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Jackson v AEGLive June 5

th

2013 continued testimony of Brandon "Randy" Phillips

Judge: ok. Before we get started, I just want to read you jury instruction. "During the trial

you have received and will receive deposition testimony that was and will be read from a

deposition transcript. "a deposition is the testimony of a person taken before trial. At a

deposition, the person is sworn to tell the truth and is questioned by the attorneys. You

must consider the deposition testimony that was presented to you in the same way as you

consider testimony given in court." ok. You're ready to begin?

US TO CONTINUE THIS EFFORT FOR MICHAEL! <<CLICK Mr. Panish: thank you, your honor. Randy Phillips,

Mr. Panish: thank you, your honor.

Randy Phillips, recalled as a witness by the plaintiffs pursuant to evidence code section 776,

was previously sworn and testified as follows:

Direct examination (resumed)

By Mr. Panish:

Q. Before Michael Jackson died, you never reviewed his contract with AEG correct?

A. Before Michael Jackson died? I did review the contract when I signed it before I signed it.

Q. Ok. I'd like to play the deposition, page 122, lines 3 to 8. And before I do

That you remember that you were under oath when you gave your deposition; right, sir?

A.

Absolutely.

Q.

You swore to tell the truth?

A.

Yes, I did.

Q.

Your deposition was a month after Mr. Gongaware; correct?

A.

I'm not sure when.

Q.

Ok. Mr. Gongaware had been questioned about e-mails in his deposition; correct?

A.

I'm sure.

Q.

But you were not shown any of those e-mails; right?

A.

When Mr. Gongaware was questioned?

Q.

Yes.

A.

No.

Q.

And then after your deposition, you read it?

A.

I read what?

Q.

Your deposition.

A.

My deposition? Yes.

Q.

And you had you were told that if you made any changes or testified differently, that your

deposition could be played or read to the jury?

A.

Correct.

Q.

And you knew that that could affect your credibility as a witness?

A.

Correct.

Q.

And you also read it and made another declaration under oath under penalty of perjury that

everything was true and correct, and you had an opportunity to change anything you wanted;

correct?

A.

Correct.

Q.

And so that's the second time you affirmed your testimony being true and correct. And that

was when, sir, that you did that?

A.

The date?

Q.

Well, let's say the month.

A.

Ok. It was probably within two weeks after you took my deposition.

Q.

Ok. Well

A.

Or three weeks.

Q.

let's see if I can refresh your recollection. Just going to show him the correction sheet. Ok.

First I'm going to go to the last page is that your signature?

A.

Yes.

Q.

Ok. And this is the date of the letter that sent your changes, and I assumed you reviewed all

these

A.

Correct.

Q.

to make sure they were correctly signed by Mr.

Judge: are we examining him? If we are on that, as opposed to refreshing recollection, we

should identify the document.

Mr. Panish: fair enough. Exhibit 713.

Mr. Phillips: the cover letter is March 4th. I signed it on February 28th.

Q.

Right. But you reviewed it before it was sent, didn't you?

A.

Of course.

Q.

And you affirmed under oath that you made a few changes. Not too many; right?

A.

Right. Very few. Mostly typos.

Q.

Right. Nothing substantive, did you?

A.

Just one line.

Q. Ok. So let's play your deposition, sir.

Mr. Panish: and by the way, the deposition was taken on January 17th, 20

Ms. Stebbins: I'm just going to briefly object, your honor. This exhibit 713 is one of those

exhibits that has not been previously identified, and plaintiffs did not identify it. Again, I

don't have an issue

Mr. Panish: it's attached to the deposition of the changes. I wasn't planning on using it until

he didn't remember what he did.

Judge: ok. Overruled.

Q.

Ok. Now, your deposition was taken on January 17th, 2013; correct?

A.

Correct.

Q.

And then you signed under penalty of perjury on February 28th; correct?

A.

Correct.

Q.

So about six weeks later; right?

A.

Correct.

Mr. Panish: ok. Let's play the deposition.

(a video clip was played with the following testimony being said:)

Q.

"did you read the Jackson / AEG

live contract in January of 2009?

A.

"no.

Q.

"never read that one?

A.

"no. I read a summary of it, but I didn't read the whole contract."

Q.

Who prepared the summary you reviewed; sir?

A.

Would have been Kathy Jorrie.

Q.

Ok. When was that comprised for you, sir?

A.

Prior to execution.

Q.

Ok. So she where is the summary?

A.

Where is the summary?

Q.

Yeah.

A.

Probably in my files. I don't know.

Q.

Well, did you review it to refresh your recollection to testify?

A.

No.

Q.

Now, sir, you would agree that it was tom barrack from colony capital, is the real reason you

had Michael Jackson ; correct?

A.

No.

Q.

Ok. Exhibit 8111. June 22nd, 2009, e-mail. Show that to defense. We have to give them a

copy first. You can look at that if you like. Would you like a copy also, sir?

A.

Yes, please.

Q.

Be happy to.

A.

Thank you.

Q.

You can read it in the meantime, if you can. Is that big enough for you?

A.

Ok.

Q.

Ok. But you'll get a copy, so just to kind of speed it up. Ok. I'm handing you exhibit 8111, an

e-mail chain. The top e-mail, June 22nd, 2009 see that before, sir?

A.

Would you let me read it, please?

Q.

Sure.

A.

Ok. Yes.

Q.

Ok. Well, let's look at the second from the top e-mail. Is that an e-mail that you wrote; sir?

A.

That is correct.

Q.

Ok. Can you read for us first of all, you agree that Mr. Anschutz is a close friend of tom

barrack; right?

A. Yeah. You asked me that already. I don't know about friends, they were business associates.

Q. Ok. Why don't you read what you wrote, sir?

A. Ok. In response to a request for tickets to one of Michael Jackson 's shows just trying not to

take it out of context. I want to give it context.

Q. Sir, could you please

A. "it would probably be tacky to not comp him since he is the real reason we have MJ tell

him we have comp'd seats and offer him a suite at some hard cost charge. Phil a will be there,

and they are close friends."

Q.

Ok. You're referring to Mr. Barrack, aren't you, sir?

A.

Yes, I am.

Q.

Ok. And you said, "Mr. Barrack is the real reason we have MJ " did you say that, sir?

A.

Yeah, I did. In context.

Q.

And did you say him and Phil

are close friends?

A.

I did.

Q.

And is "Phil a" Mr. Anschutz?

A.

Yes.

Q.

The goal for the 02 was to go after a handful of worldwide superstars and convince them to do

residence there; correct?

A.

Yes.

Q.

And Michael Jackson was at the top of that list?

A.

Well, let me just say one thing; ok? The 02 is not just an arena for residencies. We have plenty

of one-off shows there.

Q. Ok. So let's play what you said in interview 85-c, a video clip of an interview of the witness.

Ms. Stebbins: I'm going to object, your honor. Again, this is not on their exhibit list.

Judge: the video is not on the exhibit list?

Mr. Panish: it's impeachment.

Ms. Stebbins: the issue, your honor, is it's – if it's a new document

Mr. Panish: it's from the movie that's already in evidence.

Judge: which movie?

