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http://www.mjjcommunity.com/forum/threads/129265-Katherine-Jackson-vs-AEG-Live-Daily-Trial-Testimony-Summary/page2?p=3832152#post3832152Jacksons vs AEG - Day 28 – June 12 2013 – SummaryJackson family was not in the courtroom
Randy Phillips TestimonyAEG crossA lot of his early testimony focused on Jackson’s ex-manger, Tohme Tohme. Phillips told jurors how he met with Tohme for two hours at the bar in the Hotel Bel-Air to discuss Jackson’s tour in 2008. That was the first of many meetings over the years between Phillips and Tohme. It led to a later meeting with Jackson.(AP)
Phillips recalled his first meeting in the summer of 2008 with Dr. Tohme in the bar of the Bel Air Hotel. Phillips said his understanding was that Dr. Tohme went over expenses and signed the checks for Michael. Meeting lasted 2 hours. Dr. Tohme described Michael's circumstances, his life, career, where he was living, finances. They mostly talked about restarting his career. (ABC7)
Phillips said the idea came off proposal from Raymone Bain, that the best starting point would be in London. Phillips explained a residency tour was easier than full blown tour, living out of hotels. Michael had not toured in so long. "We thought it would be a great city for people to come from around the wowrld to see him," Phillips testified. (ABC7)
Phillips said Dr. Tohme thought it was important to explain why Mr. Jackson wanted to go back to work. Michael explained one of the biggest motivations was that he wanted to earn enough money to buy a house for his family. Dr. Tohme spoke with an accent, came from another country, Phillips explained.
Putnam: Did it seem that MJ was ready to go back on tour?
Phillips: Only from what Dr. Tohme told me. The meeting was very positive. (ABC7)
Phillips then asked for a meeting with the artist. Had a meeting at MJ's suite in Bel Air near street near Bellagio. Phillips said he believed that was the 2nd meeting. The 1st meeting was a parlor above his suite. "That was more about the dates and how we would put them on sale, who he wanted to work with," Phillips explained. "I was told by Dr. Tohme that MJ was living in LV. He stayed at Bel Air when in LA." (ABC7)
"When we relocated to London, we would make it a larger than life event," Phillips testified. "When we built the 02 just Timberlake did 6 night, Beyonce did 8 nights," Phillips explained. "In London, people love to go out." Population changes too because there are a lot of visitors from other countries, Phillips said. The Arena was built for entertainment, music. Phillips said MJ was an ideal candidate, probably an ideal place for the come back. Michael was very receptive, since he liked London. "He had friends there, just felt comfortable there," Phillips told the jury. He loved that idea which made everything else that much better. (ABC7)
That shorter meeting with Jackson discussed a London residency. Phillips said that was preferable because MJ hadn’t toured in a long time. Phillips said he didn’t think Jackson had his “touring legs” and it would be easier on him, his kids, to stay in one place. Phillips said Jackson was sharp in the planning meetings, and said he wanted to work with Kenny Ortega and choreographer Travis Payne. Phillips said he hadn’t worked with either Ortega or Payne before, but he knew of them. Phillips on Jackson: “He loved the idea of London. He knew a lot of people there.” Former actor Mark Lester’s name came up a lot today. Phillips said the planning meeting with Jackson was the first time he felt the singer was ready to tour. All they talked about was music. (AP)
In Oct 2008, Phillips said he felt MJ was ready to go. "He was dressed well, his eyes were clear, he is very sophisticated 50 year old man". Phillips: I don't believe anything I read in the press, especially the English press. I take a lot of those stories with a grain of salt. "He is a very smart, articulate young man who had control of his life," Phillis testified. Phillips talked about not noting anything atypical in meetings. He was not concerned about MJ's health, physical condition or drug problem. (ABC7)
At this point, Phillips started to discuss the ways he felt the portrayal of Jackson had been skewed during the trial. Phillips: “We seem to be talking about Michael like he’s the 5-year-old lead singer of the Jackson 5.” (AP)
Phillips said he knew Michael Jackson as a sophisticated, forceful businessman and not the drugged-up performer who's been described throughout an ongoing civil trial filed over the singer's untimely death. Jackson was a far more complex figure than has been portrayed during the trial , said Randy Philips. (AP)
Phillips said based on meetings he had with Jackson in 2008 and early 2009, he found Jackson to be a "sophisticated man who had control of his life." (AP)
The portrait of Jackson that's been presented to the jury during the seven-week trial has been inaccurate, Phillips said. Jackson was described by both sides in opening statements as struggling with prescription drug addiction throughout his life. (AP)
Phillips said he disagreed with the descriptions of Jackson "because he's been presented as drug-addled 5-year-old. That was not the man I dealt with. The man I dealt with was forceful. Kind, but determined. He was a force." (AP)
