Jacksons vs AEG - Day ۷۳ - August ۲۰ ۲۰۱۳ - Summary No Jackson family members are in court today. The judge laid out a schedule on when certain motions will be argued in the next couple weeks. Katherine Jackson wants to amend her lawsuit. AEG Live is seeking a dismissal of the case, claiming the plaintiffs haven't shown enough evidence to send the case to the jury. AEG's motion won't be heard until Sept. ۵ so that all the lawyers who need to argue it can be present. (AP) Rhoma Young Testimony AEG Direct AEG called their next witness, Rhoma Young. She's a Human Resources consultant. (ABC۷) She was questioned by AEG Live attorney Jessica Stebbins Bina. (AP) Young said she was asked to look at the practices and policies of AEG Live, their independent contractors and testimony to see if consistent (ABC۷) She has testified in detail about the differences between an employee and an independent contractor. (AP) Young explained she's been in the business going on ۴۰ years. She has her own consulting company in the Bay area. She has worked with Facebook, Microsoft, IBM, LinkedIn, Roche, UC Med Centers, private hospitals, Kaiser, Chevron. She also worked with small organizations with less than ۱۰۰ employees. In the music industry, Young said she worked with the Symphony, Ballet and Opera in the Bay area. (ABC۷) She has been a consultant for ۳۰+ years. Young has consulted on HR issues with the U.S. government and large tech companies including Facebook, Microsoft and healthcare companies. (AP) Young described her extensive background in the business, the different places she has worked and education. (ABC۷) Young said she looks at the whole policy and procedures, all documents and how the company operates. Young explained part of her job is to help the organization to develop a plan to perhaps be more consistent with the written word. (ABC۷) Young reviewed an extensive list of documents in this case. She's worked in this case close to ۲۰۰ hours. Her hourly rate for research is $۳۵۰ per hour and $۴۵۰ and hour for testimony and deposition. Young said her bill is close to $۷۰,۰۰۰ as recent as yesterday. In court, she said she testified ۹۵ times, or maybe more. She said she tried to testify half and half for plaintiffs and defendants and has refused work when the balance is off. "I'm not an advocate," Young said. "Because I testify for both sides, I can't contradict myself. My reputation is about being balanced." (ABC۷) She also does investigations and has helped companies hiring employees. Young said an employee is an individual hired by a company. General there's a defined way to find the employees, the screen process, layers of screen to determine who's more qualified and who is not. When you're hired there's a supervisor, job title, set of expectation, training, how they are paid, employee benefits, insurance, Young said (ABC۷) Employees, Young told the jury, typically apply for jobs, have supervisors, are entitled to some benefits and have a pay range. (AP) Young explained there's are different levels of human resources. One aims for perfection and the basic, which includes reasonable practices. In the world of HR, there are certain basics that are covered in workshops, since there always is confusion. (ABC۷) One is issue between exempt and non-exempt, independent contractor and employee, Young testified. (ABC۷) Application process is the initial screening process of a potential employee, Young said, if person meets the basic qualification. Young said there could be several interviews and done by different ways, like by one person or group of individuals. (ABC۷) Young explained independent contractors are usually sourced through different method and different way. The expert said you can get personal referral or look for professional organizations to find independent contractors. There's no application. Young testify for independent contractors you talk about price, timing, scheduling, license and there's contract prior to beginning of work. (ABC۷) Independent contractors aren't employees, Young said, and aren't entitled to insurance or other benefits and don't have a supervisor. Independent contractors also are typically referred to a job, and don't get on-the-job training as an employee might, Young said. Young made a point of telling the jury that her definitions of employees and independent contractors aren't legal ones. (AP) In order to obtain a medical license, Young said the doctor submits to a fingerprint scan, which goes thru Department of Justice. They also go thru very thorough education background. The State of California does not check financial background of applicants to issue medical licenses, Young said. (ABC۷) Stebbins Bina showed Young a chart that Shawn Trell and plaintiff's expert Jean Seawright testified about related to AEG Live's practices. The chart spelled out in bullet points the company's practices for checking out employees versus independent contractors. Young said the chart was consistent with HR-established practices for checking out employees and independent contractors. she also described appropriate background check policies. She said financial checks are expected for people working in financial roles with a company, but not necessarily for other workers. Other licenses (driving, medical) would be verified. (AP) Bina showed chart of AEG Process to Check Out People. (ABC۷) Employees: - Job posted - Interview and resume - Verify employability - Check