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جلسه ۸۳ دادگاه اای‌جی: Allan Metzger Testimony

Jacksons vs AEG - Day ۸۳ - September ۲۰ ۲۰۱۳ - Summary Dr. Allan Metzger testimony AEG cross Kathryn Cahan, attorney from AEG, did cross examination. Cahan asked if the doctor met with Jacksons attorneys and other things he did last night to prepare for his testimony. Tried to sleep and chilled out, Dr. Metzger responded. Dr. Metzger said he will bill the plaintiffs $۱,۰۰۰/hour for testifying today. He'll bill ۶ or ۷ hours for the time on the stand yesterday. Cahan asked if Dr Metzger were to do this for ۸ hours/day he'd make $۲۴۰ thousand a month. "I'd never do this ۸ hours a day," he answered. The doctor said he retired earlier this year from seeing patients. Metzger: I told MJ I wanted to have as much information as I could about his health wherever he was. Sometimes I got it, sometimes I didn't Cahan: Did you ever discuss with MJ your concerns about doctor shopping? Dr. Metzger: Yes Dr. Metzger said he explains to all of his patients he wants to know all the doctors they are seeing due to potential harm of medications. Cahan: Michael didn't take your warnings seriously, did he? Dr. Metzger: At times he did. Cahan: Regarding the risks of taking medication this way, was it your impression he didn't take you seriously? Dr. Metzger: I believe he took it seriously, but I believe he forgot it at times since he was too busy. Cahan played video deposition of Dr. Metzger where he said he was frustrated that other doctors were giving MJ medication he didn't know. I don't think he took it very seriously because he trusted doctors to take care of him, Dr. Metzger said in the depo. I think he really didn't take it seriously he could have a reaction from taking different medications, Dr. Metzger testified. Cahan: You said MJ took great joy in making it a secret to everybody and that it was part of his mystique, correct? Metzger: It was part of his privacy, his mystique perhaps. There were concerns of MJ seeing several doctors. I'd not call it doctor shopping Cahan played Metzger's video deposition where he said he heard concerns from Debbie, Karen, Hoefflin, Klein that Michael was doctor shopping. He took pain medication the average person wouldn't, Dr. Metzger testifies in his deposition. Metzger said privacy and secrecy played a role in MJ's medical care. He didn't recall seeing pill bottles with doctor's name he didn't know At times, MJ was secretive about the doctors he was seeing, the medications he was taking and the procedures he was having, Dr. Metzger said. Dr. Metzger said he had no restrictions of where to go in MJ's Carolwood home during the April ۱۸, ۲۰۰۹ visit. Cahan played video of deposition where the doctor said he never went upstairs at Michael's house. But he said in court he went to the second floor's landing to get a cat and saw into all the rooms. Cahan asked which one was the truth, whether he went upstairs or not. Dr. Metzger said he did not go upstairs with Michael. Dr. Metzger: I went up to the landing where you could see the room where the kids said Michael was and the doors were wide open. Dr. Metzger claimed he didn't see any medical equipment in MJ's house. "He was certainly anxious and desperate over sleep," he said. Cahan: How MJ looked on April ۱۸, ۲۰۰۹? Metzger: He looked fit, he was bouncing, the same Michael I knew, lucid There was no suggestion of medication I could detect, Dr. Metzger recalled. He said Michael was always trim and muscular. "He was ready to go, except worried about sleep," Dr. Metzger testified. I think he was handling stress better than I thought he would he said. "I've seeing him before other tours, he seemed more anxious" He seemed in charge and ready to go, the doctor said. "He was excited, anxious." Jackson redirect In re-direct, Dr. Metzger said that on April ۱۸, ۲۰۰۹ he was not aware of MJ having any intravenous medication.. Chang asked if on April ۱۸, ۲۰۰۹ MJ looked skeletal like the picture from June ۱۹, ۲۰۰۹. "Absolutely did not look like that," he responded. Regarding Chang's recommending Eric George to be his attorney, Dr. Metzger said Chang was enthusiastic about him. In fact, he said, Chang didn't even recommend that the doctor talked to anyone else. Dr. Metzger and Chang met with George for about ۱ hour. Chang: Is it terrifying to testify in front of the entire world? Metzger: Yes. I wanted to make sure I knew how to answer properly about MJ. Chang said she wanted to clear up that her firm is not paying Dr. Metzger's attorney Eric George. Dr. Metzger: I have not received any bills from Eric George yet. She asked if he had any reason to believe that was not true. He said no. Dr. Metzger said $۱,۰۰۰/hour is the standard rate he charges any attorney when he does depositions or testifies in court. Dr. Metzger charged AEG $۹,۰۰۰ for ۹ hours of deposition in this case. He said he charged the same hourly rate for the Lloyds of London depo. Chang: In the ۴۶ years you've practice medicine, it the rate pretty standard for doctors? Dr. Metzger: It's standard in my office. Dr. Metzger said the fee he charges does not influence his testimony in any way. He said Paul Gongaware was the producer at MJ's tour in Sydney, Australia. Chang: Did you believe it was any secret in Australia that Michael could not sleep after the performances? Dr. Metzger: No, I think everyone understood that. He was a perfectionist, Michael could not sleep after the shows. Whatever he did it, no matter how magical it was, he wanted to make it more magical, Dr. Metzger opined. Chang: Was it for the fans? Dr. Metzger: Yes and for himself, he was a perfectionist. Chang: When someone cannot sleep, does it make someone more anxious? Dr. Metzger: Yes, and it lowers the pain threshold. Chang: During the Dangerous tour in ۱۹۹۳ did you come to learn that too many prescription drugs were given to MJ? Dr. Metzger: Absolutely! Regarding prescribing medication under Karen Faye's name, Dr. Metzger said it was Latisse for eyelashes, Rogaine and cold medicine. As to doctor shopping, Metzger said his concern about it was in the early ۹۰′s. He said he never prescribed Demerol under Faye's name for MJ. I'm not aware of any doctor shopping and use of drug that was not appropriate from ۱۹۹۵ and later, Dr. Metzger testified. Chang asked if Dr. Metzger had any proof MJ was taking meds from different doctors. "The only proof I had was word of mouth," he answered. Michael never told me about many doctors and many medications, Dr. Metzger testified. Chang: And you didn't have any real evidence? Dr. Metzger: I did hear bits and pieces of medication being prescribed by other doctors in LA. Chang: You agree that you were MJ's long time