Phillips disputed various portrayals of Jackson, describing the singer as someone actively engaged in his comeback who knew “who he wanted to work with and how he wanted to do it.” “We seem to be talking about Michael like he’s the 5-year-old singer in the Jackson Five and he wasn’t,” Phillips said. “He was a sophisticated, very smart, articulate, 50-year-old man who had control of his life.” “He’s been presented as a drug-addled 5-year-old and that’s not the man I dealt with,” he said. “The man I dealt with was forceful, kind -- but determined. And a force. He was a force.” (LAtimes)
There were several meetings at the Hotel Bel-Air, and then other meetings at the mansion of a friend, and eventually MJ’s rented mansion. Defense attorney Marvin Putnam asked Phillips whether he was concerned about Jackson’s health, saw signs of drug abuse. “No,” he responded. (AP)
MJ moved from LV to home in December 08 or January 09. He was bone-weary from traveling, Phillips recalled. MJ said he was tired of living like Vagabonds, wanted the kids to have a permanent place to live, a sense of community, Phillips testified. The exec said the meeting got emotional. "He teared up he said he wanted a residence for his family that they could call their own." "That was the primary reason he wanted to go back work," Phillips said. Phillips testified MJ wanted to tour one more time since he was young enough to do it and the kids were old enough to appreciate it. "I felt incredibly bad that this incredible star was trying to earn enough money to buy a house," Phillips recalled. "I cried also." (ABC7)
Phillips said at one of the meetings, Jackson told him one reason he wanted to perform again. “He wanted his own house,” he said. Phillips said at that point, Jackson was staying with rich friends. He said he and Jackson both cried during the meeting. Phillips: “He wanted his kids to have a permanent place to live and a sense of community. “I felt incredibly bad that this incredible star was at this point where he couldn’t buy a house,” Phillips said. This meeting was on Halloween. After the meeting, Jackson took the kids to a party at Liz Taylor’s house, Phillips said. (AP)
Randy Phillips described an emotional Halloween meeting with the pop star at a Bel Air hotel, with Jackson's three children running in and out of the room. It was the “first time Michael really told me why he wanted to go back to work,” Phillips told the court during questioning from AEG attorney Marvin Putnam. “He described his life with the kids,” Phillips said. “He said they were living like vagabonds.” On the stand Wednesday, Phillips said it was his understanding Jackson and his children — Prince, Paris and Blanket — were primarily living in Las Vegas at the time, but stayed in the Bel Air hotel when they came to Los Angeles. Phillips thought the family would also stay in homes belonging to Jackson’s friends. “He actually broke down and I broke down -- we both broke down,” Phillips said.
“He got emotional. He teared up about his family and having a good life with them and a place to live and a residence they could call their own.” (LATimes)
Putnam: Any concern about his mental well being?
Phillips: No, he was just emotional. (ABC7)
When asked whether he was concerned by the fact that Jackson was crying, Phillips said there was nothing “abnormal” about the reaction given the topic. “I felt incredibly bad that this incredible star was at the point where he just couldn’t buy a house with all this money he made,” he testified. “It just didn’t make sense.” (LATimes)
Phillips said he tried to talk MJ out of purchasing a $93 million house in Beverly Hills. (ABC7) Phillips said he went to a Bel Air home the next day that Jackson was interested in buying. He described the house as “gigantic,” a 40,000-square-foot property with a $93-million price tag. Phillips said he thought the house was too much — he testified he told the singer “you’ll put every dime you make into this house” and “it made no sense whatsoever.” (LATimes)
Phillips discussed a $5 million advance payment to Jackson. $3 million was to settle a lawsuit, the rest for living expenses. (AP) AEG advanced $3 million to Jackso to settle a lawsuit. "He could not enter contract with us until he settled with Bahrain," Phillips said (ABC7)
Phillips said Dr. Tohme was the one who secured the Carolwood home, not AEG. (ABC7)
Phillips told the jury that Jackson came up with the name “This Is It” for the tour. Said the singer liked its double meaning. He said Jackson saw it as his final tour, but also a play on the notion that his shows would be the only place to be at that moment. (AP)
The tour agreement was signed in the living room of Carolwood house. There was no press because wanted maximum impact at the news conference. After contract was signed, they popped a champagne to celebrate. Michael read the entire contract, Phillips said, asked questions. MJ wanted to make sure of AEG's commitment about the movie in the contract, Phillips recalled. Also MJ wanted to know how many shows. "It was 31" Phillips said. "He came up with the number." Prince had done 21 shows. "MJ and Prince were incredibly competitive, he wanted to do enough shows that Prince could not catch up with him". Putnam: Was Mr. Jackson excited?