Mr. Panish: the movie that they've shown numerous times with Mr. Gongaware. And I

think it's the "this is it." I think it's the last exhibit number.

Mr. Putnam, what's the number?

Mr. Putnam: I don't know.

Mr. Panish: he kept saying it yesterday; the “This Is It” movie that he kept saying, this

whole movie is in evidence. I am now marking a clip from the movie that they have been

showing throughout the trial.

Judge: ok. Overruled.

Mr. Putnam: I couldn't know that by saying, "85-c."

Ms. Stebbins: there is no 85 on their exhibit list.

Mr. Panish: I'm marking it specifically as a clip from the movie. The entire exhibit was put

into evidence by the defendants in this case.

Judge: ok. You just need to identify it adequately. So it's a clip of the “This Is It” movie,

which is otherwise in evidence?

Mr. Panish: yes.

Judge: all right. You may play it.

(a video clip was played.)

Mr. Panish: all right. That's good.

Q.

That's you; right? You made that statement?

A.

Absolutely.

Q.

Ok. Now, you knew that Michael Jackson was interested in making films; correct?

A.

That is correct.

Q.

And part of the negotiations for the tour agreement was including a film development

agreement?

A.

Yes.

Q.

I want to show you exhibit – defense exhibit 12,246. It's a development agreement for films.

Is there any question in your mind Mr. Jackson didn't want to make films?

A.

Didn't want to make films?

Q.

Right.

A.

No. He very much wanted to make films.

Q.

Did you think he would be good at it?

A.

I think "thriller" 3d would have been a winner. I'm not sure what other products he had in

mind.

Q.

You thought he was one of the most creative people you ever met; right?

A.

In the music business.

Q.

And that he "thriller" 3d, you said "a winner." you mean a smash, a hit?

A.

In that terminology, yes.

Q.

I mean, in the music business, you kind of say blew it out; right? He'd blow it out?

A.

For the jury's sake, a commercial success, yes.

Q.

It means you'd make money; right? That's a commercial success, you'd make money; right?

A.

Funny way to say it, but, yeah.

Q.

Well, a commercial success doesn't mean that you're helping the environment.

A.

No, no, no. And we're not a not-for-profit. I'll give you that.

Q.

You'll give me that, a commercial success, meaning making money?

A.

Yes.

Q.

And that's what you're in the business of doing, making money; right?

A.

That is correct.

Q. Ok. And no question in your mind "thriller" 3d would be a commercial success and make

money?

A.

"thriller" live action 3d, yes.

Q.

All right. He's looking for that. Let's let me not waste time and move on. When you're ready,

just let me know I'm only going to ask you two questions.

A.

Yes.

Q.

Is this the feature film development agreement that you entered into, you, AEG

live, concerts

west and Mr. Jackson?

A.

Yes.

Q.

And you signed it?

A.

Yes.

Q.

And Mr. Jackson signed it?

A.

Yes.

Q.

And you knew he was interested in making films?

A.

Absolutely.

Q.

Yes? Ok. Thank you. Now, sir, you knew that Mr. Jackson had been on tours before; right?

A.

Correct.

Q.

And you knew that he was on the "Dangerous" tour; right?

A.

Well, I knew he was on tour, yes.

Q.

Did you know about the "dangerous" tour? Had you ever heard of that before?

A.

I never saw him on that tour, but I knew about the tour.

Q.

Ok. My question is: had you ever heard of it?

A.

Yes, I have.

Q.

If the question is unclear, let me know; ok?

A.

I know.

Q. And, sir, did you learn if Mr. Jackson went into substance rehabilitation, and that tour ended

early?

A.

No.

Q.

You never heard that?

A.

I don't remember hearing it.

Q.

Ok. And when's the first time you heard that?

A.

Just now.

Q.

Just now? So as of, from you started working, trying to develop this with Mr. Jackson , in

2007?

A.

When Ramone Bain and Peter Lopez first approached us, yes.

Q.

I'll ask you again, sir.

A.

Not a "yes" or "no" answer.

Q.

You started working on this in 2007?

A.

Yes, sir.

Q.

And from 2007 until today, June 5th, 2013, you've never heard that Mr. Jackson went into

Rehabilitation after or at any time prior to me just telling you that; right?

A.

No.

Q.

Is that correct?

A.

That is correct.

Q.

And nobody ever sent you any articles that said that; right?

A.

Oh, no. I received articles after 2007. After the first meeting, I received articles.

Q.

Well, sir, I thought you just told me that the first time you ever heard that Mr. Jackson went

into substance-abuse rehabilitation was right now?

A.

I don't remember it being that he went into rehab. I don't remember that he went into rehab.

Q.

So is it you don't remember, or you just heard it today for the first time?

A.

I don't remember.

Q.

Ok. That's your answer?

A.

That's my answer.

Q.

Thank you. And did you know that Mr. Gongaware was involved in the "dangerous" tour?

A.

Yes.

Q.

And what was his role in that tour, sir?

A.

I'm not sure what his title was, because that was prior to him joining AEG live. My guess is I

shouldn't guess.

Q.

If you don't know

A.

I don't know what his title was.

Q.

Fair enough. And you've never said Mr. Gongaware has worked there for how many years

where you've been his boss?

A. He and John Meglen sold their company no. I'm going to give you the date. I believe they

sold Their Company, concerts west, to AEG

in 1999 or 2000.

Q.

So the

A.

It was prior to me getting to the company.

Q.

Ok. When did you come to the company?

A.

I believe 2001.

Q.

From 2001 until today, approximately 12 years you've been with the company. Is that a fair

statement?

A.

Correct.

Q.

And Mr. Gongaware, you've always been his boss?

A.

Yes.

Q.

And you've never discussed the "Dangerous" tour with Mr. Gongaware in those 12 years;

correct?

A. No.

Q. And you've never asked Mr. Gongaware, how was Michael on the tour? What problems did

he have? What are his idiosyncrasies? Nothing like that?

A. No.

Q. And you did receive an e-mail from Mr. Gongaware where he said that AEG

the tour because they're familiar with Mr. Jackson 's problems and idiosyncrasies, didn't you, sir?

live should get

A.

Probably.

Q.

Well, did you ask Mr. Gongaware what Mr. Jackson 's problems were when you received the

e-mail?

A. I assumed that Mr. Gongaware meant his prior work with Mr. Jackson , plus I had been

involved with Mr. Jackson .

Q. Sir

Mr. Panish: could I ask, your honor, that the question be read back, and the witness answer

the

Question that was asked?

Judge: yes. Listen to the question, and answer the question that was asked.

Mr. Phillips: ok.

Judge: go ahead.

(the requested question was read back.)

Mr. Phillips: no.

Q. And you never asked Mr. Gongaware about any problems Mr. Jackson had had

Before; correct?

A.

Correct.

Q.

Now, you're aware that Dr. Finkelstein was also involved in the "Dangerous" tour; correct?

A.

No.

Q.

Ok. Do you know who Dr. Finkelstein is?

A.

Yes. He gave me a flu shot once.

Q.

So I guess the answer is "yes"?

A.

Yes.

Q.

And do you know that him and Mr. Gongaware have been friends for over 35 years?

A.

I knew they were friends. I had no idea how long.

