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Day One: Witness Testimony

Tuesday, September 27, 2011 , Posted by KizzDaLipz at 7:23 PM

                                            Today's Witnesses


1.

Kenneth “Kenny” Ortega – Director/choreographer and Friend who was helping to direct Jackson’s upcoming “This Is It” world tour





2.
Paul Gongaware – AEG Live CEO, worked with Michael on his HIStory and Dangerous tours.



Ortega testified that he was initially informed by AEG that MJ was interested in him helping with the  'This is It' tour. He was then contacted directly by Mr. Jackson asking him to be involved with tour.

MJ was excited and used the term ‘This is It’.

Ortega started with the tour mid-April 2009 working with MJ as co-creator and co-director. MJ was completely involved in the production as usual according to Ortega. He would see him 3-4 days a week at the beginning and then increased to 4-5 days a week when rehearsals started in Centre Stages in Burbank.

Kenny Ortega recalled that  Michael was excited and convinced it was the time and reason to do the show. Michael said he wanted to share what he loved with his children, his fans who had been loyal to him and he believed his music applied to our world situation – use it as a platform to care for the planet and others Ortega stated.

Ortega stated that rehearsals eventually moved to the Forum and then to the Staples Centre.

Ortega recalled that Michael let the fans vote on what songs they wanted on the show. stating "He had an incredible relationship with his fans and he wanted to give back."

When asked by Deputy Da Walgren about rehearsals, Ortega responded rehearsals with Michael would last 5-7 hours typically and would be in late afternoon to evening. This included all aspects of production not just physical rehearsal.

Ortega identified Dr. Conrad Murray and said he first met the doctor at Jackson's house early in the process – April or May. "at the earlier stages of the tour" adding that Murray would come to the rehearsals only occasionally.





Ortega testified that although Jackson was “very excited” about his upcoming 50-date “This is It” series of comeback shows at London’s O2 Arena, the pop icon seemed ill in the days before his passing, missing numerous rehearsals from mid- to late June 2009.

"I was expecting him each day and it became this continued absence," Ortega said. "I was only told that it was scheduling."

Ortega testified that Jackson appeared unwell on Friday,June 19, at the LA Forum, one of three venues the singer had used to rehearse for the "This Is It" tour.

"My friend wasn't right," Ortega added. "There was something going on that was deeply troubling me. He was chilled. He appeared lost. Just sort of lost and a little incoherent and although we were conversing and I did ask him a question and he did answer me. I did feel though that he was not well at all."

He said he had never seen him like that before and when asked by Murray's attorney if he considered the possibility that Jackson was on drugs, Ortega said, "Yes."

Jackson did not rehearse that day, Ortega said, adding: "I offered him food, which he accepted. I put a blanket around him. I rubbed his feet. Put a heater, in the room, next to him."

He said he and Jackson then watched the dancers rehearse for about two hours. He had said he had never before seen the singer appear the way he did. Jackson left early, at his suggestion. Ortega said he called Murray that evening but was unable to reach him.

Ortega testified that he was so concerned about Michael that he emailed Randy Phillips, CEO of "This Is It" tour promoter AEG Live, from his office at the facility at 2:04 a.m. in the morning of June 20, to tell him about the incident.


Sat, Jun 20, 209 at 2:04 AM
Randy,

'I will do whatever I can to be of help with this situation If you need me to come to the house, just give me a call in the morning. My concern is, Now that we've brought the Doctor into the fold and have played the tough love, now or never card, is that the artist may be unable to rise to the occasion due to real emotional stuff. He appeared quite weak and fatigued this evening. He had a terrible case of the chills, was trembling, rambling and obsessing. Everything in me says he should be psychologically evaluated. If we have any chance at all to get him back in the light, it's going to take a strong therapist to help him through this as well as immediate physical nurturing . I was told by our choreographer that during the artists' costume fitting with his designer tonight they noticed how he'd lost more weight. As far as I can tell, there is no one taking responsibility (caring) for him on a daily basis. Where was his assistant tonight? tonight I was feeding him, wrapping him in blankets to warm his chills, massaging his feet to calm him and calling his doctor. There were four security guards outside his door, but no one offering him a cup of hot tea. Finally, it's important for everyone to know, I believe that he really wants this. It would shatter him, break his heart if we pulled the plug. He's terribly frightened it's all going to go away. He asked me repeatedly tonight if I was going to leave him. He was practically begging for my confidence. It breaks my heart. He was like a lost boy. There still may be a chance he can rise to the occasion if we get him the help he needs.

Sincerely, Kenny


Ortega said after he sent his email, he was summoned to a meeting at Jackson's house later that day. He arrived and met with Murray, Phillips and Jackson's manager. The doctor confronted him during the meeting, he said. Ortega added that he was at the home for 10 minutes.