doctor and friend for ۲۶ years? Dr. Metzger: Yes Chang: You met Paul Gongaware in the HIStory tour? Metzger: Yes. I was concerned about sleep issue and him being groggy, Dr. Metzger said. As to using intravenous medication to sleep, Dr. Metzger repeated he told MJ it was dangerous and he should not do it. Chang: Paul Gongaware never offered to pay you $۱۵۰ thousand/month? Dr. Metzger: Correct AEG recross Cahan, in re-cross: If Paul Gongaware offered you $۱۵۰ thousand/month it would be less than what you'd get for being a witness at $۱,۰۰۰/hr? Dr. Metzger: Yes, the math is correct, but I also said I'd not do this full time. Dr. Metzger recalled overuse of Demerol and some sleep drug issues as being a problem during the Dangerous tour. In ۱۹۹۳, when MJ went to rehab, Dr. Metzger said he learned about it either though Debbie Rowe or Karen Faye or maybe the press. Cahan played video deposition of Dr. Metzger where he said he treated MJ after he went to rehab and never discussed it with Michael. Cahan: Did you discuss MJ's addiction to painkiller even after learning from the press he entered rehab and continued as his physician? Dr. Metzger: I discussed that in the late ۹۰′s a few times. Cahan: Did he say he had an addiction to painkillers? Dr. Metzger: Yes, he said that in the Dangerous tour he was addicted. I believe I prescribed mild opioids, vicodin, for significant pain, Dr. Metzger said. This was after MJ had left rehab. As to Latisse, the doctor said the prescription was for both MJ and Faye. He believes this was during the Dangerous tour. Metzger said he was more involved in the ۹۰′s than ۲۰۰۰′s. From ۰۳-۰۹, he was involved only by phone, asked about kids, minor medical issues Dr. Metzger is excused. Attorney Eric George Testimony Jackson direct George is an attorney for ۲۰ years. He practices civil litigation matters involving businesses. Panish: Have you ever socialize with me, had dinners with me? George: Not once. I'm very careful the company I keep. Everyone laughed. He represents Debbie Rowe for the past ۸ years. Panish asked how George became Dr. Metzger's attorney. He said he received a phone call asking if he would be willing to represent him. Panish inquired if he was being paid by Panish's firm to represent Dr. Metzger. George said no, nor would he accept it. George: It would be inappropriate. I'm here to represent the witness, to tell the truth and let the chips fall wherever they may. AEG cross Putnam, in cross: When did you decide you were going to testify? George: It was discussed yesterday after an incorrect answer was given. George said it was suggested that he was being paid about one side. "It concerned my reputation and I wanted to clear that up." It was something I'd never agree to, he testified." I was glad to do it and get the record straight. P: Did you charge him? G: Yes. Putnam: Do you work for Dr. Metzger for free? George: No. P: Are you being paid less than the regular rate? G: Much less. Putnam: Your regular rate? George: No George never met Dr. Metzger before his case, but said he heard about him from Debbie Rowe. Putnam asked if he thought it was a conflict of interest to represent Rowe and Dr. Metzger. George said there's no conflict of interest. I'm proud of saying that I've never been accused of conflict of interest or unethical conduct and I want to keep it that way, George said. Putnam asked why George agreed to represent Dr. Metzger. One of the most important issues of this time is corporate accountability and responsibility, George said. Putnam: You made a determination about the outcome of this case? George: I do have strong feelings about this case, yes. George was then excused. --------------------------------------------------------------------------------- Plaintiffs told the court they are resting, pending some issues that are not resolved yet. Both sides stipulated that the total attendance in the U۲ concert at the Rowe Bowl on Oct ۲۵, ۲۰۰۹ was approximately ۹۷,۰۰۰. After jurors left, Kevin Boyle tells judge in order to not lengthen the trial even further they'll not show Sony's raw footage of This Is It Attorneys argued plaintiffs' motion for direct verdict on issue of Katherine Jackson being dependent on MJ. Judge: My tentative would be to grant it. Boyle said he agreed with judge's position. Plaintiffs want the judge to rule that Katherine Jackson was dependent on MJ for necessities of live. If Mrs. Jackson is considered not to be dependent of MJ, she has no standing in bringing in this lawsuit. Mrs. Jackson didn't need her son's money for necessities of life Bina argued. "For ۳ years she was getting $۱۲۰K/year from daughter Janet" Standing is not established if the money from the child only enables the parent to have niceties they might otherwise afford Bina opined. It's a jury question as to whether the chid's money is needed, Bina said. Bina argued it's not contribution to some extent, it's whether the parent needed the money for the necessities of life. Boyle said the support that MJ was given to Mrs. Jackson was not really disputed. Ackerman testified that Mr. Jackson was paying for many expenses at Hayvenhurst, such as utilities, transportation, food, mortgage. Judge asked if there was record of how money Janet gave Mrs. Jackson was spent. Her money could be for the niceties. Bina said the law is to protect a parent who depends upon a child for necessities of life. Bina: Jury could find Mrs Jackson was not dependent upon MJ for the necessities of life but accepted generous gift to have nicer things. Judge: The fact that he contributes it some way, it doesn't have to be how much. Boyle argues that the word "need " is not in any of the case laws. It's whether they were dependent, to some extent, for necessities of life Judge: The fact in this case is Mrs. Jackson is an ۸۳ year old woman, she doesn't work, she's dependent on her children to take care of her. Boyle said defendant's expert admitted MJ paid Mrs. Jackson's necessities of life. Bina: A reasonable person could determine that earning $۱۲۰ thousand a year is enough for food, clothing and shelter. If there was no Michael Jackson at all, Mrs. Jackson would still have $۱۲۰ thousand a year, Bina said. Notwithstanding how generous MJ was to his mother, the fact is she did not need him to live, Bina argued. Judge to rule within the hour if Katherine Jackson has standing or not. If judge denies motion, jury will have to determine if KJ has standing before they can award her any money -- what defense wants. If judge grants it, jury won't have to make that decision -- what plaintiffs want. Big victory in court today for Katherine Jackson. The judge just ruled the matriarch is entitled to seek compensation for the death of MJ.