reference and work history - Criminal background check is warranted - Credit check if hired for financial position - Obligation based on employment relationship Independent Contractors: - Previous Working Relationship with AEG Live or Known to the Artist or Known in the Industry - Required licenses or permits - Fully insured - Indemnification provision - Obligations laid out in contract Employees have deductions and benefits, such as taxes, insurance, unemployment insurance, disability insurance, etc, Young explained. There's no payroll taxes deducted from pay of independent contractors, the expert said. (ABC۷) "An employee is brought in with the expectation the person will be with the company for a while," Young said. Thus the training is different. Independent contractor is supposed to have the expertise right now, she explained. For employee, there's job description and a set of responsibility very defined. They are usually going to have an employee handbook she said. Handbook details the expectations from the company and what employee can expect from employer, the expert explained. Independent contractors' duty are worked out in advance and generally with a contract. Young: Generally in my opinion, independent contractors supply their own: their insurance, equipment, etc. They are normally self-contained. (ABC۷) Young said there's nothing inconsistent in the way AEG check people out with what's used in the business. (ABC۷) Young said in looking at the content of Dr. Murray's contract, she said it's consistent with an independent contractor agreement. "That agreement signed by Dr. Murray did contain things I usually would encounter in independent contractor agreements," Young opined. (ABC۷) Young: This is little bit of different ۳-way agreement. This is AEG acting on behalf, helping MJ getting the doctor he wanted to go on tour. Bina asked who she understood asked for Dr. Murray to be hired. "Michael Jackson," she responded. Young: My understanding is AEG was to advance funds for other personal staff on behalf of MJ at his request ultimately to be paid back by MJ. "My understanding these choices were being made by MJ. The children chose Kai Chase, but the choices were ultimately MJ's," Young testified. (ABC۷) From an HR point of view, background checks could be part of both, but the way of which they are done are different, Young said. The gathering of initial information includes everything you do to find out about the person or organization you're thinking of bringing on. For employee, Young said the check would include application, talk to prior employers, check driver's license. Depending on the type of job, there should be a determination on whether a background check is needed or not, Young said. (ABC۷) "For independent contractors, in my opinion, you don't do background check or criminal check," Young said. "You have a different set of knowledge, referrals," she said. You may ask them to provide necessary licenses, their own insurances. She said it may all be included in the agreement. (ABC۷) In an interview, the questions have to be job-related, Young said. Bina: Can you ask about how many children someone has? Young: No! Bina: Can you ask if a person anticipates to get to work on time? Young: You can say 'the job is schedule to be performed between ۸-۵. Is that going to present a problem? Young said the rules are in place because you can have privacy issues, you can be asking inappropriate question not fair and equitable. (ABC۷) Young said AEG does basic checks for employees, such as is the person eligible to work, do they have driver's license if needed for the job. She said they also do credit checks for people who have fiscal and fiduciary duties and criminal background check on some specific employees. (ABC۷) Young said that background check is much less frequently done for independent contractors than it is for employees. Young said many licenses go thru detailed background check. There's also a possibility to do a check during the interview, if needed. She explained licenses check skills, experience. Professionals are to adhere to standards of expected performance from the issuer of license. Independent contractors give you different kinds of assurances when they are self-insured, Young explained. (ABC۷) Bina: Do you agree or disagree that a credit check was job related for MJ's physician? Young: I absolutely do not agree. Young: The process for someone to get a medical license is fairly thorough. Secondly, I have worked in health care w/ all different settings. "As fair as I know, they do not do credit checks," Young said. She checked places hiring, saw no reference as credit check as a requirement. "It's not common, it's not frequent, in fact it's very rare," Young testified about credit check in the healthcare industry. (ABC۷) Plaintiffs' HR expert Jean Seawright testified earlier she relied on a study that ۳% of healthcare companies did credit checks of employees. Young said ۹۷% of healthcare company did not conduct any credit check. And that included more than just physicians, she said. Young: I helped organizations conduct recruiting, approximately ۲۸۰, ۳۰۰ times. Young has done only one credit check for a CFO. Young said the person was going to be making decisions of the financial and fiscal health of the organization. "It's more of a judgment issue, how they dealt with, for the health of the organization," Young explained. "In the professional