Q.

Did you know whether they were good friends or not?

A.

They seemed like friends.

Q.

Well, you're not friends with Dr. Finkelstein; correct?

A.

No. Not really.

Q.

That's correct?

A.

Correct.

Q.

And, sir, were you aware that Dr. Mr. Gongaware was trying to retain Dr. Finkelstein for the

“This Is It” tour?

A. No.

Ms. Stebbins: objection. Misstates the evidence.

Judge: overruled.

Mr. Phillips: no.

Q.

"no"?

A.

No.

Q.

And as far as you know, there's been no communication from anyone from AEG

live and Dr.

Finkelstein in the five years before Michael Jackson died; correct?

A.

Restate the question.

Q.

Sure. As far as you know, there were no communications between Dr. Finkelstein and anyone

from AEG

live for five years before Michael Jackson died?

A.

Dr. Finkelstein the answer is yes, there was some interaction.

Q.

There was?

A.

There was some interaction between my company and Dr. Finkelstein.

Q.

In the five years?

A.

Correct.

Q.

And tell me the interaction that occurred in the five years before Michael Jackson 's death,

which would take us, then, to 2004, June, to June 2009. Tell us about the interaction.

A. The only interaction I'm aware of is that Dr. Finkelstein and his wife, who I believe is also a

nurse, were giving flu shots at a concert in Anaheim. I'm not sure what the date, what the year

was. And I remember getting a flu shot. So obviously someone communicated with him, because

he was at the arena, the Honda center.

Q.

Did you ok. Did you finish your answer?

A.

Yeah. At the Honda center.

Q.

Anything else you want to add?

A.

No.

Q.

Anything else, other than the flu shot? Any other communication of any sort in the five years

before Dr. Finkelstein excuse me. Other than your flu shot or flu shots of others strike that.

Were you aware, was he brought there by AEG

live, Dr. Finkelstein?

A. Well, I assume he was, because he was in the building, so somebody had to let him in the

building.

Q.

Ok. So the answer would be "yes"?

A.

Yes.

Q.

And other than and you don't know when that was?

A.

No.

Q.

Could have been somewhere in that five years? Anywhere in there? A. Probably.

Q.

Probably. And in that five years, other than the flu shot job, are you aware of any

communications whatsoever from anyone at AEG

live and Dr. Finkelstein?

A.

No.

Q.

Now, in December 2008, you were sent an article by Richard Nanula, including information

about Mr. Jackson 's drug abuse; correct?

A. Yes.

Mr. Panish: ok. Your honor, I'd like to play page 347, line 11, to 343, line 7, of the witness.

Judge: is this the deposition?

Mr. Panish: yes, it is. I said that wrong, so let me say that again. 341/7 to 343/9.

Ms. Stebbins: 341/7? That's the middle of

Mr. Panish: 341/7. Do I have the wrong one? Let me look first of all, I'd like to show the

witness exhibit 45. I think it's line 4. 3 or 4. I can't read my own writing I'm going to

specifically – but you can take your time, if you want.

Q.

I'd like to put that up while you're reading it. This is an e-mail to you; right, Mr. Phillips?

A.

Correct.

Q.

All right. Ok. You received this e-mail; correct?

A.

That is correct.

Mr. Panish: all right. Let's play the deposition. We just gave you the transcript.

Ms. Stebbins: so you're doing all of that?

Mr. Panish: yes.

Ms. Stebbins: just for the record, can we get the start-and-stop lines?

Mr. Panish: 340, line 7, to 343, line 7.

Ms. Stebbins: 9.

Mr. Panish: 9. Can't even read my own writing. 9. Looks like a 7. Ok. Counsel?

Mr. Putnam: uh-huh.

Mr. Panish: ok. Go ahead.

(a video clip was played with the following testimony being said:)

Q. "exhibit 68 seems to be Mr. Nanula forwarding you an article in the Sunday Independent from

December 7, 2008. Do you see that?”

A.

"I see it. I don't remember reading it.”

Q.

"there's a on the page that ends -6562, there's a statement: 'Jackson 's productivity could

very well be suffering due to his alleged relationship with alcohol and prescription medication.'

"do you see that?

A.

"yeah. I see the paragraph. "ok. Somebody wrote that anyway; right? "obviously. I'm reading

it.

Q.

"yeah. And you read it back at the time in 2008, didn't you?

A.

"I don't remember reading this article at all. "ok. You wouldn't "and I wouldn't have put much

credence in anything in the English

Press."

Objection: sustained

(a video clip was played with the following testimony being said:)

Q. "exhibit 68 seems to be from Mr. Nanula forwarding you an article in the Sunday Independent

From December 7, 2008. "do you see that? "I see it. I don't remember reading it. "ok. There's a

on the page that ends -6562, there's a statement: 'Jackson 's productivity could very well be

suffering due to his alleged relationship with alcohol and prescription medication.' "do you

see that?

A.

"yeah. I see the paragraph. "ok. Somebody wrote that anyway; right? "obviously. I'm reading

it.

Q.

"yeah. And you read it back at the time in 2008, didn't you?

A.

"I don't remember reading this article at all.

Q.

"ok. You wouldn't

A.

"and I wouldn't have put much credence in anything in the English press.

Q.

"ok. When you know who Diane Dimond is, don't you?

A.

"I have no idea who she is.

Q.

"at least what she had quoted as saying is he's had problems with alcohol and painkillers for

years. "you saw that; right?

A.

"no.

Q.

"you see it now?

A.

"I see it now. I didn't see it then.

Q.

"you didn't see it then?

A.

"no.

Q.

"ok. You shook your head

A. No.

Q.

"no."

Q.

Let me show you exhibit 47, sir. By the way, you didn't change that when you

Read your deposition, did you, sir?

A.

No.

Q.

There's exhibit 47 let me know when you're ready.

A.

I'm ready.

Q.

Ok. Thank you. Now, exhibit 45 was an e-mail sent to you on 12-8-08 by Mr. Nanula from

colony capital; correct?

A.

That is correct.

Q.

And then exhibit no. 47, you see that, is an e-mail by you to Tohme; right?

A.

That's correct.

Q.

And you we'll put it up there this is forwarding the e-mail from Mr. Nanula; correct?

A.

That is correct.

Q.

Ok. And tell us what you wrote when you forwarded the article from Mr. Nanula that included

references to drug and alcohol abuse.

A. I wrote: "doc, have you read these stories? This reporter did a lot of

Research. Rp."

Mr. Panish: and then I'd like to play your deposition. Page 343, line 15, to 344, line 17; and

then 346, line 13, to 347, line 14. And I've provided a

allowed-out copy to counsel. And when counsel is ready, please let me know.

Mr. Putnam: ok.

Mr. Panish: ok. Thank you. Let's please play that. Let's see what you said there.

(a video clip was played with the following testimony being said:)

Q. "would you agree with me, Mr. Phillips, that you took this article, and you forwarded it to Dr.

Tohme about a week later?

A.

"it's very possible.

Q.

"well, it's more than possible, isn't it? That's what it says; right?

A.

"that there's an e-mail forward from me to him, yes. "right. And this was produced

By AEG

live in this litigation. You see that down at the bottom?