جلسه ۸۲ دادگاه اای‌جی: Allan Metzger Testimony۱۳۹۲

Jacksons vs AEG - Day ۸۲ - September ۱۹ ۲۰۱۳ - Summary Judge Yvette Palazuelos told the jury she's allowing Jacksons attorneys to reopen their case briefly. Allan Metzger Testimony Jackson direct Attorney Deborah Chang did direct examination. He said he was traveling, returned ۲-۳ weeks ago. He gave his deposition in September of ۲۰۱۲, about ۳ years after Michael Jackson died. He worked with MJ for ۲۵-۳۰ years. The doctor explained he didn't have all the medical records when he gave deposition, they were spread around to coroners, attorneys. When Chang asked if Dr. Metzger reviewed trial transcript of Debbie Rowe, AEG attorneys objected and asked for a sidebar. ( Side note: Dr. Metzger and Debbie Rowe have the same attorney, Eric George, the son of former California Chief of Justice Ronald George.) Dr. Metzger treated other celebrities during his ۴۶-year medical career. He said it's not unusual for them to use aliases. The doctor said he became very close to Michael Jackson. He started seeing him in ۱۹۸۳ for discoid lupus. After, there was the burn incident. "His pain became unbearable," he explained. Dr. Metzger's daughter was the first one to visit Neverland. She went as part of a charity organization visit, DreamStreet Foundation. The doctor said Neverland was a place of peace. He visited it ۱۲-۱۵ times, sometimes with friends, family, help feed the kids. MJ supervised. Dr. Metzger: MJ dealt with a lot of adversity with generally a positive attitude. I don't know anyone can share his degree of charity, the doctor said. Dr. Metzger said sometimes MJ would ask about a disease he wanted to know about, but generally didn't discuss with him the charities. Normally, Michael was very protective of his short films. But he trusted some people, and Dr. Metzger was one of them. Over the next several years, he had a terrible burn, issues with his back and neck, he said. The discoid lupus was very scary to him, Dr. Metzger said, and the burns came on top of the discoid. The discoid could travel from his scalp to his face, leading to disfigurement. Dr. Metzger said Lionel Richie approached MJ and ion one day he wrote "We Are The World" song. Richie did the music. He and Lionel were able to put so many influential people for charity, Dr. Metzger said. Chang played part of "We Are The World" video clip, with major music stars singing it. The song raised money for humanitarian efforts. Dr. Metzger worked together with Dr. Klein, Sasaki and Hoefflin. MJ's diseases were incurable (lupus and vitiligo). He said he did pre-operative examination before MJ's surgeries. I always liked to review what kind of medications he was taking to make sure there was no interaction, Dr. Metzger testified. Chang: Would you say the first ۱۰ years you saw him were very difficult? Dr. Metzger: Yes, very difficult Chang asked about Metzger's reference that MJ was "doctor shopping." He explained it was a slang doctors used by the doctors who treated MJ. Dr. Metzger: When he was out of our presence, because he travelled so much, he would use hotel doctor. Dr. Metzger: MJ had to shop around in the city for quality physicians for himself and his children. Dr. Metzger said he was always involved in MJ's medical care because he wanted to make sure MJ was safe. Michael was very private, Dr. Metzger opined. He said often he wanted to know about his medical care, but often didn't. He'd rely on others and had faith in the medical profession, Dr. Metzger said. "He often bounced things off me." Chang: Was your belief he looked for doctors to get drugs? Dr. Metzger: No Chang: Do you believe he was your friend so he could get prescription drugs from you? Dr. Metzger: Absolutely not! I never gave him Demerol or any hard narcotics. Dr. Metzger: I worked with Karen Faye, Debbie Rowe, Grace Rwamba. Dr. Metzger: I was in touch, not as spies, but wanted to have fingers on the pulse of what was going on with my buddy. On numerous occasions, Debbie Rowe would talk to Dr. Metzger when she thought other doctors were giving MJ too many painkillers. He said he thinks it's because Rowe thought he could do something about it. Dr. Metzger: No. I saw him groggy but never drunk. Chang: Did you personally ever see MJ under the influence? I did not ever ever see him intoxicated with too many pain medications, he said. Dr. Metzger: I wasn't concerned about anesthesia, I was always concerned about too many surgeries. Dr. Metzger said he would agree that MJ needed the majority of the surgeries he underwent, specially after the burn. Dr. Metzger said he did several examinations of Michael for insurance prior to tours. Metzger: I was informed he'd (Forecast) be taking over the medical role, and I would not be needed because of the distance. Dangerous tour: Dr. Metzger got a call during the tour. There were couple of issues related to dehydration and Dr. Forecast administering Demerol. Sleep issues: That was the first time I was aware of the issue, didn't have problems in Bad tour, the doctor said. Dr. Metzger: I think we had ۲-۳ discussions on how to