experience I had, it is not common to do credit checks on physicians," Young opined. (ABC۷) She disagrees that Dr. Murray's job was high risk or sensitive. High risk is when a person performing the work has more likelihood of fatality or injury to the worker, Young explained. Bina: Is there anything here that you considered Dr. Murray's job high risk and sensitive? Young: No, I do not. (ABC۷) Young: There were multiple occasions Ms. Seawright seemed to have ignored basic HR standards. Young: When she said there's no difference between independent contractor and employees, for example. "How she described job relatedness, it was totally at odds from what I'd have expected from a seasoned HR professional," Young opined. (ABC۷) Bina finished her direct examination. Jackson cross Jacksons' attorney, Brian Panish, did cross examination. (ABC۷) Young said she started tracking cases she's testified about ۱۵ years ago. She had been testifying about ۲۰ years, ۵ years were not tracked. Young came to LA Friday evening. She met with the attorneys Saturday, Sunday and Monday, lunch today. "I don't bill until I get in this chair," Young said. She bills different rate when sitting around, which is at $۳۵۰/hour rate. "It's true I'm a full-time HR consultant," Young said, adding she also has another business. Young has an antique business and jewelry design. She works ۳۰-۵۰ hours in HR per week, which she considers full time. (ABC۷) Panish: Do you know what a CMC certification is? Young: Yes P: And that's something you don't have? Y: Correct . Panish asked if she has worked with concert promoters. She said no. Panish: Ma'am, you don't specialize in the music business? Young: No. (ABC۷) Young worked at General Motors. There were labor issues and Young represented the company. Panish: During that time, GM was laying off tens of thousands of jobs? Young: At the end of my time there, yes. (ABC۷) Panish asked if she has ever seen a ۳-way party involving a doctor, patient and someone else. "I've worked with some clinics and going thru personnel files I saw some ۳-way agreements," Young said. There were some independent contractor situation and ۳ party agreements, she explained. This was over ۱۰ years ago. Panish: And the agreement said the doctor took directions from someone else other than the patient? Young: I didn't read the agreements. (ABC۷) Young said she has not seen a contract between a concert promoter, doctor and patient. Panish: You're not familiar with physicians traveling with musicians on tour? Young: Only what I read in this case. She said she's familiar with a doctor going on "This Is It" tour and that a doctor was present in an earlier MJ tour. Panish: You never dealt with a producer/promoter trying to hire a doctor for an artist? Young: That's correct. Young said she's never hired a physician on behalf of anyone. She has helped in the process but was not the person to have the last say. (ABC۷) Young has not looked at Nevada's medical license requirements prior to issuing a medical license. There was one child support situation that was late, Young said. She read in the case that Dr. Murray has ۶ or ۷ children. (ABC۷) Panish: You're not disputing AEG could've made Dr. Murray sign a authorization for background check, are you? Young: No. Panish: Did AEG have a written policy of what they had to do to supervise an independent contractor? Young: No. Panish: Is there a written policy regarding hiring and retaining independent contractors? Young said that as far as she knew, AEG has a template of draft contract. Young explained there's a draft, in writing, of template for dealing with independent contractors. She said she could consider that a policy. Panish showed the independent contractor template and what Young said it would be a policy and procedure. Panish: Does it say what they should check out before the employment? Young: No P: Does it say check references, prior employment? Y: No. Panish: It's important to have clear policies and procedures to hire independent contractor in order for everyone to follow the same rules? Young said it helps. "My understanding is that all went thru legal," she added. Panish asked what document applies for written policy/procedure for AEG Live hiring/retaining/engaging an independent contractor. "To my knowledge there isn't one," Young said. "As far as I know, there are no criteria in writing before hiring an independent contractor." "I look for effectiveness not correctness when doing my audits," Young said. Young explained she was not asked to to assess if AEG Live appropriately supervised Dr. Conrad Murray. (ABC۷) Panish asked what AEG Live did to check Dr. Murray's license. Young said Kathy Jorrie searched the doctor's medical license. Panish pointed out that insurance was never provided to AEG. "And the agreement was never completed," Young responded. (ABC۷) Panish: Finding someone is different from checking them out, isn't it? Young: Yes. You may be doing both things at the same time. Panish: In your opinion, AEG didn't have to do anything? Young: In terms of background check and supervising Dr. Murray, no. (ABC۷) Young said she does not consider physician's job dangerous. She said industry considers the danger to the person doing the job not ۳rd party. Panish asked if one example of dangerous profession is crocodile's keeper, wild animal holders. She said yes. "Crocodiles are dangerous creatures," Young testified. "Have you trained a crocodile