A.

"yes.

Q.

"and your e-mail to Dr. Tohme forwarding this story was: "'doc, have you read these stories?

This reporter did a lot of research'; right?

A.

"yes.

Q.

"that's what you wrote?

A.

"correct.

Q.

"is it fair to say you probably read this article in order for you to write that?

A.

"or I was told that by Richard Nanula I don't remember.

Q.

"ok. Did you talk to Mr. Nanula about the assertion in this article that Mr. Jackson had

problems with painkillers?

A.

"I don't remember.

Q.

"what did you do after you read the article in exhibit 69 to determine whether Jackson had

problems with alcohol or painkillers?

A.

"I don't remember reading it.

Q.

"well, you agree, though, that you said to Dr. Tohme, 'have you seen these articles? This

Reporter did a lot of research.' right? Correct?

A.

"correct. It was a long article. There was a lot of paragraphs, so

Q.

"all right. Did you ask ever ask Dr. Tohme what about this claim that Jackson has problems

with alcohol and painkillers?

A.

"no.

Q.

"did you do anything between the time you received this article on December 8, 2008, to the

time of Mr. Jackson 's death, to determine whether he had a problem with alcohol or painkillers?

A.

"no.

Q.

"or any other kind of narcotics or prescription drugs or just prescription drugs. We'll leave

It at that.

A.

"no. I was strictly his promoter.

Q.

"ok. You never asked Dr. Murray about that?

A.

"no."

Q.

Now, sir, there was a press conference for the “This Is It” tour in March of 2009; is that

correct?

A.

Correct.

Q.

And you were there; right?

A.

Correct.

Q.

And was it March 5th, to your recollection?

A.

It was March 5th.

Q.

And you and Mr. Jackson were late to that press conference; correct?

A.

That is correct.

Q.

Was it a miracle that the press conference even happened?

A.

Pretty much, yes.

Q.

Is that a "yes"?

A.

That's a "yes."

Q.

Were you late because Mr. Jackson was drunk and despondent?

A.

By the time I saw him, he had a hangover from drinking. At one point he must have been

drunk, yes.

Q.

Sir, my question was: were you late because Mr. Jackson was drunk and despondent?

A.

Correct.

Q.

So that's a "yes"?

A.

That's a "yes."

Q.

Ok. I'd like to show you exhibit 100 when you're ready, let me know.

A.

Ok.

Q.

Ok. Let's show that. now, sir, this was one of those e-mails you were shown for preparing for

your testimony?

A.

Correct.

Q.

Just like the other article I showed you, you were shown those to prepare for your testimony;

correct?

A.

Correct.

Q.

Those were the two articles you read?

A.

Yes.

Q.

No other articles you read; right?

A.

There was one more.

Q.

What was the other one?

A.

There was an English newspaper. I forget the article.

Q.

If I get to it, you can just let me know; ok?

A.

Ok.

Q.

Is this an e-mail you wrote on March 8th, 2009?

A.

Yes.

Q.

And is Mr. Morey a former manager of Mr. Jackson?

A.

Yes, he was.

Q.

Can you tell us the yellowed-out lines that I wrote? Could you read those that I've yellowed

out? Could you please read those for me, sir, what you wrote to Mr. Morey on March 8, 2009?

A. "MJ was not speaking to Dr. Tohme because of the stupid auction set up that MJ never

agreed to until the day they left for London on the Gulfstream I chartered."

Q.

"Gulfstream," is that an airplane?

A.

It's a jet.

Q.

Is a jet an airplane?

A.

Of course.

Q.

So gulfstream is an airplane that you chartered to take people to London?

A.

Correct.

Q.

Who went on the plane?

A.

To the best of my knowledge, it was Michael Jackson , his three children; hair and makeup

artist whose name I can't remember, and Dr. Tohme.

Q.

Ok.

A.

And Alberto Alvarez, security.

Q.

And you didn't travel with them?

A.

No.

Q.

Did you travel on your own?

A.

Yes.

Q.

Did you have your own Gulfstream?

A.

No.

Q.

You went commercial?

A.

Yeah. I'm just a working guy.

Q.

Mr. Anschutz didn't lend you one of his planes to go?

A.

No.

Mr. Putnam: objection.

Judge: I'm sorry. Didn't lend him?

Q. Didn't lend you one of the planes he uses?

Mr. Putnam: objection. Relevance, your honor.

Judge: sustained.

Q. Ok. So could you read the next line that you wrote, sir?

A. Yes. "the fact that the press conference even happened is a miracle, let alone getting

through the unprecedented demands for shows that has caught us off guard."

Q.

Ok. Was that true, sir?

A.

Correct.

Q.

It was true that the press conference happening was a miracle; correct?

A.

Yes.

Q.

Now, sir, I'd like to play your deposition, page 59, 19 to 25; 60, line 20, to 62, line 12; and

62/15 to 63/25, regarding this issue. While they're reviewing that, I want to ask you a couple

questions. Did you yell at Mr. Jackson ?

A.

Did I yell or did I shout?

Q.

Did you yell? Y-e-l-l.

A.

I raised my voice.

Q.

Did you yell at Mr. Jackson ?

A.

I raised my voice.

Q.

So the answer is you didn't yell at Mr. Jackson ?

A.

I think when I wrote that, I was exaggerating.

Q.

Sir, do you know what it means to yell at someone?

A.

Yes.

Q.

Did you yell at Mr. Jackson ? "yes" or "no"?

A.

In the two and a half hours that this all took place, ok, it's very hard if you take it out of

Context, the answer is not going to make any sense, anyway.

Q. Sir

Mr. Panish: your honor, could I ask that he answer the question?

Judge: yes.

Mr. Panish: it's a very straightforward question.

Judge: just "yes" or "no."

Q.

Did you yell at Mr. Jackson ? "yes" or "no"?

A.

I raised my voice.

Q.

So the answer is no, you did not yell; correct?

A.

Matter of interpretation.

Q.

Did you scream at Mr. Jackson ?

A.

I raised my voice.

Q.

So you did not scream at Mr. Jackson ; correct?

A.

At the time, I felt like I may have screamed. I just raised my voice.

Q.

Sir, did you or did you not scream at Mr. Jackson at this time? "yes" or "no" or "I don't

remember"?

A. I can't answer the question that way.

Mr. Panish: your honor, I think it's a pretty straightforward question.

Judge: I can't force him to answer it.

Mr. Panish: it's "yes," "no" or "I don't remember."

Judge: the answer is what the answer is.

Q. So you can't answer the question; right?

A. No more than I just did. I raised my voice because it was a very tense situation towards the

end of getting him ready to leave, and we were two hours late.

Q. So you will not admit that you yelled at Mr. Jackson or screamed at him; correct, sir?

A. I will admit that I raised my voice, and I got agitated towards the end of this period of time

because we were so late for this press conference.

Q. Ok. Let's play the deposition and see what you said at your deposition about this.

(a video clip was played with the following testimony being said:)

Q. "all right. Mr. Phillips, exhibit 6 is a an e-mail that was produced by AEG live in this

litigation, first from Mr. Morey to you, and then you responding to Mr. Morey. "you see that?