Phillips: Yes, he hugged me. (ABC7)
Phillips said he too was excited. Phillips: MJ was one of the biggest stars in the world, the idea of him getting on the stage again was one of the biggest parts of my career. Phillips said MJ held the glass of champagne but I didn't think he drank it. "Meeting ended with a toast and everybody high-fiving." (ABC7)
“Michael and Prince were incredibly competitive, and he wanted to beat Prince’s record by enough that Prince could never beat it again,” Phillips said. After Phillips and Jackson signed the paper, the two embraced and the group celebrated with champagne, the executive testified. “Were you excited?” Putnam asked. “Incredibly,” Phillips said.
“Why?” “Because he’s one of the biggest stars of the world, if not the biggest star in the world,” Phillips said. “And the idea of helping him come back, you know, and helping him get on the stage again -- one of the greatest parts of my career.” (LATimes)
Phillips explained it would be better to have press conference since MJ had been gone so long and there were credibility issues w/ consumers. One of the hardest things is creating demand for tickets, Phillips said, since it is an expensive proposition. "When your consumer isn't sure and they have a limited amount of income, they hesitate; and our aim was to eliminate that hesitation." But Phillips said in his gut he knew that people wanted to see him perform again. (ABC7)
The testimony then switched to the preparations for the London press conference announcing "This Is It" in March 2009. By that point, Jackson and Tohme had a falling out. Phillips said the pair weren’t speaking to each other because of a planned auction. Phillips said he wasn’t sure the press conference would happen until Jackson stepped onto a private plane and actually got to London. Phillips said AEG executive Paul Gongaware always thought Jackson would perform, but Phillips said he didn’t agree. Phillips said if Jackson hadn't done the press conference, it wouldn't have really hurt AEG Live. They hadn't spent much yet, he said. He said if they canceled the shows, this point would have been when AEG “had the least amount of risk and the greatest amount of collateral” (AP)
Phillips said there was a breakdown with Dr. Tohme about an auction that Dr. Tohme had set up involving memorabilia. Phillips: I was concerned because Dr. Tohme lost contact and he was our only way to directly connect to MJ. "At this point in time I was flying blind because I didn't know what was happening in Michael's camp" Phillips explained. "Paul always thought it was going to happen," Phillips said. "I was never as sanguine as him." Phillips said he had one experience with MJ that was helping secure the LA Gear deal, a disaster for LA Gear, but great for Mr. Jackson. In late Feb 09, if Jackson decided 'I can't do this' or 'I can't go forward, don't want to' it would not have hurt AEG Live, Phillips said. Phillips said at that point they only had put out $5 mil advance. (ABC7)
Phillips was again asked if he thought Jackson was abusing prescription drugs, or had concerns about his health. He said no. (AP)
Putnam: Did Dr. Tohme get on plane to UK with MJ?
Phillips: Yes
Putnam: Did press conference happen as scheduled??