before?" Panish asked. "Not recently," she responded. And Young took a jab at Panish: "I've been cross examined by one." Everyone started laughing. (ABC۷) Young is donating the trial testimony money to the American Cancer Society. Panish said if he keeps her tomorrow there will be more money to ACS. Defense attorney objected. Everyone laughed again. (ABC۷) Frasco Profiles does background check for AEG. Panish showed provision that says "Disclosure and Authorization to Conduct Background Check". Panish: In ۲۰۰۹, AEG Live had the ability to do background check on a person if they wanted to? Young: Yes. Panish: Frasco charges between $۴۰-$۱۲۵ for background checK? Young said she based her opinion on a competitor of Frasco. The answer is yes. Young is familiar with credit check in general. She doesn't do them herself. (ABC۷) Panish: Did you see any evidence in this case that AEG Live did a background check on Dr. Murray? Young said Jorrie checked Dr. Murray's medical license, whether it was current and if there had been any complaints against him. (ABC۷) Panish asked Young about Det. Martinez' assertion that Dr. Murray was in desperate financial troubles. "I learned that he was late in the mortgage payments, I don't know how far it was in the foreclosure process," she said. Young said in her deposition that she has no idea how Randy Phillips determined Dr. Murray was extremely successful. (ABC۷) Young explained she's familiar w/ State of California's criteria to issue licenses to physician, but she's not an expert in physician hiring. (ABC۷) Panish asked if ۱۰ mins is thorough, detailed background check on someone. Young said it could be, even Seawright said it only takes ۵ mins. (ABC۷) AEG Redirect In re-direct, Bina showed "Disclosure and Authorization to Conduct Background Check." It says "Credit history may be requested, but only where such information is substantially related to the duties and responsibilities of the position to which you're applying." (ABC۷) Young said she thinks the salary discussion alone proves that's what MJ wanted at the time. (ABC۷) Jackson recross In re-cross, Young said there was an agreement that called for the engagement of Dr. Murray. Panish: If AEG came to you in ۲۰۰۹ and asked if they should hire a doctor on behalf of ۳rd party, you would've said no? Young: I don't know. "No, there's not a chance I'd advise that," Young said in a deposition, laughing out loud. (ABC۷) AEG redirect Bina asked if the reason she said that was because she's not a lawyer. She said yes, she doesn't advise on contracts. (ABC۷) Young is excused. ---------------------------------- AEG Live plans to play three video depositions tomorrow, Jeffrey Adams, Dr. David Adams and Dr. Stephen Gordon.

بنیاد مایکل جکسون بالاخره در مورد آهنگ جعل شده‌ی مایکل جکسون با نام Slave to the Rhythm که چندی پیش با صدای جاستین بیبر در اینترنت منتشر شد، (خبر) یک بیانیه‌ی عمومی و رسمی منتشر کرده و گفته است: "به این آهنگ مجوز داده نشده بود. به شما اطمینان می‌دهیم که بنیاد در مورد انتشار این آهنگ به شدت آشفته است و هرآنچه که در توان دارد را به خدمت می‌گیرد تا این آهنگ از وب سایت‌های بسیار و یوتوب حذف شود." آنها پیشتر در مورد این آهنگ به شکل انحصاری از طریق ایمیل با وب سایت‌های هواداران تماس برقرار کرده بودند.در همین رابطه، دمین شیلدز، از اعضای خبر رسان جامعه‌ی هواداران می‌گوید به طور اختصاصی با دی‌جی مکس متودز (Max Methods) که آهنگ جعلی را رمیکس کرده، گفت‌و‌گو کرده است. مکس متودز: "من با تریکی استوارت کار می‌کنم. او مرا به استخدام شرکت نشر Red Zone Ent درآورد و از من خواست آهنگ را دوباره تهیه کنم." تریکی استوارت کار با چهره‌های مشهوری همچون بیانسه، ریحانا، مری جی بلایج و بریتنی اسپیرز را در کارنامه‌اش دارد. در سال ۲۰۱۰ بنیاد مایکل جکسون از تریکی استوارت خواست تا بر روی تعدادی از آهنگ‌های منتشر نشده‌ی مایکل از جمله Slave to the Rhythm کار کند. این آهنگ در آن سال روی اینترنت لو رفت و برخلاف انتظار و اشتیاق هواداران، در آلبوم MICHAEL منتشر نشد. حالا مکس متودز ادعا می‌کند که استوارت به وی ماموریت داده بود تا نسخه‌ای از این آهنگ را با صدای جاستین بیبر ضبط کند. بیبر در استودیو آهنگ را خواند. متودز می‌گوید چیزی در مورد چگونگی لو رفتن این آهنگ نمی‌داند. اما آیا آنها از این بابت غافلگیر شده‌اند؟ آیا وقتی بیبر به گزارش هافینگتون پست چند ساعت پیش از انتشار این آهنگ، وعده‌ی اتفاقی بزرگ را داده بود؛ می‌توان باور کرد که آنها در این امر دستی نداشته‌اند؟ شاید آنها ناامید از به دست آوردن مجوز انتشار این آهنگ، اقدام به لو دادن آن روی اینترنت کرده باشند. طی این چند روز، هش‎تگ SlaveToTheRhythm# در توییتر جولان داده و بیبر از جنجالی اینترنتی سود برده است. برخی شبکه‌های رادیویی به شکلی غیر قانونی این آهنگ را به عنوان کاری مشترک از مایکل جکسون و جاستین بیبر پخش کردند. جوک هفته نیز اظهار نظر برخی از هواداران بیبر در توییتر و شبکه‌های اجتماعی بود که می‌گفتند بیبر به خاطر این آهنگ مستحق دریافت گرمی است، جایزه‌ای که هرگز برنده نشده است. متودز در توییترش نوشته است: "من برای بنیاد مایکل جکسون احترام بسیاری قائلم، کار بر روی این آهنگ برایم افتخار بود، اما متاسفم که آهنگ پیش از آماده شدن لو رفت." اینطور که بنیاد می‌گوید، متودز در وحله‌ی اول اصلا اجازه‌ی کار بر روی این آهنگ زیبا و تحریف آن را نداشت. آن‌ها ورس‌های خوانده شده توسط مایکل را حذف و صدای بیبر را جایگزین کردند تا هواداران بیبر آن را به عنوان آهنگ مشترکی از بیبر نوجوان و پادشاه پاپ بشناسند و در برابر هواداران مایکل که به این آهنگ اعتراض داشتند جبهه گیری کنند. بدین ترتیب آهنگی که حق و حقوق آن به مایکل جکسون تعلق دارد، جعل شد و یک همکاری مشترک و غیرحرفه‌ای به مایکل و هواداران‌اش تحمیل گردید! برخی از هواداران بیبر با انتشار عکسی از پیام‌های خصوصی جاستین بیبر در