lower the dose of Demerol. Chang: Did you try to work with Forecast to resolve the issue? Dr. Metzger: I don't know if he didn't follow my recommendations or it didn't work. Dr. Metzger said he watched MJ's short video "Ghost." Chang showed photo of Dr. Metzger and Michael Jackson as the white mayor. Chang: Did he enjoy going out incognito? Dr. Metzger: Oh, he loved it!. The doctor said MJ always had a message in his short film, that humans should be human beings to each other. Chang played clip of "Heal the World" film and "Earth Song." Dr. Metzger watched them with somber face, shook his head to the beat at times. It's hard to see that, Dr. Metzger expressed after movies were played, somewhat emotional. Metzger said MJ approached him to go on "HIStory" tour. He thought it would be fun, wanted doc to be best man on his wedding to Debbie Rowe. Chang showed letter from Metzger to insurance company that he'd be accompanying MJ, cast members and crew (۱۸۰-۱۹۰ people) in HIStory tour Dr. Metzger: I basically asked for nothing (payment). I knew this would be an honor, would bill based on being needed. He said he would've charged his normal house call rate, if they needed him during the tour. In the tour, his main responsibility was with Michael Jackson. He said he was never approached by a promoter/producer with a contract. Dr. Metzger said he never had the issue where he had to put MJ in danger to continue the tour. I never put in jeopardy his health for performance, he said. Chang showed Murray's contract to Metzger and asked if he was ever given a contract that says doctor could be terminated by the producer. I've never seen a document like this, Dr. Metzger said. He said he would've never signed a document that had that clause in it, it's a conflict of interest. Chang: Were would your allegiance fall, with the producer or patient? Dr. Metzger: Of course the patient, regardless if it was MJ or not Dr. Metzger said he knew MJ was going to get married to Debbie Rowe during the HIStory tour. During the tour he found out Rowe was pregnant. Chang: Did he enjoy being a father? Dr. Metzger: Very much so. The doctor said MJ always wanted to be a father. Dr. Metzger: The relationship was extremely loving, non fearful. Dr. Metzger: I see he did a wise thing over the years of not exposing their faces, so they could go out and not be recognized. It was a beautiful, caring, solid relationship, Dr. Metzger explained. The doctor said he saw several MJ shows, but nothing like what he saw in Sydney, Australia. Chang played snippet of the show. Dr. Metzger saw all the shows in Australia. He said MJ would lose ۷-۸ pounds after each performance. In his deposition, Dr. Metzger said he didn't remember who Paul Gongaware was. He said he didn't have all his records with him. Chang: As the HIStory tour doctor, were you concerned with MJ's sleeping disorder during the second leg of the tour? Dr. Metzger: Yes, I was The doctor wrote a letter detailing a plan to help MJ sleep. He said he sent a copy of it to the producer, MJ, Karen Faye, Debbie Rowe. I know that Michael can't sleep when he's creating, or after he was creating, he always wanted to make it better, Dr. Metzger recalled. The doctor said he didn't think there was a plan for Dangerous tour. He didn't think a good job was done then. Dangerous was cut short so MJ could enter rehab. Dr. Metzger said Dr. Forecast gave MJ too much Demerol. I wanted to be proactive and ready, the doctor said about HIStory tour. He testified he sent a copy of the plan to Gongaware, as producer. MJ was really tired and very frustrated, he felt he wasn't performing well, Dr. Metzger said about his sleepiness. Chang: In the ۲۶ years you worked with MJ did he ever ask you for Propofol before the HIStory tour? Metzger: Those words were never said by MJ Chang: Did MJ ever ask you to find someone to infuse anesthesia in him? Dr. Metzger: No When not under stress, the doctor said MJ could sleep on Tylenol PM, which generally worked. Dr. Metzger: I had one phone conversation in ۲۰۰۹ and I visited him in April ۲۰۰۹. Chang: At that time, did MJ ask you for any narcotic or prescription drugs? Dr. Metzger: No Chang: Did he ever seek painkillers to get high? Dr. Metzger: No, I don't believe this was in any way recreational Dr. Metzger said MJ was more stressed when he saw him in April ۲۰۰۹ than during the phone call in Feb. ۲۰۰۹. The doctor said the stress was related to "Can I do ۵۰ shows?" MJ indicated he could not sleep, the doc said. "This time he was in a totally different place," Dr. Metzger said. The doctor said he had free access to the house and the children. "I was ecstatic to see the children," the doctor said. He was allowed upstairs at Carolwood, did not see any locked doors, medical equipment or oxygen tanks. I had a feeling that any IV given in a home is potentially precarious, Dr. Metzger explained. After leaving the house, Dr. Metzger said he called a few colleagues to see if there was any other medication or avenues to help MJ sleep. He spoke with the head of anesthesia at Cedars Sinai, since anesthesiologists have to