A.

"I'm reading it right now.

Q.

"my question is simply, is this an e-mail you got from Mr. Morey and an e-mail you responded

to Mr. Morey? "based on the headers,

A. Yes.

Q. "ok. And it was produced by AEG

"right.

live. You see the production stamp at the bottom; right?

A.

"ok. All right. There's

Q.

Some language up at the top that talks about that you you wrote the top of this; correct?

A.

"that is correct.

Q.

"and you wrote: 'MJ was not speaking to Dr. Tohme because of this stupid auction he set up

that MJ never agreed to'? "correct.

Q.

"is that what you were just telling us about, the Julien's auction?

Q.

"that is correct. "and then there's language about the day they left for London. Is that the

press conference for the 'this is it' tour?

A.

"that is correct.

Q.

"then you wrote: 'the fact that the press conference even happened is a miracle.' do you see

that? "I see that. "what did you mean by that?

A. "to the best of my knowledge, at the time, the fact that Dr. Tohme and Michael were not in

constant contact with each other, and we were dealing with Dr. Tohme on the logistics of the

press conference and that that's what I meant. I had to rely on Dr. Tohme to bring Michael and

Michael

for Michael 's participation in the press conference, and if they were estranged, I had

no one to deal with.

Q. "was there a problem, Mr. Phillips, with Mr. Jackson 's appearance at the press conference

That day?

A.

"are you talking about when he went to the microphone and was photographed?

Q.

"well, I was thinking, actually, really, hours before going to the microphone and being

photographed. "Did something unusual happen?

A.

"we were late.

Q.

"why?

A.

"to the best of my knowledge, based on statements made to me by Dr. Tohme, Michael was

scared of the reception he was going to get because he hadn't been in the public eye in so long

and that he might be hung over. "hung over?

Q.

"hung over. "that's what Dr. Tohme told you?

A.

"correct.

Q.

"but you didn't see that yourself?

A.

"at one point during the afternoon, I went into the room as Michael was getting prepared,

and he seemed a bit 'hung over' would be I mean, I'm not an expert and I don't drink, so I've

never been hung over, so it's just an observation.

Q. "well, my hunch is, in 30 years in the music industry, you may have seen somebody hung over

at some point. No?

A.

"Actually, no.

Q.

"How about drunk people?

A.

"Yes.

Q.

"Ok. Was Mr. Jackson drunk?

A.

"No. Not to the best of my knowledge, no.

Q.

"Ok. Was he despondent?

A.

"No."

Q.

Now, sir, you testified there that Mr. Jackson was not drunk and he was not despondent;

correct?

A. There? Yes.

Mr. Panish: let's play page 64, lines 1 to 16, and 64, lines 22 to 21. Before we do that,

though, I

Want to show you exhibit 93, sir. It's an e-mail when you're ready, let me know, sir.

A.

……I'm ready.

Q.

Is that one of the 30 e-mails you reviewed in the over 30 hours of preparation you did with

your lawyers?

A.

That is correct.

Q.

Ok. Let's put that is that an e-mail that you're involved in writing some of the e-mails, sir?

A.

Correct.

Q.

Ok. Let's look at the bottom. This is March 5th. Is that the day of the press conference?

A.

That's correct.

Q.

Ok. Why don't you read for us by the way, who are you writing this e-mail to?

A.

To Tim Leiweke.

Q.

And refresh my recollection. Who is Tim Leiweke?

A.

Tim Leiweke was the CEO of AEG

Q.

And is that one of the people who you directly reported to?

A.

Yes.

Q.

And would you say that he's in charge of all the AEG operations here?

A.

Correct.

Q.

At that time?

A.

At that time, yes.

Q.

And he's no longer with the company, and you don't know why he left, and you never talked

to him about it; right?

A.

About why he left?

Q.

Yeah.

A.

No.

Q.

You don't know whether Mr. Anschutz fired him?

Ms. Stebbins: objection. Relevance.

Judge: overruled.

Mr. Phillips: I do not know why he left. We were told, all of us at the company, to not

engage in discussions about that. But Tim is still a very good friend of mine, and he has a

very big job now.

Q. Who told you not to discuss that?

A. Uhm, Dan. And just, it's not something for us to engage in speculation about, the other

executives.

Q. Sir, you said you were specifically instructed not to discuss why Mr. Leiweke left the

company; correct?

A.

With Tim, correct, yes. Nor did Tim discuss it with us.

Q.

Sir, I'm only asking about you just told us that you were specifically instructed not to discuss

why Mr. Leiweke left the company with anyone; correct?

A.

Correct.

Q.

And was that an e-mail that you received?

A.

No, no.

Q.

Was that a meeting?

A.

It was a conversation.

Q.

Who was present when the conversation occurred?

Ms. Stebbins: your honor, I'm going to object to relevance, this entire line of questions.

Mr. Panish: goes to Mr. Leiweke's bias as a witness and credibility.

Ms. Stebbins: your honor, this has nothing to do with this. The case is about the negligent

hiring of Dr. Conrad Murray in 2009, not why Mr. Leiweke left the company in 2013. And

Mr. Phillips already testified he doesn't know why Mr. Leiweke left the company.

Judge: overruled.

Q. You remember the question after those objections?

A. How could I forget? Ok. They Tim and Phil Anschutz had a disagreement, I'm sure, ok, and

whatever it was, they mutually decided that it was time for Tim to move on. That's all we know.

Q.

That wasn't even my question, sir.

A.

No. I'm trying to answer your question.

Q.

Ok. So he was fired?

A.

You can say he was fired; ok? That doesn't make it true. Because you say a question, that

doesn't make it the truth.

Q.

I'm asking you.

A.

I don't know.

Q.

The big boss, Mr. Leiweke, had a meeting with the biggest boss of AEG , Mr. Anschutz, and

after that meeting, Mr. Leiweke was no longer with the company. Is that a fair statement?

Ms. Stebbins: objection. Lacks foundation.

Mr. Phillips: I don't

Judge: overruled.

Mr. Phillips: I don't know. I don't know why Tim left.

Q. I didn't ask

A.

I don't know.

Q.

All I asked you was: they had a meeting, Anschutz and Leiweke. After the meeting, Leiweke

was no longer with the company?

A. I don't know if it was a meeting, phone call, an interaction over three months. I have no idea

why he left the company.

Q. Didn't you just tell us there was a meeting?

A. Then I made in the course of testimony, I may have made a mistake. There probably was a

meeting. There were probably conversations. This is a 20-year relationship. I do not know why

he left the company.

Q. All I was asking initially, my question was: who told you from the company not to discuss

Mr. Leiweke's leaving, and the reasons for it?

A.

Dan Beckerman and Mr. Leiweke.

Q.

Ok. So Dan Beckerman who is now the CEO

A.

Correct.

Q.

And you were in a meeting with him and Mr. Leiweke when that was said?

A.

No.

Q.

Who was in the meeting when that was told to you?

A.

Just Mr. Beckerman and myself.

Q.

Ok. And then Mr. Leiweke, when were you in a meeting with him when he told you, don't say

anything, who was in the meeting?

A. No. It was a phone conversation with Tim and I, and he said to me, he said, "you know, there's

no reason for us to discuss why I left."

