March 28, 2024

Promoter Ignored Ill Singer, Jackson Family Lawyers Say

Lawyers for Jackson’s mother and three children say they believe that the messages show that AEG Live, the promoter of the concerts, ignored warnings of the star’s bad health and were negligent in the hiring and supervising of Jackson’s doctor, Conrad Murray.

The promoter contends that Jackson himself hired Dr. Murray. The trial, now in its sixth week, continued on Wednesday with Randy Phillips, AEG Live’s chief executive, sparring with Jackson’s lawyers in what Mr. Phillips called a “game of gotcha.”

Early testimony in the trial focused on reports of Jackson’s failing health from some of his longtime collaborators. But as several AEG executives have been called to the stand in recent days, lawyers for both sides have delved into the communication behind the scenes at the company.

The e-mails offer a glimpse into how business was conducted around Jackson, with huge sums of money at risk and layers of security guards, assistants and other intermediaries separating the singer from everyone else.

In a message sent six days before Jackson died, Kenny Ortega, the director of the concerts, complained to Mr. Phillips that while four security guards waited outside Jackson’s door as Jackson sat with fatigue and a “terrible case of the chills,” no one offered him a cup of hot tea.

In other messages — some with subject lines like “Trouble at the Front” — AEG employees called Jackson a “basket case” and said he was unable to hold a knife and fork. Some expressed doubt that Jackson was capable of performing the planned 50 concerts in London.

Paul Gongaware, AEG’s main supervisor for the shows, was asked by the Jacksons’ lawyer, Brian J. Panish, whether the e-mails caused him any concern.

“No, not particularly,” Mr. Gongaware replied. “I didn’t have a particular concern.”

Lawyers for the Jacksons have said that they may seek more than $5 billion in damages, based on estimates of Jackson’s earning potential had he lived. AEG Live is part of a sports and entertainment group controlled by the billionaire Philip Anschutz.

The messages also reveal how differently Jackson was handled than almost any other figure in the business, both for his status as a top star and his reputation as a mercurial talent who needed special attention.

“The problem with Michael Jackson, and probably a lot of other major stars, is that there’s no one in their life who can tell them no,” Gary Bongiovanni, the editor of Pollstar, a concert industry trade publication, said in an interview. “If they do, they disappear.”

At the trial, Jackson family lawyers also challenged the AEG witnesses’ occasionally spotty memories. Over six days on the stand, Mr. Gongaware repeatedly said that he could not remember e-mails, including one in which he wrote of Dr. Murray, “We want to remind him that it is AEG, not MJ, who is paying his salary.”

Some of the most heated questioning in the trial has been of Mr. Phillips. After being called to the stand on Tuesday afternoon, he was asked by Mr. Panish whether he believed the case was a “baseless shakedown” of AEG Live by the Jackson family.

“Yes,” he replied, adding: “I wish you would stop calling it a baseless shakedown because it’s so derogatory.”

A central question in the case is whether AEG or Jackson hired Dr. Murray, who was convicted of involuntary manslaughter and is serving a four-year prison sentence. Dr. Murray’s contract was not signed by all parties, and while AEG had agreed to pay the doctor $150,000 a month for his services, the company has said that the fee was to have been an advance on Jackson’s earnings from the shows.

A sad aura fell over the proceedings early Wednesday when it was learned that Paris Jackson, the singer’s 15-year-old daughter, had been rushed to the hospital in connection with a possible suicide attempt. One member of the Jackson legal team wept in the courtroom once the news came during a break in the hearing.

Outside the court, reporters flocked around Marvin S. Putnam, a lawyer for AEG, who said he could not speculate about Ms. Jackson. “It’s horrible to hear,” he said. “As Mr. Phillips rightly said on the stand yesterday, this entire thing is incredibly tragic.”

Jens Erik Gould and Rebecca Fairley Raney contributed reporting.

Article source: http://www.nytimes.com/2013/06/06/business/media/promoter-ignored-ill-singer-jackson-family-lawyers-say.html?partner=rss&emc=rss