Phillips: Chuckles ... it was on the same day. (ABC7)
The executive then testified about the March 5, 2009 press conference, which he described as “The Miracle of March 5.” Phillips sent a series of emails that day stating that he screamed at Jackson and that the singer was a “mess.” Phillips told the jury he sent those emails while he was pacing up and down the hallway outside Jackson’s hotel room.(AP)
Phillips described the drama behind the scenes before the press conference. He said he wasn't sure that they were going to get on plane. Phillips was in Miami covering the opening of Britney Spears' a Circus tour. "It was one of the top 5 tours of the year," Phillips responded. "I am the CEO of the company it would remiss of me not to be there," Phillips explained. Phillips arrived in London on March 5. He traveled with David Loeffler, since they were also producing the Lionel Ritchie tour. Phillips said he was in the room for about 20 minutes watching TV and Dr. Tohme went to MJ's suite. Phillips said he wanted to get to the arena early because of London traffic. (ABC7) The singer was late to the conference, and Phillips said he knew that in London traffic, they were going to be very late. (AP) "I assume Dr. Tohme would help get MJ ready," Phillips recalled. Phillips said Dr. Tohme exhibited no concerns about getting MJ ready on time. Dr. Tohme was gone for what it seemed like an eternity, Phillips said. "Don't worry, he just needs a little more time," Phillips said Tohme told him. "I started to freak out." "I am completely freaking out," Phillips said. "I was in the hallway pacing back and forth." Tohme told Phillips: "We have a little issue. Michael got drunk, I think he said he was trying to sober him up, but he was going to be late". Phillips said he became even more anxious. He was receiving emails and phone calls from people at the O2 arena. (ABC7)
Phillips to Leiweke
MJ is locked in his room drunk and despondent. Tohme and I are trying to sober him up & get him to the press conference (ABC7)
"It didn't make me less freaked out; I needed to pass on what was happening to Leiweke" Phillips said. Leiweke responded: are you kidding me? (ABC7)
The executive said before he yelled at Jackson, Tohme had told him that the singer was drunk and they were sobering him up. Phillips at this point wasn’t allowed in Jackson’s hotel room. All the info about MJ was coming to him through Tohme. “I was starting to freak out,” Phillips said after Tohme had come and gone a couple times and he hadn't seen Jackson. Phillips said after a while, he told Jackson’s bodyguard Alberto Alvarez he had to get into Jackson’s room. “To me, at the time, it was a crisis,” Phillips said. “Time was ticking away. I was sweating bullets.” (AP)
Phillips said he told MJ's bodyguard, Alberto Alvarez, that it was a crisis situation and needed to get into the room. "Time was slipping away, I was sweating bullets. For me at the time it felt like a crisis," Phillips remembered. Phillips said he received 25 phone calls in 5 minutes. Phillips entered MJ's room. "He had a robe on, and his pants. I remember seeing an empty bottle of booze at the couch, maybe vodka or gin," Phillips recalled. "To me, he looked hungover," Phillips testified. (ABC7) Phillips said when he got into the room, the singer was sitting on a couch. There was a bottle of clear liquid that may have been vodka He said Jackson appeared hung over.(AP) Phillips: I said Michael, are you ok? That's when he said to me that he was really concerned no one was going to be there. (ABC7) He said Jackson appeared hung over. He said Jackson told him he was worried that people didn’t care about him anymore. Phillips said he explained that 3,000 fans were waiting for him, and then Jackson went and got ready. (AP) Phillips said he told MJ things were quite differently, there were 3,000 adoring fans waiting for him and all top news organizations. Dr. Tohme talked about hiring or renting a crowd, we didn't do that, we just had to leak that MJ was coming and fans got the word. MJ got up, Phillips said, and went to the bathroom with Dr. Tohme and makeup artist. The children were watching TV in another room. Phillips: MJ had black slacks on and boots, white V-neck shirt. Someone was holding 3 different shirts, one black, one blue and one red. "They were asking me what he should wear, I suggested black since the background was red," Phillips recalled. Phillips described how MJ wanted to wear a sequin armband but didn't have a way to attach it to his arm. Phillips said he got angry. Phillips: I admit to being a drama queen. MJ wouldn't leave unless he had sequined armband on. At that point it was more than I could take. "I raised my voice and said guys, that's enough!" Phillips recalled. (ABC7)
Phillips said he was being a drama queen when he wrote his boss that he screamed at Jackson so loud “the walls are shaking.” Phillips told the jury that he created tension in the room, but that he did yell at the singer over a wardrobe issue. Jackson wanted to wear an armband and couldn’t get it on. It was eating up a lot of time, and Phillips says he yelled at them to get going. The email, Phillips said today, “wasn’t the full reflection” of events leading up to getting Jackson to the press conference. He said it wasn’t the scariest thing he’d ever seen, which he also written to his boss. (AP)
