Jacksons vs AEG - Day 44 – July 8 2013 – Summary

Katherine and Rebbie Jackson is at court.

Dr. Stuart Finkelstein Deposition Video 

Dr. Finkelstein said he worked at Cerritos Family Clinic until 2 years ago with his ex-wife Petra Wong, now works at Stuart Finkelstein, MD. Dr. Finkelstein is a specialist in internal and addiction medicine. He described his experience and residency to the jury. He is a leader in treating addiction for over 20 years and he said he considers himself an expert. (ABC7)

Dr. Finkelstein was hired to work on the Dangerous Tour in 1993. He said he was in Bangkok, MJ performed a concert. After he performed, Dr. Finkelstein said he was requested to go to MJ's hotel room. (ABC7)

Boyle: Who hired you for Dangerous Tour? Dr. Finkelstein: Marcel Avram B: What was your role? Dr: To be the physician for the crew (ABC7)

Dr. Finkelstein said he was not hired to treat the artist. But in Bangkok, he was called by security. "He said you need to go to the principal." the doctor recalled. Dr. Finkelstein: He appeared to be in pain, I was put on the phone with his treating physician in Los Angeles, Dr. Alan Metzger. Dr Metzger said MJ was had severe headache, was in a lot of pain. Dr Finkelstein said he didn't remember if he was told what medicine to use. Dr. Finkelstein said he tried to give him a shot but his butt was so abscessed the needle almost bent. "I thought it was not safe," he said. Dr. Finkelstein administered morphine instead. In 1993, the doctor said he was not an expert in addiction. Boyle: But you were spending half of your time in addiction medicine? Dr. Finkelstein: I knew what I was doing and I was qualified, licensed. Dr. Finkelstein: I spent the next 24 hours in his room intermittently administering medication 'til MJ was capable going on stage in Bangkok. The doctor said he administered morphine and IV fluids. MJ was conscious and speaking. The doctor said they were watching 3 Stooges and having squirt gun fights. They talked about growing up in Encino on Hayvenhurst. Boyle: You became confident he was capable of going on tour? Dr Finkelstein: Bad question,I administered medicine until he could go on stage. Dr. Finkelstein watched MJ on stage and said he was able to perform. The second concert in Bangkok was postponed for one day. The doctor said the publicist told him to go on CNN and say MJ put so much effort in the show and was dehydrated. (ABC7)

Dr. Finkelstein said MJ had an opiate problem, dependency. Dr. Finkelstein: MJ had 100 micro gram duragesic patch on and there were 2 ampules of Demerol that were sent to him with another crew member. The doctor said he had someone he felt that obviously had received a lot of medication in the past, had a high tolerance to medication. Dr Finkelstein: It was early in my training, but it was obviously a concern for me. Duragesic is also called Fentanyl, another opiate. Boyle: You testified about 2 ampules – what were you talking about, the ampules of Demerol? Dr. Finkelstein: We are talking about natural opiates and synthetic opiates. The patch, the medication is absorbed through the skin. The doctor said the ampules were given to him by the make artist, Karen Faye. They were for MJ. (ABC7)

Boyle: There were four factors that lead you to believe MJ was an opioid dependent? Dr. Finkelstein: Yes, the patch, 2 ampules of Demerol from Karen Faye, observation that MJ had a high tolerance and scarring on his buttocks. "He had obviously had multiple injections in his buttocks prior to coming to Bangkok," Dr. Finkelstein said. (ABC7)

Paul Gongaware used to be the road manager for Rick James, Dr. Finkelstein said. He and Gongaware used to go skiing together. Dr. Finkelstein said Gongaware called him to go on a rock tour in 1993. The doctor would be paid by the promoter. (ABC7)

The doctor said he postponed the Bangkok tour. "I think we are going to have a problem," Dr. Finkelstein told Gongaware. Dr. Finkelstein said he told Gongaware he didn't want to be a Doctor Nick. Doctor Nick was Elvis Presley's doctor. Dr. Finkelstein said Elvis had about 14 different drugs in his system when he died. "You don’t want to overdose a rock star and have a rockstar die on you," Dr. Finkelstein explained. (ABC7)

Dr Finkelstein: When I tried to administer the medication and his butt was abscessed, I tried to give promoters heads up there was a problem.Hesaid he believed MJ had a drug problem. "But no one believed me," Dr. Finkelstein said. Dr. Finkelstein: I was not hired as an addiction specialist but a family doctor to come on tour. The doctor said they began believing him in Mexico City during the Dangerous Tour. (ABC7)