توییتر، ادعا می‌کنند که خانواده‌ی جکسون از بیبر خواسته بود تا بر روی آهنگ کار کند. این تصویر می‌تواند جعلی و ساخته‌ی هواداران بیبر باشد اما در آن از زبان بیبر ادعا شده است که خانواده‌ی جکسون سال گذشته آهنگ را در اختیار رادنی جرکینز گذاشت تا به بیبر بدهد، زیرا این چیزی بود که مایکل می‌خواست! در ادامه گفته شده است: "من مفتخرم شدم اما تا زمان آمادگی به سمت آن نرفتم. یک نفر آهنگ را لو داد که نسخه‌ی نهایی نیست." این در حالی است که آهنگ‌های مایکل جکسون در دست بنیاد و نه خانواده‌ی اوست و رادنی جرکینز نیز هرگونه دخالت در تولید، ضبط و انتشار این آهنگ را رد کرده است، پس گفته‌های آورده شده از زبان بیبر در این تصویر - چه حقیقی باشد و یا جعلی - صحت ندارد. همانطور که پیشتر خواندید ترک Slave to The Rhythm در سال ۱۹۸۹ توسط مایکل ضبط شد و با آهنگ‌های If You Don't Love Me و Do You Know Where Your Children Are هم دوره است که همگی برای آلبوم دنجروس تهیه شدند. گفته شده است که مایکل پیش از فوت کار آهنگ «برده‌ی ریتم» را تکمیل کرده بود. در این شرایط براستی نیازی به دست بردن در این آهنگ زیبا که در صورت انتشار رسمی می‌توانست یک شاهکار و صدرنشین جدول فروش باشد، نیست. منبع: eMJey.com / MJ Estate

Jacksons vs AEG - Day ۷۲ - August ۱۹ ۲۰۱۳ - Summary Jackson family is not in court Dr. Gary Green Testimony Jackson cross Green is an expert on medical conflicts of interest who is testifying for AEG Live. He is refuting testimony by a plaintiff's expert. (AP) Dr. Green said over the weekend he reviewed his testimony from Friday, reviewed materials provided earlier and met with AEG attorneys. (ABC۷) Bloss: Do you remember Dr Matheson testifying that it didn't appear Phillips had full recollection of phone call between Phillips-Murray? Dr. Green: Yes, it appears from Mr. Phillips' testimony he does not have a full recollection of the phone call. Dr. Green: Phillips wasn't able to recall the specifics content of the phone call, but he wrote email that could indicate of what was spoken. "There's no evidence that Mr Phillips put any pressure on Dr. Murray in that phone call," Dr. Green explained. Dr. Green said he has not seen any evidence showing Phillips put pressure on Dr. Murray. (ABC۷) Bloss asked Green about the ۲۰+ minute phone call that Phillips had with Murray before the June ۲۰, ۲۰۰۹ meeting. Green was asked to assume that Phillips threatened or pressured Dr. Murray, and whether that changed his opinions in the case. "Assuming he made that threat, that does not change my conclusions," Green said. (AP) Bloss asked how Dr. Green reconciled any inconsistency in testimonies. He said he looked if any of them relate to his opinion in the case. "In this case, my opinions are the same as I stated the other day," Dr. Green expressed. Bloss: Was there any fact inconsistent with your opinion? Dr. Green: Not that I can recall at this time. Bloss: You said your opinion was based on Phillips, Ortega and Gongaware, correct? Dr. Green: That was part of it. (ABC۷) Bloss: Is the basis of your conclusion that AEG Live did not direct Dr. Murray's action the testimony of Phillips, Gongaware and Ortega? Dr. Green: Part of it yes, but I may have seen other evidence leading me to that conclusion. (ABC۷) Bloss showed email chain "Trouble at the Front" and meeting on June ۲۰, ۲۰۰۹. (ABC۷) Bloss showed Green several emails the jury's seen throughout the case, including one of AEG Live CEO Randy Phillips' emails to Kenny Ortega. That message told Ortega not to be any amateur psychiatrist or physician and try to diagnose Michael Jackson's health issues. Bloss asked Green whether that email changed his opinion that AEG didn't create a conflict of interest for Conrad Murray. Green said no. (AP) "There were several accounts of that meeting," Dr. Green said Bloss: Do you recall Dr. Murray telling AEG to "stay in your lane" and that it showed independency? "There's a little bit of dispute as to what really happened at that meeting," Dr. Green testified. (ABC۷) Green was asked about his recollection of the testimony about a June ۲۰, ۲۰۰۹ meeting between Ortega, Phillips, Murray and Jackson. The doctor initially said he thought Murray had told Ortega and Phillips to stay out of Jackson's medical care, but Green recalled after some additional questions by Bloss that Murray's comments were directed only at Kenny Ortega. (AP) Dr Green: In my opinion in this case the health interests were aligned and there were no conflict of interests that led to poor medical care (ABC۷) Dr Green said when Phillips asked what was wrong with MJ it could be Murray was following privacy laws not disclosing MJ's medical condition. Bloss asked if Dr. Murray said 'sorry, I can't tell you what's wrong because of HIPPA privacy laws'? "There's not requirement that Dr. Murray would have to say that," Dr. Green opined. (ABC۷) "There's seems not to be any evidence that Dr. Murray was pressured," Dr. Green said. "It was ultimately up to Dr. Murray to make decisions in the best interest of his patient and he didn't do that," Dr. Green opined. Bloss: Even if Mr. Phillips threatened to cancel the tour, that doesn't change your opinion? Dr. Green: It still does not take away Dr. Murray's responsibility with the patient. (ABC۷) Bloss played video depo of Dr Green. He said he accepted as true Phillips' accounting of what happened in that meeting to issue his opinion. "Mr. Phillip testified under oath, I credited his opinion," Dr. Green said. He said he also credited other testimony as well, such as Ortega "I have no way of resolving which way is true," Dr. Green explained about