"He was upset that I didn't allow Michael to rehearse the night before and that I sent him home. He said I should stop trying to be an amateur doctor and psychologist and be the director and allow Michael's ... health to him. I said it wasn't my choice. It was Michael's request to sit out and watch the show and I felt that was a far safer place for him to be."

Ortega said Murray assured him, sternly, that "Michael was physically and emotionally capable of handling all of his responsibilities for the show."

"I was shocked," the director added. "Because Michael didn't appear to me to be physically or emotionally stable, at that moment. I said to Michael, 'Michael, please tell the doctor that's not the way it went down & that this was something we agreed on together,' and Michael said, 'Yes.' I told him I loved him. I was concerned for his health and safety. He said, I'm fine Kenny, I promise you.' He gave me a hug."

The next scheduled rehearsal took place on June 23, 2009. The performers and stage equipment moved to the Staples Center, a larger venue that resembled the O2 Arena in London, where the "This Is It" concerts were to take place.

During the proceedings, jurors were shown a video of Jackson performing the songs "The Way You Make Me Feel" and "Earth Song" during his final rehearsals. Jackson's mother, Katherine, turned her head and she and the singer's sister, La Toya, cried as the video was shown.




"He entered into rehearsal full of energy, fill of desire to work, full of enthusiasm," Ortega said. It was a different Michael. I asked him if he was happy and he said he was very happy. He felt like we were accomplishing the dream."

Jackson also rehearsed on June 24, 2009 and appeared the same, he said, adding: "He asked me to thank everybody, to tell them that he loved them, the dancers, the singers, the crew. I told him that I loved him and he told me that he loved me more and I gave him a big hug and he left the building."

Ortega said the following day, on June 25, 2009, Paul Gongaware, a producer of the "This Is It" tour and co-CEO of AEG Live, told him by phone that Jackson had been taken to a hospital by ambulance. Gongaware then called him again to tell him that the singer was dead "we lost him" Gongaware said.

"It took a while for me to even feel my feet on the ground," Ortega said. "It was clear that everyone in the room was getting text messages and phone calls and that the word had spread. I called everyone to the floor ... the entire cast and we all joined in a circle and I informed them of Michael's passing."

Ortega said Jackson had decided to embark on his "This Is It" tour partially so that his children - Prince, Paris and Blanket, could watch him perform on stage. He had planned to bring them with him. They did not see their father rehearse, he said.

"He wanted to share what it is that he loved all of his life with his children," Ortega said. "He wanted to do it for his fans, who had been loyal to him, who he cared deeply about, he loved very much. He was excited that they were ... becoming big fans of his work, and now that they were of an age that they could really appreciate what it is that he did."

Ortega said Jackson had hoped to perform outside of the United Kingdom following his "This Is It" tour and also make more films, including a full-length feature of his music videos "Thriller" and "Smooth Criminal."






Next, Paul Gongaware, AEG Live’s Co-CEO, testified that he also met with an incoherent Jackson during rehearsals.

"He was a little bit off," he said. "His speech was just very slightly slurred and he was a little slower than I'd known him to be."

According to Gongaware, it was Michael who insisted on adding 21 extra shows to the "This Is It" schedule.

"The first 10 shows sold out and then Michael wanted to add another 21 shows making the grand total 31."

Gongaware testified that Michael was aware of the fact that Prince had performed 21 shows at the 02 Arena and wanted to add 21 additional shows in order to beat Prince's record. Altogether “we contracted 31 shows.”

Even after selling out 50 shows, there were approximately 250,000 people waiting to buy tickets – guaranteeing another 50 shows.

Gongaware testified that Jackson told him he wanted to hire Murray as his personal doctor for the tour.

Gongaware said he advised Jackson to hire a British doctor while he was in London.

"I didn't know Dr. Murray at all, but we were going to London and my preference would have been to hire a doctor in London that was licensed in London, that was connected there in case there were any problems," Gongaware said.

Gongaware said Jackson refused and insisted on hiring Murray anyway.


Gongaware testified that Murray was immediatelty on-board when he informed him that Michael wanted him to sign on as his personal physician for the tour.

Murray initially demanded an annual salary of $5 million(£3.2 million)because he would have to close his clinics. Gongaware told him “there was no way that was going to happen … Michael couldn’t afford it.”

Gongaware said he could hear Michael in the background saying "tell him 150" and when asked by Deputy D.A. Walgren, what he believed Michael to mean by 150, Gogaware stated $150,00 adding that Murray accepted the subsequent offer of $150,000(£96,000) a month.

Murray said he would need an assistant, equipment and housing in London, but told Gongaware he would not need to worry about not being licensed in London.

Gongaware recalled that at a subsequent meeting regarding Michael's health, that Murray was “very engaged”.




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