manage pain and sleep. I needed advice getting him to sleep and I also asked about a doctor in London, Dr. Metzger explained. I don't remember if I called back or just relay the message I couldn't help, the doctor said. Dr. Metzger: Basically he said any IV treatment is potentially dangerous, that he didn't know anyone who would administer IV anesthesia. April ۱۸, ۲۰۰۹ was the last time Dr. Metzger saw MJ alive. Dr Metzger: One of the things he discussed was Diprivan. Chang showed Dr. Metzger the picture of MJ during fitting on June ۱۹, ۲۰۰۹. Chang: Did he look like this? Dr. Metzger: Oh no, not at all C: Would you've been concerned? Dr. M: Oh yes, oh yes (During lunch break: Outside the presence of the jury, Deborah Chang argued she doesn't think it's appropriate for the court to sanction. Chang gave ۳۸ pages of Debbie Rowe's testimony to Dr. Metzger to read. Judge had ruled that non-retained expert witnesses should not be given copies of other witnesses' testimony. Chang: I don't think it was intentional violation of court's order. I believe we acted in good faith. Judge: The good faith exception, huh? Judge then precluded plaintiffs from asking anything related to the issue German doctors and Propofol used to sleep. Bina: He already testified without the taint of someone else's testimony. Even if she acted in good faith, it irreparably tainted his memory. Bina said she's asking for fair remedy here, which is keep this part out of Dr. Metzger's out. Bina said Chang corrupted the witness by giving another witness' version of the events so he was able to taylor his answer according to hers Cahan said the ۳۸ pages of Rowe's testimony detailed the set up the anesthesiologist in German, logistic, what drugs have been provided. There's no other way to fix this other than keep it out, Cahan urged the judge. Panish: What we did, show him the testimony, is appropriate. Non-retained experts can be refreshed. This is about refreshing his recollection with someone else's memory, Bina argued. Panish: Defense will argue MJ had long history of use of Propofol. The evidence here is that Propofol was used in connection with surgeries. Bina: We can never get back what Dr. Metzger's memory actually was. Judge: Ok, I'm ready to rule. I'm excluding it. ) Chang: Do you recall having a conversation with Paul Gongaware about MJ's inability to sleep? Dr. Metzger: Yes, I do. AEG cross Cahan inquired about the time of deposition whether Dr. Metzger had MJ's medical files. Dr. Metzger: Some of my records were given to my attorney at the time, didn't keep medical records. There may be an insurance file and one major file, the doctor said. His counsel did not give his medical record prior to his deposition. Dr. Metzger said that at the time of his deposition, he received a great amount of the file back, but it was out of order and missing pages. I told the truth to the best of my ability, Dr. Metzger said about his deposition and his trial testimony. The doctor said he looked at some of MJ's medical records over the past several days. "I did not look at ۲۶ years of medical records." Dr. Metzger said he had, in bits and pieces, taken care of other Jackson's family members, including MJ's children. The doctor was very close to MJ and moderately close to the children. Q: And it seems like you also had a very close relationship with Michael's children, correct? A: Yes In depo Dr. Metzger's said: Dr. Metzger said he had a moderately close relationship with the children in comparison with his relationship to MJ. He said there were times the children went to his house for dinner, went to the movies. Dr. Metzger met Katherine Jackson many years ago, he said. He provided some medical care to her last summer. He gave Mrs. Jackson advice about traveling because of her health. Dr. Metzger: I advised her to fly to Arizona for a concert. I do not know where she was in Arizona, I did not advise her to go to a spa. Janet and Randy asked me to evaluate her health, Dr. Metzger said. "I've previously taken care of Janet many years ago." I'm well acquainted with the immediate Jackson family and some other members, the doctor said. I viewed Michael as a very good friend of mine and I think it was vice-versa, Dr. Metzger testified. Dr. Metzger said he spoke with Chang on the phone about ۲ weeks ago and met her in person with his attorney ۲-۳ nights ago for an hour. Doctor said he was out of town from middle of July until mid-Aug. Early July he advised plaintiffs' counsel about his absence. Dr. Metzger first spoke with plaintiffs' attorneys about testifying back in April or May. He has been subpoenaed. Dr. Metzger said Chang told him she had an attorney to refer that she thought would suit his needs. She recommended Eric George. Cahan: Did plaintiffs' counsel help you find an attorney? Dr. Metzger: Yes C: How much does he charge? Dr. M: I don't know Cahan: Are plaintiffs' paying for your attorney in this case? Dr. Metzger: I believe so. The doctor said he reached out to Debbie Rowe after seeing in the media that she testified in this case. He wanted to give her some support. At