different accounts of the meeting. (ABC۷) Dr. Green said he's aware of two people feeling MJ needed psychiatric help and some people being afraid MJ could die. Bloss asked about Phillips saying it was not the right time to introduce a new person into MJ's life after psychiatric help was suggested. Bloss showed email from Hougdahl saying he has watched MJ deteriorate for the past ۸ weeks and the singer needed a shrink to get thru all. Dr. Green said he's not sure if he was given copy of this email to review before or after his deposition. After reading his depo, he recalled he had not received it until after the depo and did not consider this email in his conclusion. (ABC۷) Dr. Matheson brought an article entitled "Conflict of Interest in Medical Research, Education, and Practice" to his deposition. The definition Dr. Matheson testified about conflict of interest is not the same formal definition Dr. Green relied upon. "Conflicts of interest are defined as circumstances that create a risk that professional judgments or actions regarding a primary interest.. will be unduly influenced by a secondary interest." Bloss asked if the agreed with the definition above. "I agree that it's a reasonable definition but not the only one," Dr. Green said. Another article Dr. Matheson brought to his deposition: Conflict of interest refers to a "set of conditions in which professional judgment concerning a primary interest (patient's welfare or the validity of research) is unduly influenced by a secondary interest (financial gain)" Bloss: Do you agree with that? Dr. Green: Yes, that's a reasonable definition. (ABC۷) Green agreed that many were valid definitions of conflicts of interest, but that he didn't agree that money always created a conflict issue. (AP) Bloss showed another article "Principles for Identifying and Assessing Conflicts of Interests." Bloss: Do you agree that financial interest is the most powerful corroding force in a conflict of interest? Dr. Green: In my experience, however, I've seen physicians do all sort of things for reasons other than financial. Dr. Green said he's not aware there's way to rate the most powerful conflict of interest. He believes financial interest can create conflict. Bloss showed a report, which summarizes physicians' statements. "When individuals stand to gain by reaching a particular conclusion, they tend to unconsciously and unintentionally weight evidence is a biased fashion." Dr. Green said psychologically speaking, he agrees with the statement above. "I agree money can corrode professional responsibility but I'm not sure it's the most corroding thing in conflict of interest" Dr Green said. Dr. Green said he agreed that the greater the value the more probable its influence is. He highlighted the word 'probable,' though. (ABC۷) Bloss showed Dr. Green MLB's policy on assessment and management of concussion on ballplayers. Policy was adopted in ۲۰۱۰ or ۲۰۱۱. Since then, MLB has to review team physician's actions before an athlete is allowed to return to play. Dr. Green said his position is more of an administrative position with MLB, he doesn't see the patients. He is responsible to make sure the latest rules regarding concussion is followed. He said it's a very controversial area. Bloss asked if the reason team does not have unilateral power to have athlete return to play is because of potential conflict of interest. Dr. Green responded the reason is because there's competition. "It's not about trusting the team's physician, it's about the competition." Dr Green testify he/MLB can deny a team physician's request to put a player back on the field after a concussion. The union doc also opines. Bloss asked if the reason is because there could be conflict of interest between team physician and his responsibility with the player. "Yes, in very small part," Dr. Green responded. "Part of my responsibility is to return athletes to play," he said. (ABC۷) Bloss asked about Green's work with Major League Baseball, specifically its concussion policy. Green reviews team doctors' decision when a player suffers a concussion. He said a team doctor cannot return a player who has a concussion to a game without outside review. Green said the MLB policy isn't about conflict of interests, but making sure no team had a competitive advantage "We have rules for everything, how you wear your socks, how you do everything," Green said. "It has to do with the competitive balance." (AP) Bloss said on Jun ۱۴ Gongaware's sent email saying "we need to remind him it's AEG, not MJ who's paying his salary"/"what's expected of him". Then on June ۱۶ Dr. Murray received first draft of the contract agreement with provision that if tour were canceled the agreement would too. Dr. Green said that everyday after June ۱۶, ۲۰۰۹, Dr. Murray knew about that provision. And that included June ۲۴ and ۲۵, the say MJ died. (ABC۷) Bloss asked about meeting nurse Cherilyn Lee had w/ MJ at some point. She testified on April ۱۹ MJ complained of having trouble sleeping. MJ asked Lee to find a doctor who would give him Propofol. Dr. Green said this happened ۱۳ days after Dr. Murray ordered Propofol. (ABC۷) Dr. Green is a clinical professor at UCLA, approximately ۱۶ hours/week. He said there are clinical and tenure tracks. Dr. Green has no experience in the music business, has never worked in concert or for promoter of concerts. (ABC۷) "There could be conflict of interest in any case," Dr. Green said. Bloss