Ortega said that after some time, Phillips also helped Murray with planning.
Panish: “Who was responsible for the show’s content?”
Ortega: “Michael Jackson.”
Panish: “Did you ever worry because MJ was absent from rehearsals?”
Ortega: “Yes.”
Email from Team Woolley to Bob Taylor dated June 23, 2009: “Kenny Ortega, in consultation with MJ, is responsible for the show’s content. Randy Phillips and Dr. Murray are responsible for rehearsals, and MJ’s company is involved in them.”
Panish: “Have you ever seen the CEO of a company being responsible for an artist’s attendance at his rehearsal sessions?”
Ortega: “No.”
Ortega: “I just wanted him to come to rehearsals. I wanted to plan based on his attendance. That became my main concern.”
On June 18, there were four phone calls between Ortega and Murray, one of which lasted 30 minutes. Ortega asked Murray about the reason for Michael’s absence from rehearsals. During part of June, Michael did not attend any of the rehearsals for a week or more. Ortega said that was the only reason he called Murray. Ortega says the schedule Murray had made for rehearsals wasn’t working, and on June 18 he felt pressured: “I was worried that everything we had worked on—our dream, MJ and me, the goal that he and I had—would be destroyed.” Ortega said he had never called his doctor to check on any artist before. Michael was a collaborator of Ortega in directing the show, and Ortega needed his presence. The tour was to open on July 13; they had to leave Los Angeles for London on July 3, so there were only 10 to 12 days of rehearsals left. Rehearsals in London would continue as well.
On June 19, Ortega also called Murray several times. Ortega remembered that day well because of the problem that had happened to Michael. This day has been discussed many times in court. Ortega first called Murray at 11:25 a.m. He hadn’t seen Michael for a week or more. On June 19, Michael was supposed to put on his costume. Michael finally showed up, but very late. He felt cold and was shivering.
Ortega: “On June 19, I was especially worried about the show’s progress.”
Panish: “Did you have serious doubts?”
Ortega: “Yes.”
Panish: “What about his weight loss?”
Ortega: “Yes, I was worried.”
Panish: “And about his ability to maintain balance?”
Ortega: “Michael wasn’t maintaining his balance well like before, and he was also complaining about back pain. He was moving through the shows slowly.”
Panish: “Did he seem confused?”
Ortega: “Yes.”
Panish: “Paranoid?”
Ortega: “Yes.”
Panish: “Was he speaking clearly?”
Ortega: “During part of the evening, no. But it got better.”
Ortega said he knew there was a plan to organize the rehearsal schedule. He felt the previous plan wouldn’t succeed.
Panish showed an email from Elif Sanki, an assistant producer, who had expressed concern about Michael on June 4. Ortega said these people are not responsible for the artist’s mental and physical condition, but if they see something suspicious, they should inform the director.
On June 13, Travis Payne wrote in an email that Michael is sick and, according to the doctor’s instructions, is resting. On June 14, Ortega wrote to Gongwer that the doctor had not given Michael permission to attend rehearsals. Ortega also mentioned nutrition and physiotherapy.
Ortega said his purpose in all this email exchange was to help Michael in any way possible so he could attend rehearsals.
Source: eMJey.com / AP & NY Times