On the van on the way to the press conference, Phillips said he tried to lighten the mood. Mark Lester, Jackson’s friend, was also there. (AP) In the van ride, news helicopters were following and press could see he was coming, Phillips remembered. (ABC7) Phillips said helicopters were following Jackson’s van, which is the only reason that reporters and fans stayed. (AP) "He was chagrined, he knew that what he had done wasn't the coolest things," Phillips recalled. The mood in the van changed, Phillips said. Michael was quite funny. He told Phillips the exec had lost a lot of weight. Phillips responded to MJ that he too would've lost weight if he were pacing in front of the hotel room like he was. Everyone laughed hard. (ABC7)
At the arena, Phillips said he jogged behind Jackson’s golf cart and wrote the short remarks the singer said that day. Before the lunch break, defense attorney Marvin Putnam played a clip showing the press conference from the special features on “This Is It.” (AP)
Phillips said MJ was to write his own remarks the night before the press conference, but didn't do it. Phillips wrote a few lines for him. "He started a little hunched over," Phillips said of MJ in the news conference. "When he went through that curtain, there was MJ." Putnam showed a clip of the press conference, where fans we're screaming and MJ was saying "this is it." "He was so nervous and really concerned about how people would have reacting to him," Phillips said. "He became MJ again, they were telling him they still loved him. It underscored that he was a human being," Phillips opined. "I thought it came out fine," Phillips said about the press conference. They announced 10 shows initially. "I was ecstatic. He was elated," Phillips said. "Because his worse fears and trepidations, they didn't happen." (ABC7) Phillips: “I thought it came out fine.” He said Jackson was elated with the fan turnout and result of the event. (AP)
[Phillips had doubts Jackson would show up for the London announcement because he couldn't reach him a week before the scheduled date. The singer was not returning his manager's calls because he was upset that Tohme Tohme had planned to auction off some of his belongings. Phillips couldn't call Jackson directly -- only through Tohme, he said.
"I was flying blind," Phillips testified. "I didn't know what was happening in Michael's camp."
Phillips was starting to worry about Jackson breaking his contract with AEG Live for his "This Is It" concerts. "If there ever was a time to stop the process," it was then in late February, he testified. "That's when we had the least amount of risk and the greatest amount of collateral." But Phillips decided to press ahead, even if Jackson failed to get on the private jet for London. Jackson arrived with his children, Tohme, a bodyguard, and a nanny who also did his hair and makeup on March 4, 2009. Phillips, who had to stop in Miami for the launch of Britney Spear's "Circus" tour, landed in London on March 5, just hours before the press event was set to begin. Phillips went to the Lanesborough Hotel, where Jackson and Tohme had adjacent suites on the first floor. He sat on Tohme's couch watching CNN while the manager checked on Jackson, he testified. "I was starting to freak out," after a while, he said. Getting from the hotel to the O2 Arena on the east end of London could take 90 minutes since "traffic is mind-boggling," he said. After more waiting, "I am completely freaking out," Phillips said. "I was in the hallway pacing back and forth." "We have a little issue," Tohme eventually told him, he testified. "Michael got drunk." Tohme returned to Jackson's suite, leaving an anxious Phillips in the hotel hallway, he said. "I had an earpiece in my ear, Blackberry in my hand, and I was typing e-mails at the same time I was talking and receiving e-mails from a lot of very concerned people at the O2," Phillips testified.
One of those e-mails was to his boss -- parent company AEG CEO Tim Leiweke:
"MJ is locked in his room drunk and despondent. Tohme and I are trying to sober him up and get him to the press conference with his hairdresser/makeup artist."
Leiweke responded: "Are you kidding me?"
There were 3,000 fans and 350 news organizations waiting at the O2 for Jackson. "Time was ticking away," he testified. "I was sweating bullets."
Phillips eventually talked his way past bodyguard Alberto Alvarez and into Jackson's room, where he saw an empty liquor bottle on the floor by his couch.
Jackson, wearing a robe and pants, "looked hung over," Phillips testified.
"I said 'Michael, are you OK?'" he said. "He said to me that he was really concerned that there wouldn't be anyone there and maybe this would be a bust."
"Trust me, Michael," Phillips said he told him. "You're quite wrong. You have over 3,000 adoring fans, many who have camped out over night."
Phillips helped Jackson pick out the black shirt he wore to the event. But he reached his breaking point when Jackson could not get his armband fastened to his sleeve. After 10 minutes, the hotel engineer was called to help, he said.