Q.

Ok. Fair enough. Now we got that answered. Thank you.

A.

Yes. You're welcome.

Q.

Ok. Read to us we just heard you say that Mr. Jackson wasn't drunk and wasn't despondent

in your deposition. Why don't you read for us what you wrote to Mr. Leiweke, the CEO on

March 5th, 5:49 p.m. Or is that a.m.?

A. 5:49 must be p.m. I'm not sure.

Q.

Well, you know what? Actually, it's possible what is the time difference in London?

A.

Eight hours.

Q.

So if it's eight hours from this time, what time would it be in London?

A.

What time is it now? Almost 10:30.

Q.

I don't mean right now. I mean at 5:49 a.m. In the morning.

A.

So you add eight hours, it would probably be 4:49 in the afternoon.

Q.

Does that make sense now, that you probably sent it from London, Leiweke received it at

5:49, and you were sending it at 4:49 in the afternoon?

A.

It makes sense.

Q.

Seems consistent with your recollection of when this was occurring?

A.

Makes sense based on the time stamp on the e-mail.

Q.

Why don't you read us what you sent to Mr. Leiweke at 5:49 p.m. London time.

A.

I said: "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."

Q. Now, sir, just one second. Let's go up to the next e-mail that Mr. Leiweke wrote you back. He

wrote back, looks like, two hours later; right? Approximately?

A.

Yeah. 7:29.

Q.

Yeah.

A. "Are you kidding me?"

Q.

He wanted to know if you were pulling a gag on him; right?

A.

No. I think he just felt that it was incredulous that this was happening at this time.

Q.

Ok. What did you write back? Let's see what you wrote back to him in response. And you

wrote this now at 7:33. So if we advance it eight hours help me out. What time would it be?

You're a numbers guy.

A. I'm the numbers man? Ok. It would make it 5:33 in the afternoon.

Q.

London time?

A.

Correct.

Q.

Ok. So read to us what you told your boss, Mr. Leiweke.

A.

"I screamed at him so loud the walls are shaking. Tohme and I have dressed him, and they

Are finishing his hair, and then we are rushing to the 02. 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."

Mr. Panish: all right. Now, I want to play what you testified at your deposition. Page 64, 1

to

16, and page 64, 22, to 65 64/22 to 65/21. Did I already play that? No, I didn't. Is that ok?

Mr. Putnam: (no response.)

Mr. Panish: ok. You can play that.

(A video clip was played with the following testimony being said:)

Q. "did you yell at him?

A. "at some time during the afternoon, I you know, the word 'yell' might be a little bit extreme,

And I might have used it to describe it. But I at one point it was taking so long, we were waiting

for him to get ready, and there was one item of clothing that he was waiting for, and time was

ticking away, and I got a little louder and a little more affirmative than I had been in dealing

with him up till then.

Q.

"Did you yell at him?

A.

"I raised my voice. I was a little firm.

Q.

"you were a little firm?

A.

"yeah.

Q.

"ok. Was there anything you saw that afternoon before getting to the press conference that

scared you in terms of Mr. Jackson 's condition, behavior?

A. "yeah. Well, you know, the word 'scary,' in looking back at it, probably is an overreaction to

what was going on that afternoon, the fact that we were late for the press conference. "and, yeah,

when you have a press conference to announce the comeback of the greatest star in the world,

and he's running two hours late, and he appeared to be somewhat hung over, yeah, I would say

I'm not sure 'scary' looking back, if I'd use the word scary or really more concerned.

Q. "and did you conclude, based on what you saw, that Mr. Jackson was an emotionally

paralyzed mess?

A. "that was a description that I used to describe the what I encountered, what my observation

was.

Q.

"you know what I'm talking about; right?

A.

"yes.

Q.

"you send an e-mail to Mr. Leiweke?

A.

"yes."

Q.

So you said in the e-mail he was drunk; you said in the deposition he was hung over; right?

And now you've told us he was drunk; correct? Is that right, sir?

A.

It's not a "yes" or "no" answer.

Q.

All right. Did you testify in

A.

Do you want the truth, or do you want what I testified?

Q.

You want to ask me questions? I just played your testimony, sir, didn't I?

A.

Correct.

Q.

Ok. Is that the truth, what you said in your testimony?

A.

I was responding to what Dr. Tohme had told me, and I was relaying that message.

Q.

Sir, were you telling the truth in the deposition that I just played?

A.

To the best of my recollection, I was, yes, sir.

Q.

So is it so the truth, were you telling the truth? "yes" or "no"?

A.

Yes.

Q.

Ok. Were you telling the truth in this e-mail?

A.

The e-mail?

Q. "MJ is drunk and despondent." were you telling the truth to Mr. Leiweke when you wrote

that? "yes" or "no"?

A.

I was relaying what Dr. Tohme had told me.

Q.

Do you say that Dr. Tohme told you that MJ is locked in his room drunk and despondent?

A.

No, because these things everything was happening so fast, it's all merged together in one e-

mail.

Q. I see. I see. So, really, if you knew lawyers were going to ask you about this, you wouldn't

have wrote it this way; right? You would have written it differently?

A.

No. At the time I didn't have any time. I wrote it as fast as I could write it.

Q.

All right, sir. And you must have yelled pretty loud or screamed pretty loud to make walls

shake?

A.

It's an expression, exaggeration.

Q.

Do you have a tendency to exaggerate, sir?

A.

I knew you were going to ask that. No. No, I don't.

Q.

This is the only time you've ever exaggerated anything relating to Michael Jackson ?

A.

No, no. Mr. Panish, in our lives, I'm sure we all exaggerate at times; ok?

Q.

I asked you, sir.

A.

Yes.

Q.

You want to keep talking?

A.

No. Well, actually, Mr. Panish, if you would allow me to, I would like to explain the

circumstances of what was going on that afternoon.

Q.

I'm getting to that right now.

A.

Ok.

Q.

Let's go to your deposition and see what you told us.

Q.

And once again, sir, were you telling the truth in your deposition?

A.

To the best of my ability at the time of my recollection, yes.

Q.

Your recollection has changed when you're telling the truth here; is that right, sir?

A.

No. I've had more time to prepare for this testimony.

Q.

Ok.

A.

And refreshed my recollection.

Q.

Ok. And the lawyers helped refresh your recollection in those 30 hours of meetings before

coming to testify here; right?

A.

The lawyers did not put words in my mouth; ok? It's my recollection, not theirs.

Q.

Well, sir, you signed this deposition six weeks after you took it and didn't change anything

and had all the exhibits attached to the deposition, didn't you?

A.

Correct.

Q.

Did you take that seriously?

A.

Yeah. And it took a lot of time to remember exactly what happened four years ago.

Q.

So you remembered it since February 28th in the last

A.

More, yes.

Q.

In the last three and a half months, you've now remember everything; right? In a different

light –

A. I haven't remembered everything. There's still a lot of things that are foggy. It was four years

ago.

Q. Sir

A. And as you tear these e-mails apart and parse them apart to try to create the reality that you

think happened, I was the one who lived it; ok?

Q.

Well, let's see what you testified under oath, sir.

A.