asked if having a sole patient increases the risk. He said it could. Bloss: Does Dr. Murray's financial status matters at all to your opinion? Dr. Green: No, it does not. "I had a general impression that he was in debt," Dr. Green said. He believes his understanding was based on media reports on Dr. Murray. (ABC۷) Bloss asked if Detective Martinez suspected financial motive for Murray to violate Hippocratic oath. Dr. Green said that's what he testified. Bloss asked if getting easy money, $۱۵۰,۰۰۰ a month, created an incentive to bend the rules. "Yes, and I believe he (Det. Martinez) testified it was Dr. Murray's decision," Dr. Green said. (ABC۷) Bloss also asked about testimony by LAPD Det. Orlando Martinez, who said he believed Murray needed money and that influenced his actions. (AP) Bloss: Is that true you cannot say why Dr. Murray acted ethically in this case? "Not knowing Dr. Murray and not hearing his testimony, I cannot say with certainty why Dr. Murray committed this crime," Dr. Green said. (ABC۷) Green: "I cannot say within a reasonable degree of medical probability why Dr. Murray committed this crime." (AP) The doctor was asked whether he'd ever seen an agreement similar to the one between AEG Live, Jackson and Murray. Green said no (AP ) Bloss: Have you ever seen a three-way relationship between a physician, a patient and a third party? Dr. Green: No, nothing like this. Dr. Green testified his understanding is that AEG Live was going to advance money to Dr. Murray on behalf of Michael Jackson. Dr. Green agreed Dr. Murray's contract termination could be done by MJ and multiple ways by AEG Live unilateral. "I agree that the longer the tour went on, the more financial gain Dr. Murray would have," Dr. Green testified. (ABC۷) Based on MJ's physical condition in June ۲۰۰۹, Dr. Green said he has no reasonable opinion whether the tour should've been postponed or not. (ABC۷) Bloss concluded his questioning, and AEG Live defense attorney Jessica Stebbins Bina took over on re-direct. (AP) AEG redirect In re-cross Dr Green said he was retained in the case on March ۴, ۲۰۱۳ to consider his expertise in sports medicine and conflict of interest . He was also asked to review Dr. Matheson's testimony. Dr. Green listed the depositions and declarations he reviewed prior to his own deposition. Dr Green attended almost all of Dr Matheson's deposition. He said he wanted to hear him saying his opinion as opposed to reading it on paper. Dr. Green: I have a great deal of respect for Dr. Matheson. If I had agreed with Dr. Matheson's opinion, I'd have communicated it to AEG. Dr. Green said there has been cases where he gave opinion that the attorneys ended up not using in their cases. Dr. Green: I considered the evidence and I came to my own conclusions. Dr. Green: My practice is that I present them to the attorneys and whatever they want to do with that is their business, not mine. "The more information I found, the more it strengthen my opinion," Dr. Green testified. (ABC۷) She asked Green what he would have done if his opinion was the same as a plaintiff's expert. He said he would have told AEG Live's lawyers. Green said when that's happened in other cases, the lawyers haven't used him as an expert witness. "I look at opinions like I would a medical diagnosis," Green said. He said new info sometimes changes his opinions. (AP) Stebbins Bina asked Green about some of the conflict of interest definitions that Bloss asked about. Green said about one document that it was guidance for physicians only, not for third parties or patients. "Patients must be informed of financial incentives that could impact the level of care they receive," one of the documents read. Green said Jackson was aware of incentives to Murray. "Not only was Michael Jackson informed of the financial incentives, he created them." (AP) Bina asked about a doc shown on Friday about conflict of interest. Dr. Green said the document is a guidance for physicians on what to do. Bina asked about the article: "Patients must be informed of financial incentives that could impact the level or type of care they receive." Dr Green said the statement further proves his opinion. "Not only was MJ the patient informed of financial incentive, he created it as well" The expert said MJ requested Dr. Murray and suggested the payment of $۱۵۰,۰۰۰ a month. (ABC۷) Stebbins Bina asked Green about emails he reviewed in the case expressing concerns about Jackson's health and whether they changed his opinions in the case. Green said they didn't, because they didn't indicate AEG was directing Michael Jackson's care. Green said his interpretation of the the emails from AEG executives was that they were showing concern about Jackson's health. (AP) Dr. Green said email Phillips wrote showed they were very concerned about MJ's health, proved his opinion that parties shared same interest. The expert said the fact that Dr. Murray told Ortega to "stay in your lane" proves the doctor was independent. (ABC۷) Dr. Green testified that, as a competent adult, you can't make anyone go see a doctor. Dr. Green said Dr. Klein saw MJ on June ۲۲. He reviewed the medical records. He said Dr. Klein had seen MJ about ۳۰ times between March and June and in no case he mentioned psychological problems. Dr. Green: The emails I reviewed really showed concern on behalf of AEG and I did not see anything AEG was directing the type of care. (ABC۷) Dr Green said he reviewed testimony