"It was more than I could take," Phillips testified.
Phillip's next e-mail to his boss suggested his tone with Jackson was anything but soothing:
"I screamed at him so loud the walls are shaking," Phillips said in another e-mail to Leiweke. "Tohme and I have dressed him and they are finishing his hair. Then we are rushing to the O2. This is the scariest thing I have ever seen. He's an emotionally paralyzed mess, filled with self-loathing and doubt now that it is show time. He is scared to death. Right now I just want to get through this press conference."
Phillips vented his frustration with more than words.
"I just slapped him and screamed at him louder that I did with Arthur Cassell," he wrote to the person waiting outside the hotel with a Ford Expedition SUV and bus to take Jackson's entourage to the O2.
Cassell is someone he once screamed at over a booking issue with Lionel Richie, he said in court.
"I slapped him on the butt," like a football coach would with a player, he testified.
Phillips now takes the blame for letting the situation with Jackson get out of control.
"I admit to being a bit of a drama queen," Phillips testified. "I was so nervous, I created so much tension in the room, you could cut the tension with a knife."
When they finally began the ride to the O2, Phillips "went into jester mode to try to lighten up the whole thing," he testified. It became "a very funny ride" with Jackson joking. "He was actually quite funny in the van."
"He kept saying to me 'You look great, you've lost a lot of weight,'" although he was "his heaviest ever," Phillips said, "After the 10th time, I said 'Michael, you would have lost weight if you were pacing in the hotel waiting for you to leave.'"
The thousands of fans at the O2 and millions more around the world watched live video from helicopters following Jackson's convoy making its way to the O2.
"That was a godsend," because it created drama that added to the interest in the announcement, Phillips testified. "In an odd way, it created more anticipation and made it a bigger event as people doubted whether or not it was going to happen."
Once at the O2, Phillips realized Jackson had not written a script. What Jackson read off the teleprompter was written by Phillips as he followed Jackson to the podium.
"This is it. This is really it. This is the final curtain call. OK, I'll see you in July."
As Jackson walked up the steps to the stage, embraced by the shouts of love from thousands of fans, his evolution was complete. Phillips likened the change to the "chart of homo sapiens."
"He start a little hunched over and when he went through that curtain, there was Michael Jackson," Phillips said.
Jackson "was elated" with the reception and immediately flew back to the United States to begin preparations for his comeback concerts set to start four months later, he said. (CNN)]
He said the next day, Jackson, his kids and Mark Lester went to a stage performance of Oliver Twist. Lester starred in a Twist film version. (AP) They stayed in London to watch Oliver Twist. Phillips got MJ and his kids the best seats in the house."When we arrived at the theater, it was kind of pandemonium. When MJ walked in he received standing ovation," Phillips recalled. Phillips said they had to have police on the way out due to the thousands of people in the streets. (ABC7) He said Jackson received a standing ovation at the Oliver Twist show. There was a huge crowd outside too, Phillips said. (AP)
Phillips said after the problems with the press conference, he didn’t have concerns about Jackson’s psychological well-being. He said overall, he had at least 20 meetings with Jackson and other than the one after Arnold Klein visit, he wasn’t concerned. (AP) Phillips was not concerned with MJ's physically. He said he was concerned the day before when MJ drank prior to the presser. Phillips: This wouldn't be the first time I'd dealt with an artist who had drank a little too much. (ABC7)
Per the contract, they had agreed upon 31 shows. The pre-registration kind of gave them first look of how the show would sell, Philips said. Paul Gongaware called him, Phillips said, alerting him that the shows were going to be sold out and needed to add more shows. (ABC7) Phillips then testified about AEG exec Paul Gongaware calling him, urging him to add more “This Is It” shows. (AP) "Dude, we're going to sell out ridiculous amount of tickets," Gongaware told Phillips. Phillips called Dr. Tohme asking to add more shows, MJ agreed to 50 with two conditions. He wanted house out in countryside. House needed at least 16 acres, rolling streams, horseback riders and wanted a guest house for the writers to work on Thriller 3D. "He didn't want to be trapped in a hotel in London with the kids," Phillips said. After the 50th show, MJ also wanted the world record to document his record, since he knew no one had done 50 shows, Phillips explained. (ABC7) Phillips said Michael Jackson never expressed reservations about performing 50 shows at London’s O2 Arena. (AP)