Ok. Go ahead.

Q.

Ok. Let's see what you testified under oath and then swore again was the truth; ok?

A.

Please.

Q.

Let's see it.

(a video clip was played with the following testimony being said:)

Q. "would you agree with me, sir, that you described Mr. Jackson in

Exhibit 7 as an 'emotionally paralyzed mess'?

A.

"that is correct.

Q.

"and you said, 'this is the scariest thing I've ever seen'?

A.

"that's what I wrote at the time.

Q.

"ok. And Mr. Leiweke is I'm sorry. I'm mispronouncing names. Is it Leiweke?

A.

"Leiweke, yes.

Q.

"he was your boss?

A.

"he was my direct report.

Q.

"direct report. All right. And you sent this to him for a reason, I take it?

A.

"because to keep him informed about what's going on.

Q.

"you wanted to be honest with your boss, your direct report, as to what was happening in

London?

A.

"I wanted him to understand what was going on at the time.

Q.

"all right. Direct report was your word, was it not?

A.

"correct.

Q.

"and so you sent him this e-mail?

A.

"that is correct.

Q.

"and you started off at – on march 5th at the bottom, what did you write to Mr. Leiweke?

A.

"what it says here.

Q.

"could you read it?

A. "'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.' "and then Mr. Leiweke

responds, 'are you kidding me?'; correct?

A.

"yes.

Q.

"and then you responded with the longer entry there?

A.

"correct.

Q.

"and you wrote, 'I screamed at him so loud the walls are shaking'? "yes.

A.

That was an exaggeration. But I did raise my voice.

Q.

"all right. And was it also an exaggeration when you wrote 'this is the scariest thing I've ever

Seen'? "

A. For the size and the scope of what was going on, it was one of the most concerning things I

don't know, looking back at it, if I would have said it was the scariest, you know, having been in

this business as long as I have.

Q.

"ok. Was that an exaggeration?

A.

"a little bit.

Q.

"and was it an exaggeration also that 'he is an emotionally paralyzed mess'?

A.

"that's what I that's what I felt at the time."

Q.

Sir, did you tell anyone that Michael Jackson is a self-loathing, emotionally

Paralyzed mess?

A.

Yes.

Q.

Ok. I don't know if I asked you did I say "anyone else" or did I say "anyone"?

A.

I don't know.

Q.

Let me I'm sorry. I apologize. Did you tell anyone else besides your boss, Mr. Leiweke or, as

you call him, your direct report that Mr. Jackson is a self-loathing, paralyzed mess?

A.

I probably had a conversation with Paul Gongaware who was at the 02 at the time, where I

may have used similar terms. I had an associate of mine who was downstairs getting the

transportation ready. I may have said that to him. I'm you know, there were probably a few

people in my company that I may have said that to.

Q.

Ok. First of all, Mr. Loeffler, is he a friend of yours?

A.

Loeffler.

Q.

Is he a friend of yours?

A.

As is Mr. Gongaware, yes.

Q.

Does he go over to your home?

A.

Does he go over to my home?

Q.

Yes.

A.

He has been to my home, yes.

Q.

I mean, he was at your home does he live there at your home?

A.

No. He lived in utah with his wife and kids.

Q.

Well, he was at your home the day that Michael Jackson died, wasn't he?

A.

No. We were he was in my car. We were at the dry cleaners. We were on the way to the

staples

Center.

Q. So let's play, sir, more of your testimony that you gave. Before I do that, I want to show you

exhibit 2787. And once again, when you write e-mails, you try to be truthful; right? Is that right,

sir?

A.

To the best of my ability at the time, yes, I do.

Q.

So ok. You want to look at that, sir is this another one of the e-mails you saw preparing for

your testimony?

A.

No.

Q.

Ok. You remember being asked about this at your deposition?

A.

I don't remember being asked about this in the deposition.

Q. Ok. Go ahead. Let me know when you're ready.

A. Yes. Actually, there are there is a part of this e-mail chain that I did see prior to coming here.

Q. Ok. Thank you for pointing that out. Now, sir, Mr. Loeffler, does he work with you

Ever?

A. At the time, Mr. Loeffler was my partner in a management company, an artist management

company, and he was managing Lionel Richie at the time.

Q.

You still work together?

A.

David and I? Yes.

Q.

And you still have your management company?

A.

Yes.

Q.

And what is your management company called?

A.

Phillips digital media

Q.

So in addition to being the CEO of AEG

live, you have another job where you run a

management company; is that right?

A.

It's a small management company, yes.

Q.

And is Mr. Loeffler I kept saying Loeffler. I know you're going to correct me. Mr. Loeffler; is

that right?

A.

That's correct.

Q.

Is Mr. Loeffler a partner with you in that business?

A.

Yes, he is.

Q.

Did Mr. Loeffler ever work on the “This Is It” tour?

A.

He was with me in London during the press conference because he was producing he and I

were both producing Lionel Richie’s European tour. So he was there with me then, so he was

helping me out at the press conference. And then I asked him to do me a favor when we were in

rehearsals the last two days, June 23rd and 24th, at the staples center.

Q. Now, could you answer my question, please?

A. Yes, I did.

Q.

Was Mr. Loeffler working for AEG

live in conjunction with the “This Is It” tour?

A.

No.

Q.

So he wasn't being paid?

A.

No.

Q.

And the favor was, you stationed him in Mr. Jackson 's dressing room for the last two days;

Correct?

A.

I stationed him?

Q.

Yeah. You had him stand with Mr. Jackson ?

A.

No.

Q.

Did you ask Mr. Loeffler to go into Mr. Jackson 's dressing room the last two days?

A.

No.

Q.

Ok. And he wasn't in Mr. Jackson 's dressing room, was he?

A.

No, he was. I was I asked him to help

Q.

There's no question pending, sir.

A.

No, I know. I know. But you want to color something that isn't the

Mr. Panish: excuse me, your honor. He's just talking. Can I ask that he

He court: do you

Mr. Panish: there's no question pending. He answered the question.

Mr. Phillips: your honor, it's very hard for me to answer his questions, because the word is

"loaded questions." unless I can give him the full answer and explain the context

Judge: give the full answer.

A. Ok. Mr. Loeffler, ok, was not stationed, the way you put it, in Mr. Jackson 's dressing room.

Mr. Ortega, our director, asked me if I could get somebody to just ask Michael if he needed tea,

water, food, things like that, because he had a staff of four bodyguards and an assistant, and no

one seemed to care about what his needs were. So the person who was going to do that on the

tour, Brigitte Segal, was in London scouting out houses for him for the 02 run. She was going to

be back that week. I asked Dave to do that for me so – because Michael knew him, it was not a

strange face; ok? And believe me, ok, he was not a spy. There was nothing in that dressing room

I needed to know.

Q.

Anything else you wanted to say, sir?

A.

No. I'm glad I got a chance to say that. Thank you.

Q.

You're welcome. Brigitte Segal, was she overlooking housing for Conrad Murray, also?

A.

No. I don't know if Dr. Murray was going to stay in a hotel, he was going to stay at Michael 's

house. I had no idea what arrangements were being made for him.

