AEG法廷セッション15: マイケル・ジャクソンの健康に関する不穏なメール

火曜日、ショーン・トレルは証言台に戻り、AEGはマレー博士の財務的または法的調査を行っていないと述べた。

トレル氏は、財務上の職で雇用された人々を調査する必要があるとの見解を示したが、会社に雇用されず、ツアーにのみ従事した人々は例外であると述べた。

昨日トレル氏は、ケニー・オルテガ氏もコンラッド・マレー氏と同様に契約書に署名しておらず、電子メールで見つけた合意に基づいて雇用されたと述べた。しかし今日、彼は自分の考えは間違っており、ケニー・オルテガが契約にサインしたと述べた。しかし、彼の契約書は法廷に提出されなかった。トレル氏は、会社の弁護士がその契約の存在を思い出させたと述べた。マイケルの死から5日後の2009年7月1日、同社CEOのランディ・フィリップスはスカイニュースのインタビューで、AEGがマレーを雇用したと語った。キャサリン・ジャクソンさんの弁護士ブライアン・パニッシュが彼に尋ねたとき、「フィリップス氏が多くの陳述でマレー博士が会社に雇われていると言ったのは本当ですか?」トレルは「はい」と答えた。

パニッシュ氏によると、フィリップス氏がマレー氏の採用に同意した後、会社の上層部は不安になったという。彼らは電子メールの交換を通じてそれについて話し合いました。

マレーについてトレル氏は、マレーがマイケルの下で3年間働いていたことは知っていたと述べた。マレーの雇用を正式に認めるためにマイケルの署名が必要だったのは、独立労働者の正式な契約にアーティストの署名が必要であるのを初めて見たと彼は語った。マレーの月給15万ドルについては、非常に高額だと語った。さらに同氏は、同社はマレー氏について調査や研究を一切行わず、医師免許番号を確認しただけだと述べた。トレル氏はマレー氏と話したことはないと語った。

マイケルとの契約

ショーン・トレル、ランディ・フィリップス、ケイティ・ジョリーは、マイケルと同社との契約書の起草を担当しました。テメ博士とデニス・ハックとピーター・ロペスという二人の弁護士がマイケルの代理人を務めた。契約書は何度も作成されました。トレル氏によると、当時、競合会社（ライブ・ネイション）もマイケルに仕事をオファーしていたという。

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.”

マイケル・ジャクソン’s Health Status

Trell’s testimony about Michael’s health was also questioned and answered. He said many company employees were aware that マイケル・ジャクソン’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, マイケル・ジャクソン’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 マイケル・ジャクソン 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 マイケル・ジャクソン:

“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 (マイケル・ジャクソン) 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 マイケル・ジャクソン 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 マイケル・ジャクソン 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 マイケル・ジャクソン Foundation.

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