Putnam showed a frame of the video showing Phillips and MJ in the golf cart going to the presser. (ABC7) Defense attorney Marvin Putnam then showed a frame from “This Is It” to show jury an image of Tohme. Tohme was in golf cart with Jackson. So too was Phillips, who testified before lunch he was running behind the cart. Phillips was in the front seat, in front of Jackson. Phillips: “My memory was faulty,” he said of the golf cart incident. (AP)
Phillips said they had a meeting with Bravado regarding merchandising and were going to open a store at the arena to sell MJ's merch.(ABC7)
Putnam asked Phillips about his meetings at Jackson’s rented mansion on Carrolwood Drive. Phillips said he was never allowed upstairs into Jackson’s bedroom. He only left the first floor once, he said. He said he went to an underground room and watched a screening of a film Jackson was working on. (AP) Most meeting happened at MJ's house in Carolwood, some were at Center Staging, Phillips recalled. Phillips said he had one meeting at Carolwood he went downstairs to the movie room when Michael showed him the movie Ghost he was working on. The exec went to the powder room and kitchen, but never went to the upstairs level of the house. (ABC7)
Putnam again asked Phillips whether Jackson showed any signs of being under the influence of prescription drugs. The executive said no. (AP) Phillips said he never saw MJ drink, under the influence, using prescription drugs, inebriated, hungover, slur speech during the TII period
Did you at anytime have any reason to believe that MJ couldn't perform at the O2 arena?
Phillips: No (ABC7)
He said that when he heard about Murray, he’d been told that Frank Dileo (MJ manager) and Paul Gongaware tried to talk Jackson out of bringing Conrad Murray to London. He said they and tour accountant Tim Woolley wanted Phillips to talk him out of it. Phillips said he called Jackson and it was “probably the most tense one-on-one phone call” he had with the singer. He said he tried to get Jackson to considering hiring a London-based doctor. Phillips said Jackson refused. Phillips: “It’s Michael. When he wants something, he wants something.” The executive said it was his understanding that AEG never paid Murray any money. He said he thought Jackson paid Murray some money. (AP)
Phillips learned MJ wanted to bring his own doctor on tour. This was right at the beginning of rehearsals at the a Forum. Phillips expressed he was concerned not about the doctor, but the cost it would be to bring the physician on tour. This was the time where Dr. Tohme was no longer in MJ's life, Frank DiLeo was back in the game, Phillips explained. "It was probably kind of the most tense, one on one, phone call," Phillips testified. The exec said he told MJ that London had great doctors. "Would you consider that we hire a doctor, that you hire a doctor, in London for this tour?" Phillips said. Phillips said MJ told him his body is the machine and the engine of the machine drives this entire venture and needs a physician 24/7. Phillips: It's Michael, when he wanted something, he wanted something, if he wanted his own doctor, I was in no position to tell him no. (ABC7)
"Tour was sold, there was no question if tickets were going to go," Phillips said, "I just wanted to keep the most money in his pocket." Phillips said AEG Live was advancing money to pay Dr. Murray, but they would recoup it 100%. He said it was MJ's money. "I thought I was going to be able to reason with him, but he insisted to have his own physician," Phillips said. Phillips said he didn't think it was red flag because it was MJ. "Because it was MJ's decision, MJ's money. I took my shot," Phillips said. After this, Phillips never again discussed Dr. Murray going to London with MJ. Phillips never had any discussions about an independent contract agreement for Dr. Murray. Phillips said Dr. Murray was going to be paid $150,000 a month plus expenses. "I thought it was high, but not crazy," Phillips said. Phillips said he never hired Dr. Murray and no one ever told him the deal was finalized.(ABC7)
Phillips said he was aware that Murray had sought $5 million to work with Jackson. He said he thought that meant Murray was successful. Phillips also said the high figure didn’t alarm him or make him think that Murray was unethical. Phillips said the $150k a month Murray agreed to receive seemed high, but “not crazy high.” He said it didn’t cause him pause or concern. (AP)
Defense attorney Marvin Putnam then wanted to show Phillips a clip of the executive’s interview with Sky News. The full clip was 10 mins. This prompted a long sidebar and when the attorneys emerged, a longer clip of Phillips’ interview. It wasn’t 10 mins. It also wasn’t the 10 second clip played by plaintiffs earlier during Phillips’ testimony (AP)
Putnam showed the video of the Sky News interview. Jackson's attorneys objected, they went to Judge's chamber to talk. In the interview, Phillips explained that Dr. Murray was MJ's personal physician and MJ wanted him on tour. (ABC7) . In the video, Phillips said Jackson wanted Murray. Phillips also said in the July 1, 2009, interview that he tried to talk Jackson out of hiring Murray, but said it was Jackson’s decision. (AP)
Putnam: Did you hire Dr. Murray?