that time, Rowe also said Eric George was a good attorney. Cahan asked if the doc is charging plaintiffs anything to be here today. Dr. Metzger: I'll be sending a bill at the end of the trial. Dr. Metzger: I believe it's reasonable for my time reviewing the records, giving deposition and testimony in this case. The doctor said he's spent about ۶ hours of his time. Cahan asked how much he charges and he said he was not comfortable disclosing his rate. Cahan asked the judge to order him to answer, which judge did. He said he charges approximately $۱,۰۰۰/hour. There were no negotiations, I basically said this is my fee and they said ok, Dr. Metzger explained. As to his attorney, Metzger said he knows there's an arrangement for payment by the plaintiffs and there's also an arrangement between the two Cahan: Have you spoken with Jackson's family members about this lawsuit? Dr. Metzger: Basically no My recollection I did not speak with any single member of the family about this lawsuit, Dr. Metzger testified. The doctor said his relationship with Michael Jackson was the closest he has ever had with any patient. He went to Neverland ۱۲-۱۵ times. He went to MJ's CenturyCity house, saw MJ at Dr. Klein's house and office, saw him in NY, Australia, best man of his wedding to Ms. Rowe. He was both, Dr. Metzger said about MJ being a friend and patient. "I always had his best interest at heart." I don't believe I ever crossed any ethical boundaries with Michael Jackson, Dr. Metzger said. The doctor said he understands the Hippocratic Oath to have his patients first, do no harm. Dr. Metzger: In my view, I always maintained proper boundaries. A lot of physicians would not socialize with patients. Dr. Metzger: MJ was the most social I was with my patients. He really didn't like taking medicine Metzger said. "I think he needed medicine because he had low pain threshold when undergoing surgery" He needed it, he didn't take it for joy, Dr. Metzger said. Dr. Metzger said he believes he never gave MJ Demerol. "Absolutely not," he responded to the question. Dr. Metzger: At some juncture on that tour (Dangerous), I believe I arranged for Karen, Debbie or security team to bring some medicine to MJ Cahan: Was that in Aug ۱۹۹۳? Dr. Metzger: I don't recall. Cahan: Do you remember sending pain medication? Dr. Metzger: Yes, there was some form of pain medication Cahan: Do you remember sending some Demerol? Dr. Metzger: I don't personally believe I prescribed MJ Demerol. It could've come from Dr. Klein if it was in the package. I don't remember ever writing a prescription for Michael about Demerol, Dr. Metzger explained. Dr. Metzger admitted he used Karen Faye's name to prescribe medicine for MJ. I've done it on rare occasions, almost exclusively for MJ and Janet, Dr. Metzger said. Cahan: Even though you knew it's illegal? Dr. Metzger: Yes C: Why? Dr. M: To protect their anonymity Cahan: Have you ever been reprimanded or disciplined for writing prescriptions on someone else's name? ( Chang asked for a sidebar. Outside jury's presence there was discussion about Cahan asking if Metzger was reprimanded for writing prescription under other people's name Bina: Dr. Metzger pled no contest to a misdemeanor for misconduct. There's a petition for suspension of Dr. Metzger's medical license. Bina argued the appropriate remedy should be to strike the question and bar the line of questioning. Cahan apologized saying she misunderstood the court order. She said she thought it had to do with other patients other than MJ and KJ. Panish: She did it intentionally, was setting him up. It was a premeditated plan. It's not admissible, she severely prejudiced this witness. Panish wants an admonition read and wants to be allowed to talk about the German doctors. Chang argued Cahan did it in bad faith. "The jury is left with the idea that he's a criminal, that he'd do anything for MJ," she said. I honestly don't know what to do to fix it, Chang said. "I just want to throw myself on the floor and cry." Judge will read an instruction to the jury that Cahan's question was improper and they should disregard it or anything implied by it. Judge admonished Cahan not to ask anything about it. ) Dr. Metzger said he travelled to Australia with Debbie Rowe, was there for about ۲ weeks. This was HIStory tour. Dr Metzger never rejoined the tour after he came back to LA. "My schedule and MJ particularly wanted me there for the wedding and Australia" He didn't need me and I didn't need to be there, he said. Dr. Metzger recalled treating MJ for mild dehydration while in Australia. The doc talked about the plan he wrote to help MJ sleep. He said MJ gave permission for him to share plan with Rowe, Faye and security guards. Michael needed to be told what to do, Dr. Metzger said. The plan detailed what to do before flights and after performances. He was uncomfortable and a little fearful of flying, Dr. Metzger explained. Cahan: Did doctor shopping included Mr. Jackson segregating physicians? Dr. Metzger: Often I'd not hear about other physicians. I'd hear from security or the ladies if it was serious. At