Murray was off on Sundays. Apr ۱۹ when MJ asked Lee to find a doctor to give him Propofol was Sunday. (ABC۷) Stebbins Bina wrapped up, and Bloss was able to ask a few concluding questions before court adjourned for the day. (AP) Jackson recross In re-cross, Bloss asked if $۱۵۰,۰۰۰ a month is large incentive, is it not? Dr. Green: In general, yes. "That's more than I make at Pepperdine as the team's physician," Dr. Green said. "By a lot." But he pointed out it's not his only job. (ABC۷) Bloss asked whether Green had any information about what Phillips and Murray discussed on their June ۲۰, ۲۰۰۹ phone call. He didn't. Green said he didn't know whether they discussed drug use, medical treatment or any other topics. He only knew what Phillips testified about. (AP) Bloss pointed out that when Dr. Murray told Ortega to "stay in your lane" if Phillips said anything. He said no. (ABC۷) ----------------------------------------- Next witness is Rhoma Young, HR specialist as AEG's expert.

روز گذشته یک آهنگ دو صدایی از مایکل جکسون و جاستین بیبر بر روی اینترنت سر و صدا به پا کرد و با واکنش سریع بنیاد مایکل جکسون مواجه شد. آنها گفتند که آهنگ را تایید نمی‌کنند، دستور حذف این آهنگ را از یوتوب صادر کردند و طی بیانیه‌ای که برای وب سایت‌های مایکل جکسون از جمله ما ایمیل کردند، گفتند: "این آهنگ بدون مجوز است و حذف شده است." آنها در بیانیه‌ای دیگر افزودند: "این آهنگ بدون مجوز است و بنابراین قصد انتشار آن وجود ندارد." هم اکنون کمپانی سونی در تلاش است تا ویدیوهای بسیاری را که با این آهنگ در یوتوب آپلود شده‌اند، پاکسازی نماید. این آهنگ Slave To The Rhythm «برده‌ی ریتم» نام دارد و یکی از منتشر نشده‌های مایکل جکسون است. نسخه‌ی آکاپلای این آهنگ هرگز منتشر نشده است. گفته شده است که مایکل در زمان حیات‌اش این آهنگ را بطور کامل خوانده و تکمیل کرده بود. دمین شیلدز یکی از اعضای خبررسان جامعه‌ی هواداران می‌گوید که رادنی جرکینز، تهیه کننده‌ی آلبوم اینوینسیبل مایکل جکسون، به تازگی در مورد این آهنگ اطلاعات زیر را به وی داده است: "Slave To The Rhythm در سال ۱۹۸۹ برای آلبوم دنجروس ضبط شد. ال‌ای رید (LA Reid)‌ و بیبی فیس (Babyface) تهیه کنندگان آن بودند." پیشتر گمان میشد که این آهنگ یکی از جدامانده‌های دوران اینوینسیبل باشد. مایکل طی ضبط آلبوم اینوینسیبل این آهنگ را برای رادنی پخش کرده بود اما آنها بر روی این آهنگ کار نکردند و در آلبوم اینوینسیبل نیز منتشر نشد. "او یک روز این آهنگ را برای من پخش کرد تا نظرم را بپرسد. از آهنگ خوشم آمد. اما مگر آهنگی از مایکل هست که آن را دوست نداشته باشم؟ تمامی آهنگ‌هایش را دوست دارم." جرکینز نمی‌داند که آهنگ دوصدایی جدید چگونه منتشر شده است. او ربطی با این آهنگ تازه ندارد اما می‌گوید مایکل از آن خوشش نمی‌آمد زیرا: "مایکل اصلا از موسیقی تکنو خوشش نمی‌آمد." Slave To The Rhythm در سال ۲۰۱۰ با صدای مایکل روی اینترنت لو رفت. گفته شده است که نسخه‌ی لو رفته در سال ۲۰۱۰ توسط تریکی استوارت (Tricky Stewart) میکس شده و هنوز تکمیل نشده بود که یک دی‌جی با نام دی‌جی استولن (DJ Stolen) آن را دزدید و با امضای خود در اینترنت منتشر کرد. ادعا شده مایکل در سال ۲۰۰۳ با تریکی استوارت بر روی این آهنگ کار کرده بود و یا دست کم قصد این کار را داشت. آهنگ Slave To The Rhythm محتوایی اجتماعی دارد و به حقوق زنان و خدمات و فداکاری‌های تقدیر نشده‌ی آنان در خانه و اجتماع می‌پردازد. صدای جاستین بیبر به تازگی به این آهنگ اضافه شده است. در واقع بیبر آهنگ مایکل جکسون را به آهنگ خودش با همخوانی مایکل جکسون تبدیل کرده است چرا که ورس‌های خوانده شده توسط مایکل را حذف و صدای خود را جایگزین کرده است و بخش بیشتر آهنگ صدای بیبر است. اطلاع زیادی درباره‌ی چگونگی ضبط و انتشار این آهنگ در دست نیست. برخی می‌گویند بیبر به نسخه‌ی اصلی آهنگ دسترسی داشته و برای نمونه شاید یکی از تهیه کنندگان قدیمی، آن را در اختیار وی قرار داده باشد. برخی باور دارند که بیبر برای رمیکس جدید، از رمیکس تریکی استوارت استفاده کرده است و پس از بدست نیاوردن مجوز بنیاد، اقدام به انتشار غیرقانونی آهنگ کرده است. هواداران بیبر ادعا می‌کنند که بیبر به آنها گفته است که این آهنگ توسط خانواده‌ی جکسون به وی داده شده بود تا بر رویش کار کند ولی باید توجه داشت که خانواده‌ی جکسون مدیریت و اختیار آهنگ‌های مایکل را در دست ندارد. توییت‌های روز گذشته‌ی بیبر نشان می‌دهد که او از انتشار این آهنگ غافلگیر نشده و حتی بسیار شادمان است و به خود می‌بالد. او در واقع ساعاتی پیش از انتشار آهنگ، وعده‌ داد که "اتفاق بزرگی" در راه است. بیبر نوشت: "در مورد چیزی که قرار است بیاید هیجان دارم. ام‌جی استانداردها را وضع کرد، نه تنها در موسیقی بلکه در صحنه‌گردانی و مراوده با هواداران. ایکاش اینجا بود." او سپس از اشتیاق‌اش برای تغییر دنیا گفت، چیزی که در هر سخن مایکل شنیده می‌شد: "همیشه راحت نیست، اما یک موهبت است. ما می‌توانیم دنیا را تغییر بدهیم. من برای چالش آماده‌ام. چیزهای بزرگی در سر راه است. #عظمت. عاشقتان هستم." برخلاف تصور بیبر، این آهنگ موجب خشم هواداران مایکل جکسون شده است. آهنگی که پادشاه ساخت و منتشر نکرد و شاید چه برنامه‌ها که برای آن نداشت، امروز توسط یک خواننده‌ی تازه وارد به شکلی بسیار غیرحرفه‌ای عرضه می‌شود. از صحبت‌های بنیاد و بیبر چنین برداشت می‌شود که بیبر بدون اجازه‌ی بنیاد مبادرت به بازخوانی و رمیکس آهنگ مایکل کرده است در حالیکه مجوز انتشار آهنگ‌های مایکل بطور انحصاری در دست بنیاد او قرار دارد. فردی با نام Max Methods ادعا کرده که تهیه کننده‌ی این آهنگ جدید است و اینکه کار بر روی آن برایش یک افتخار بوده است. می‌توانید این رمیکس تازه‌ی دوصدایی را در اینجا دانلود کنید. آهنگ لو رفته در سال ۲۰۱۰ با صدای مایکل را دانلود کنید. (این آهنگ به شکل گسترده در یوتوب در دسترس است.) eMJey: امیدواریم اگر این آهنگ روزی بطور رسمی به شکل تک‌آهنگ یا در آلبوم منتشر گردد، فقط و فقط صدای پادشاه در آن شنیده شود. این آهنگ توسط مایکل بطور کامل خوانده و تکمیل شده بود. ما براستی لزوم انتشار دوصدایی این آهنگ را درک نمی‌کنیم و آرزو می‌کنیم که هرگز چنین نشود. منبع: eMJey.com / Michael Jackson Estate