Q. Wait a minute. You don't know that Brigitte Segal had been finding houses for Dr. Murray,

sir? You never heard that?

A.

No.

Q.

You never heard that she showed Dr. Murray properties where he could live in London?

A.

I know you think I am an omnipotent being in this job

Q.

Excuse me. Just answer

Judge: he's answering.

Q. Would you answer

A. Brigitte Segal, her job, as I understood it, because she reported to Paul Gongaware, was to

find

Michael living accommodations. If she was also looking for Dr. Murray, ok,

It would have been added to the instructions of Michael or Dr. Murray to find a house for him,

too. I don't know. I wasn't involved in that.

Q. So the question was: do you know if Ms. Segal was also trying to secure living

accommodations for Dr. Murray? And the answer is, you don't know?

A.

Correct.

Q.

If you don't understand the question, sir, I'll be happy to repeat it; ok?

A.

I know. You've offered that a number of times, yes.

Q.

I have.

A. Yes.

Q. And could you at least try, please, to answer the question? That was a straightforward

question,

Wasn't it?

A.

It was as straightforward as you get, yes.

Q.

Well, let's see if we can refresh your recollection, sir. Here's exhibit 342-1 seen that before,

sir?

A. Yes, sir.

Q. That's an e-mail, sir, that you, as you say, not the omnipotent person, received,

Did you not, sir?

A.

Correct.

Q.

And, sir and who is that e-mail from?

A.

It was from Brigitte Segal to Paul Gongaware and myself.

Q.

Ok. And Brigitte Segal is who we just talked about; right?

A.

Uh-huh. Correct.

Q.

And this was on June 24th, the day before Michael Jackson died; right?

A.

Correct.

Q.

And what was Ms. Segal doing what was she advising of in this e-mail; sir? What's the

subject matter?

A.

The subject matter is "this is what I have secured so far, the Chislehurst house"

Q.

Subject matter says "subject," sir.

A.

"overview, Chislehurst accommodations," which I assume was the house she was looking at

for Mr. Jackson .

Q. Ok. Let's look at whose houses she was getting, sir, at this time; ok? You see that, sir? Tell us,

whose houses she was securing?

A. Karen Faye, Alberto Alvarez, Dr. Conrad Murray, Michael Amir, Rosalyn Mohammed,

Michael bush, frank & Miko.

Q.

Ok. That's enough.

A.

Ok.

Q.

Does that refresh your recollection that Brigitte Segal was securing a 4-bedroom home for – is

that 2,000 pounds? Is that what that means, sir?

A.

Yes.

Q.

What does pcm mean?

A.

I'm not sure.

Q.

Maybe for the month. Price

A.

I'm not sure on this.

Q.

I don't know, either. But it certainly seems there that you were advised that Ms. Segal was

securing a place for Dr. Murray; correct, sir?

A.

Yes, Mr. Panish. This is one of 9,000 e-mails during the time, yes.

Q.

So you counted them up? There's 9,000?

A.

I was told there was 9,000.

Q.

Who told you?

A.

My attorneys.

Q.

Your attorneys told you 9,000?

A.

Yes.

Q.

Did you ever look to check that?

A.

Did I count the e-mails? No.

Q.

Right. So you don't know how many e-mails there were, do you, sir?

A.

No. But I trust my attorneys.

Q.

Trust them to do what's in your best interest as far as preparing you to testify under oath;

right?

A. Preparing me

Q.

Yeah.

A.

to testify? Yes.

Q.

Mr. Panish: sir, you know what it means to sober someone up?

A.

To sober someone up? I assume if they're drunk, that means to get them sober.

Q.

When they're drunk, you try to sober them up; right?

A.

Correct. That's what I'm assuming it means, yes.

Q.

Well, sir, you wouldn't try to sober up someone who had a hangover, would you?

A.

I don't know. I don't drink.

Q.

Ok. Well, let's see what you say about that. Let's look at 93-1 again, in the bottom. And you

told me that Dr. Tohme told you all this information about Mr. Jackson being drunk; correct?

A.

Correct.

Q.

But you and Dr. Tohme were trying to sober up Mr. Jackson , weren't you?

A.

What I told you, and what I testified to prior, is that this e-mail, it's kind of compressed, the

two events, that makes it sound like it's all at the same time.

Q. Ok. Could you answer my question, please? Were you and Dr. Tohme trying to sober up Mr.

Jackson ? "yes" or "no"?

A.

Yes.

Q.

Did you write that in this e-mail? "Tohme and I are trying to sober him up," meaning Michael

Jackson ?

A. And I used the word "sober."

Mr. Panish: excuse me, your honor. Can he answer the question, please?

Judge: ok. Listen to the question, and answer. Your attorney will have an opportunity to

ask you questions to clarify something. I mean, if I don't if you have an explanation, I want

you to give an explanation.

Mr. Phillips: I understand.

Judge: focus on the question.

A.

I understand. The answer is "yes." the answer is "yes."

Q.

Now, let's go back to exhibit no. 270 no. 2780, and let's start at page 3,

Which I showed you earlier. You have it there in front of you. And this is with your colleague, I'll

call him, Loeffler. Did I get that right?

A.

David Loeffler, yes.

Q.

Mr. Loeffler?

A.

My colleague.

Q.

Is it fair to call him your colleague?

A.

And friend, yes.

Q.

And you're telling Mr. Loeffler that you and Dr. Tohme threw Michael Jackson in a cold

shower; right?

A.

Correct.

Q.

And then, go to the page before that so you and Mr. Loeffler were communicating back and

forth, weren't you?

A.

By e-mail.

Q.

Right. By e-mail. By Blackberry, actually. You had a Blackberry?

A.

That's correct.

Q.

And then he tells you, you're crazy; right?

A.

I'm just looking for that in the e-mail.

Q.

Yeah, sure. Just look at the screen. Maybe that will be better for you.

He says, "your crazy." look like he sent it from a Blackberry, too.

A.

Yes.

Q.

And then you two minutes later, approximately, three minutes, later you correct him; right?

While you're dealing with Mr. Jackson , who is drunk and despondent, you're correcting Mr.

Loeffler on his grammar; right?

A.

It's a habit I tend to have.

Q.

But while all this was going on in a short period of time, and everything was jammed

together, and you're so busy, you're correcting your friend on his grammar; correct?

A.

That's the role I play with most of my executives as a mentor, yes.

Q.

Ok. Then by the way, did you hit Mr. Jackson ?

A.

No.

Q.

Ok. Well, let's see what you said at the top of that page at 712/17. Why don't you read what

you said, sir?

A. This is in response to getting the transportation set up. I said: "you guys are going to follow

Us behind a 12-passenger bus back there. I just slapped him and screamed at him louder than

I did with Arthur Cassell."

Q. Who is Arthur Cassell?

A. Arthur Cassell is one of the most annoying human beings on the face of the earth. He

committed Lionel Richie to a date at a police department fundraiser for the LAPD., and Lionel

never had agreed to do it, and I had to get him out of it. So on the phone with Mr. Cassell, I did

actually scream loud enough to shake the wall, the glass walls of my office.

Q.

But this time you screamed louder at Mr. Jackson , didn't you?

A.

Well, that's what I wrote, but that's not what I did.