times, I think he probably did keep things from me because he didn't want me to worry, Dr. Metzger testified. Dr. Metzger: I always asked him to go thru the hotel, because the hotel had responsibility to hire competent physician. Cahan: Do you think MJ wanted to keep information from one doctor to another so he could more or less do what he wanted? Dr. Metzger: No Cahan played video deposition in the insurance company lawsuit where Dr. Metzger said MJ would segregate his doctors. Dr. Metzger on depo: I think he didn't want to appear he was doctor shopping. Dr. Metzger: I think he didn't want one medical group to know about another medical group so he could, more or less, do what he wanted. ---------------------------------------------------------------------------------------- Plans as of now ALL SUBJECT TO CHANGE: - Witness done tomorrow morning, arguments and motions in the pm - Jury to be instructed on MONDAY. Closing plaintiff - TUESDAY - Closing defendant - WEDNESDAY - Rebuttal plaintiff - THURSDAY

رندی جکسون از سرپرستان بنیاد برادرش با عنوان "سه کله پوک" یاد کرد

Randy-Jackson-mjestate.jpg روز دوشنبه‌ی هفته‌ی گذشته، رندی جکسون برادر کوچکتر مایکل، مهمان برایان آکسمن، وکیل برکنار شده‌ی او بود. رندی در این برنامه، با نام آوردن از سرپرستان و وکیل بنیاد - جان برانکا، جان مک کلین و هاوارد ویتزمن - آنها را "سه کله پوک" خواند و مدعی شد: "خانواده‌ی من از مک کلین و برانکا راضی نیستند. ما باور نداریم که وصیت نامه حقیقی باشد. ما از بنیاد حمایت نمی‌کنیم. ما خوشحال نیستیم."منظور رندی از خانواده، خود و برادرش جرمین و خواهرانش ربی و جانت هستند. جکی، برادر بزرگتر آنها از کارمندان بنیاد است و از زمان فوت مایکل با آنها همکاری دارد. تاج جکسون، پسر تیتو نیز همینطور. رندی در این مصاحبه گفت: "در حال حاضر رابطه‌ام با برخی از خواهران و برادران‌ام خوب نیست." وی همچنین بیان داشت که باور دارد فردی برای تزریق پروپوفول به مایکل به پزشک موری دستور می‌داد. مایکل در سال ۲۰۰۹ با تزریق بیش از حد این دارو از دنیا رفت و موری به زندان افتاد. تابستان سال گذشته، پس از یک آشوب خانوادگی و دخالت رندی، جانت، ربی و جرمین در امور بنیاد مایکل جکسون و فرزندان وی، پاریس دختر مایکل در توییترش نوشت که اکنون برایش مشخص شده است که چرا پدرش از خانواده فاصله گرفته بود. پاریس تهدید کرده بود که این عده جزای کارشان را می‌پردازند. آنها کاترین را از پاریس، پرینس و بلنکت دور کرده بودند تا بنا بر گفته‌ی برخی، او را وادارند تا علیه بنیاد مایکل وارد عمل شود. پرینس نیز این عده را به دروغگویی و فریبکاری متهم کرد و گفت که پدرش در مورد آنان به وی هشدار داده بود. رندی در این مصاحبه گفت که آن ماجرا ساخته و پرداخته‌ی بنیاد بود تا نامه‌ی سرگشاده‌ی او، جانت، ربی و جرمین در مورد جعلی بودن وصیت نامه‌ی مایکل را بی اثر سازند. آنها با انتشار این نامه در توییتر، خواستار استعفای سرپرستان بنیاد شده بودند. مایکل چهار وصیت نامه دارد که در سال‌های ۱۹۹۵، ۱۹۹۷ و دو بار در سال ۲۰۰۲ تنظیم شده بودند. افرادی در خانواده‌ی جکسون به اعتبار وصیت نامه‌ی چهارم شک دارند اما حقیقت آن است که نام جان برانکا در تمامی وصیت نامه‌های مایکل قید شده و توزیع ثروت در تمامی آنها الگوی یکسانی دارد. سه فرزند مایکل، تنها وراث او هستند. مقاله‌ی فوربس در این باره را اینجا بخوانید. آکسمن در این گفت‌و‌گوی رادیویی مرتب صحبت رندی را قطع می‌کرد و به نظر می‌رسید رندی با بالا بردن صدایش و یا خندیدن، اعتراض خود را نشان می‌داد. آکسمن همچنین ضمن بیان مداوم این نکته که او و رندی سابقه‌ی ربع قرن دوستی دارند، در مورد اینکه در جریان اتفاقات ریز و درشت این خانواده قرار دارد، فخر می‌فروخت و حتی گفت که خود را یکی از برادران جکسون می‌داند و با آنها زندگی کرده است. رندی همچنین در پاسخ به تماس تلفنی یک شنونده که حال پاریس را جویا شده بود، گفت که وقتی پاسخی دریافت نمی‌کند، سر به توییتر می‌گذارد. رندی ماه گذشته، بار دیگر مسائل خانوادگی را به توییتر کشانده و خلوت پاریس را با صحبت در مورد سلامت روانی‌اش برهم زده بود. وی نوشته بود: "اصلا خوشم نمی‌آید که پاریس هنوز در آن ساختمان نگاهداری می‌شود، درست نیست. خیلی وقت است که آنجاست. او بیمار روانی نیست. هیچ دلیلی وجود ندارد که برای این مدت طولانی به دور از خانواده در بیمارستان روانی بستری شود. از این حقیقت که او احتمالا در روز تولد برادرم نیز همانجا خواهد بود، متنفرم. این خوب نیست. یک کاسه‌ای زیر نیم کاسه است، چیزی در جریان است که من خوشم نمی‌آید، برایش می‌ترسم. بیمارستان‌های روانی گاهی باعث می‌شوند شما فکر کنید روانی هستید در صورتیکه نیستید. گاهی آنها مسائل را بدتر می‌کنند. من قصد دارم به این موضوع رسیدگی کنم. منتظر بمانید." همان زمان، دبی رو، مادر پاریس در پاسخ به رندی نوشت: "طبق معمول، این بار نیز به شدت اطلاعات اشتباه دریافت کرده‌ای." رندی در این برنامه‌ی رادیویی گفت که حال پاریس خوب است. وی افزود که پس از توییت وی، پاسخ‌های احمقانه‌ و آتشینی از دبی رو و دیگر افراد دریافت کرده بود. آکسمن همچنین در مورد شکایت بنیاد از سازمان مالیات از رندی سوال کرد. خواندید که بنیاد به صورتحساب مالیاتی ۷۰۲ میلیون دلاری اعتراض کرده است. رندی در پشت میکروفون‌ ابراز خوشحالی کرد که یک سازمان دولتی قرار است دست بنیاد برادرش را رو کند. رندی بطور دقیق نگفت که چه اتهامی را متوجه‌ی بنیاد می‌داند. اما سوال ما از رندی این است که حتی اگر قرار باشد تمامی ثروت انباشته شده برای سه فرزند مایکل طی این سال‌‌ها به دست سازمان مالیاتی چپاول شود، وی بازهم از این موضوع شادمان خواهد بود؟ گرچه مدتی پیش فوربس نوشت که احتمالا دادگاه عالی، این رقم نجومی را رد خواهد کرد و به نفع بنیاد رای خواهد داد. شرح بیشتر ماجرا را در اینجا بخوانید. برایان آکسمن را وکیل ارشد مایکل جکسون یعنی توماس میزرو در سال ۲۰۰۵ اخراج کرد زیرا صدای خرناس‌اش فضای دادگاه را پر کرده بود. البته میزرو پیش از آن نیز همواره از عدم کفایت آکسمن شاکی بود. آکسمن پس از اخراج همچنان خود را سخنگو و وکیل مدافع مایکل می‌دانست. او سپس توسط پدر مایکل استخدام شد تا وکیل و نماینده‌ی او باشد. اگر از خوانندگان این صفحه باشید حتما به یاد دارید که آکسمن تابستان سال گذشته پروانه‌ی وکالت خود را به دلیل کلاهبرداری و فریبکاری از دست داد. او ثروت موکل خود را تصرف نموده و فرزندان‌‌اش را سال‌ها از ارث پدر محروم گذاشته بود تا آنکه قانون دست‌اش را رو کرد و وی مجازات شد. آکسمن حالا یک شوی رادیویی در اینترنت راه اندازی کرده و از جامه‌ی وکالت به شمایل یک مجری رادیویی درآمده است تا "نمایش برایان آکسمن" را رهبری کند. منبع: eMJey.com / The Brian Oxman Show