Phillips: No
Phillips said AEG never paid Murray.(ABC7) Under questioning by Putnam, Phillips again said AEG Live didn’t hire Murray or give him any money (AP)
AEG Live CEO Phillips then recounted the first time he met Conrad Murray, during a meeting at Jackson’s rented mansion. (AP) Putnam talked about a meeting at Carolwood with MJ, Dr. Murray, Gongaware, DiLeo, Ortega in May. "I was concerned about Michael's weight, personally. I believe Kenny wanted him to show up at rehearsals more often," Phillips recalled.
Putnam: Was this an emergency meeting?
Phillips: No (ABC7)
Phillips said he wasn’t concerned at this point about possible drug misuse or alcohol abuse by Jackson. Phillips said he was concerned about Jackson’s weight. Kenny Ortega was concerned about getting MJ to rehearsals at this meeting. (AP) Putnam asked if this was an intervention. Phillips said no, he used this term as idea for all to get together, but not related to drugs. Dr. Murray was there because he was Michael's physician, Phillips said. The exec talked to Dr Murray about MJ losing weight, his only agenda. "Michael said that he always had problem keeping his weight," Phillips recalled. "When he performed he lost 2-4 pounds, needed Dr. Murray". "He had a high metabolism, he burned calories very quickly," Phillips said. Dr. Murray told Phillips MJ was working out with Lou Ferrigno. The doctor didn't tell Phillips he was going to the house every night and that he was giving him Propofol. Phillips said he never had conversation with Dr Murray about drug abuse of treatment of MJ. "It was a very positive meeting," Phillips said (ABC7)
He said there was no concern at this point that Jackson couldn’t perform all 50 shows. He said it wasn’t an “intervention”. Jackson told participants at the meeting that he had always had difficulty maintaining his weight, and lost 2 to 3 lbs during performances. Phillips said he didn’t think that discussions about Jackson’s weight violated any patient-doctor confidentiality. The executive said that he hadn’t heard of propofol before Jackson’s death, and it wasn’t mentioned in the meeting. (AP)
They discussed Phillips’ business card found in Murray’s card. Phillips said he often writes his cell number on card, it wasn’t unusual. (AP) Phillips said he carry his business cards at all times and it's not abnormal for him to write his cell phone on the back of it.
Putnam: Do you think the fact Dr. Murray had your business card you hired him?
Phillips: No (ABC7)
The second time Phillips said he met Conrad Murray was at a rehearsal at the Forum. It was a quick salutation, he said. The third time Phillips said he met Conrad Murray was on June 20th, after the ‘trouble at the Front’ email. (AP)
On June 19, MJ went to rehearsal but was sent home sick. The only concern Phillips said he had was with MJ's weight. (ABC7)
Phillips was asked a series of questions about those emails. He said before receiving them, he wasn’t concerned about Jackson’s health. He only exception was during a production meeting after Jackson visited his dermatologist, Dr. Arnold Klein. He said Jackson wasn’t engaged in the meeting and was staring straight ahead, into the dining room. Before court recessed for the day, Phillips said the 'trouble at the Front' emails were "alarming to him." (AP).
Phillips: There was a production meeting at Carolwood house, I noticed that Michael was sitting at the couch and starring at the dining room. "He wasn't engaged," Phillips said. "I asked Michael Amir Williams what was going on, and he said he had seen Dr. Klein.". Phillips didn't think he was abusing prescription drugs at this point. Dr. Murray was not in this meeting. (ABC7)
Phillips recalled receiving a chain of emails on June 19, Trouble at the Front. The meeting Tim Leiweke requested didn't take place because if it was superseded by the June 20th meeting, Phillips explained. Phillips talked about the chemical imbalance that happened with Britney Spears and that she was treated for that during one of her tours. Phillips said he's not 100% sure what he meant when he wrote the problems with MJ could be chemical or physiological. (ABC7)