آهنگ جدیدی از مایکل جکسون لو رفت: I Am A Loser

michael-jackson-2007.jpg روز یکشنبه نسخه‌ی کامل آهنگ منشر نشده‌ای از مایکل جکسون با عنوان «من یک بازنده هستم» (I Am A Loser) بر روی اینترنت لو رفت. مایکل این آهنگ را در ژانویه سال ۲۰۰۳ ساخت و تا سال ۲۰۰۹ یعنی تا زمان فوت، در مجموع هفت سال بر روی آن کار کرد.دمین شیلدز در مقاله‌ای در مورد این آهنگ چنین نوشته است: در سال ۲۰۰۳ مایکل و برد باکسر ضمن کار بر روی قطعه‌های موسیقی، در اتاق‌های مجاور در هتلی در لاس وگاس اقامت داشتند. باکسر به تازگی از همسرش جدا شده و در حال کنار آمدن با این غم سنگین بود. یک شب او تا دیروقت بیدار ماند و در حالیکه زیر لب زمزمه می‌کرد "من یک بازنده هستم! من واقعا یک بازنده هستم!" در درون اتاق‌اش به قدم زدن پرداخت. مایکل که در اتاق دیوار به دیوار او ساکن بود، صدای باکسر را شنید و تصمیم گرفت از حال او جویا شود. او بر در کوفت و به درون اتاق رفت و پرسید: "مشکل چیست؟" باکسر پیش از آنکه جریان را شرح دهد، بار دیگر گفت: "من یک بازنده هستم." و مایکل پیشنهاد داد: "بیا یک آهنگ در موردش بنویسیم." بدین ترتیب آهنگ «من یک بازنده هستم» با همکاری این دو نفر زاده شد. جالب آنکه موسیقی و ترانه‌ی این آهنگ همان شب تا ساعت‌های نخستین صبح به اتمام رسید. برای ضبط این آهنگ، مهندس و تهیه کننده، مایکل پرینس به آن دو پیوست. او می‌گوید: "ما سازوکارهای معمول ضبط را در اختیار داشتیم. Pro Tools، کیبورد، میکروفون و هدفون. یک استودیوی کوچک ضبط راه انداختیم. برد کیبورد می‌زد و مایکل مشق صدا می‌کرد. همه چیز خیلی سریع اتفاق افتاد." پس از آنکه مایکل خواندن آزمایشی آهنگ را به اتمام رساند، پرینس کارش را آغاز کرد. michael-jackson-brad-buxer-michael-prince.png
چپ به راست: باکسر، مایکل، پرینس
پرینس: "مایکل برای رسیدن به یک دموی خوب، چند بار آهنگ را خواند. ما در نورلند و در زمان‌ها و مکان‌های دیگر، بیشتر بر رویش کار کردیم. مایکل دوست داشت مرتب به آهنگ‌هایش جلا بدهد و بر رویشان کار کند." مایکل در بسیاری از آهنگ‌هایش از زندگی خود سخن گفته، اما او این بار راوی داستان عشق حقیقی و از دست رفته‌ی برد باکسر است. او می‌خواند: "من سلام می‌گویم / تو می‌گویی خدانگهدار. من به سوی تو می‌آیم / اما تو هیچ نمی‌کوشی. من یک بازنده‌ام. من یک بازنده‌ام." مایکل پرینس گفته است که نسخه‌ی لو رفته‌ی آهنگ، آخرین نسخه‌ی کار شده‌ی آن نیست. آوازها کامل است اما این فقط یک دمو است. در میانه‌ی آهنگ می‌شنویم که مایکل می‌گوید "آاا"، پرینس دلیل را چنین ذکر می‌کند: "در این زمان مایکل برای خواندن یک بخش آماده می‌شد و سپس توقف کرد. این نسخه ادیت نشده است. مایکل نمی‌خواست این "آاا" در آهنگ باقی بماند. آنچه که می‌شنوید آواز مایکل و کیبور برد است. این واقعا یک دمو است. آوازها دست نخورده‌، تنظیم نشده و ادیت نشده‌اند." پرینس می‌گوید نسخه‌ی لو رفته، دموی تکمیل شده‌ای است که پیش از آنکه ترانه‌ی آهنگ تغییر یابد، ضبط شده بود. نسخه‌ی نهایی آهنگ، I Am A Loser نیست، بلکه I Was The Loser است. این چگونه پیش آمد؟ "مایکل از نسخه‌ی اولیه‌ی «من یک بازنده هستم» راضی بود. اما پیش از آنکه آن را برای فرد دیگری پخش کنیم، گفت‌و‌گوی مفصلی با مایکل داشتیم و او بیان داشت: «من نمی‌خواهم یک بازنده باشم. مهم نیست اگر در گذشته بازنده بودم، اما نمی‌خواهم بگویم که هنوز هم یک بازنده‌ام.» بنابراین ما تغییرش دادیم." وقتی ترانه تغییر کرد، مایکل مجددا کل آهنگ را نخواند، بلکه فقط جمله‌ی "I was the loser" را ضبط کرد. این ضبط اواخر سال ۲۰۰۸ در یک استودیوی موقتی که توسط پرینس در اتاق مایکل در هتل بل ایر سر هم بندی شده بود، انجام پذیرفت. درست در همین زمان بود که مایکل بخش‌های اضافی آهنگ‌های پیشتر ضبط شده Best of Joy و Hollywood Tonight را خواند. مایکل نام تمامی این آهنگ‌ها به اضافه‌ی برخی دیگر را در فهرست کارهایی که می‌بایست انجام می‌داد، یادداشت کرده بود. این یادداشت که نام ۲۸ آهنگ بر رویش فهرست شده بود، در کنار تختی که مایکل بر روی آن فوت کرد، در اتاق‌اش پیدا شد. 28-songs-MJ-was-working-on-2009.jpg
یادداشت مایکل
پرینس می‌گوید آهنگ‌هایی وجود داشت که ذهن مایکل را درگیر می‌کرد، گاهی آهنگ‌های تازه می‌نوشت و گاهی آهنگ‌هایی از دوران گذشته را بیرون می‌کشید تا به آنها جلا دهد. پرینس: "در دوره‌ی آلبوم اینوینسیبل کمی بر روی Scared Of The Moon کار کردیم و استیو پورکارو شوخی می‌کرد که «وای، دوباره این آهنگ؟» بامزه بود زیرا من شخصا قبلا آهنگ را نشنیده بودم. اما شیوه‌ی مایکل چنین بود. می‌گفت «چرا این را در آلبوم نگذاشتیم؟ بیایید دوباره گوش دهیم. می‌توانیم بهترش کنیم؟» گاهی آهنگ‌ها در آلبوم قرار می‌گرفتند و گاهی نه." مایکل پرینس و برد باکسر درخواست کرده‌اند که این نسخه‌ی لو رفته از I Am A Loser در جایی منتشر نشود و تمامی لینک‌های این آهنگ از اینترنت حذف گردد. ما موظفیم به خواست این دو احترام بگذاریم و لینک آهنگ را منتشر نخواهیم کرد. اما این آهنگ همچنان به راحتی در یوتوب در دسترس همگان است. منبع: eMJey.com

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