After Dr. Finkelstein treated MJ, an English doctor was brought in, Dr. Forecast. One day, Dr. Finkelstein said he returned from a pyramid trip and his suitcase with all the medication had been broken in to. Dr. Finkelstein said Dr. Forecast broke into his suitcase to get pain medications to give to MJ. Dr. Finkelstein said he wanted to detox MJ in Switzerland and go on tour. Dr. Forecast was the other doctor treating MJ. Dr. Finkelstein said he had enough medication for all 160 people going on tour, any scenario. (ABC7)

Dr. Finkelstein: The head powers got together. They called in Elizabeth Taylor to do an intervention and took MJ to a Hospital in London. Dr. Finkelstein said he didn't know exactly who the powers that be were. "He didn't collapse," Dr. Finkelstein said. "It seemed it was getting a harder and harder time to manage his pain." There was also a video deposition of MJ in Mexico City related to the Chandler child molestation case. The stress increased MJ's urge for opioids, Dr. Finkelstein said. Elisabeth Taylor personally went to Mexico City to deal with MJ. (ABC7)

Dr. Finkelstein said Dr. Forecast took care of the principal, Mr. Jackson. He does not know who was paying Dr. Forecast. (ABC7)

Finkelstein and Gongaware are friends, he said. Boyle: Did you discuss with Mr. Gongaware about MJ's opioid dependency? Dr Finkelstein: Yes (ABC7)

Dr. Finkelstein: I know that I administered pain medication one other time when Dr. Forecast was not available. "I saw Dr. Forecast administer pain medication in Mexico City during the deposition," Dr. Finkelstein said. Dr. Finkelstein said he and Dr. Forecast were in communications and Dr Forecast was concerned in being blamed for work done by previous docs. (ABC7)

Boyle: Is substance abuse a character flaw?
Dr. Finkelstein: No. I believe it to be either genetically pre-disposed, or people who get exposed to these chemicals their brain changes (ABC7)

"He was a sweetheart, kind, gentle, fun," Dr. Finkelstein said about MJ. "Based on my observation, he was kind to everyone." (ABC7)

Boyle: Gongware was aware of problems MJ was having? Dr. Finkelstein: Yes (ABC7)

Dr. Finkelstein said he and Dr. Forecast agreed that MJ needed an intervention and detox. (ABC7)

Dr. Finkelstein explained his name is out there as a "Rock Doc," so he gets call from show producers and promoters to work at concerts. (ABC7)

Dr Finkelstein testified Gongaware called him about two months prior to MJ's death and told him MJ was going to tour in London, wanted a doctor. Dr. Finkelstein said he was excited about it, wanted to be MJ's physician, had 5-10 conversations with Gongaware about it. Dr. Finkelstein said he asked if Gongaware knew whether MJ was clean. The answer was yes. The doctor explained he would not want to go on tour if MJ had drug problems. "I didn't want to be Dr. Nick," Dr. Finkelstein said. Gongaware told him MJ was clean and passed a physical exam for insurance. Dr. Finkelstein said he would charge $40,000/month, $10,000/week. He remembers Dr. Murray asking for a lot of money to go on tour. (ABC7)

Dr. Finkelstein said there are not lot of cases of Propofol dependency, since it is a drug that's really hard to get. He said the mortality rate in Propofol dependents is really high, about 80%. Most of the dependents are in the medical field. Dr. Finkelstein said people from all walks of live can become opioid dependent. (ABC7)

The doctor's brother, Bob Finkelstein, worked at Concerts West with Paul Gongaware. He knows Randy Phillips socially. (ABC7)
Dr. Finkelstein said there were not a lot of discussions about the tour, since he didn't get the job. "Michael wanted someone else," Dr. Finkelstein said Gongaware told him. "Gongaware was my friend, tried to get me the job, I didn't get it." (ABC7)

Kathryn Cahan, attorney for AEG, did cross examination Dr. Finkelstein said he would administer 50-100 mg of Demerol in MJ, on his buttocksThe doctor said there were several scars on MJ's buttocks, which led him to conclude MJ was dependent in opioids. Dr. Finkelstein said the Demerol was prescribed by Dr. Alan Metzger in the name of Karen Faye. The drug was not for her, though. Dr. Finkelstein said he gave MJ 10 mg of morphine. The usual starting dose is 2 -4 mg, but MJ had high tolerance to opioids. The doctor said he believed MJ was in pain every time the doctor administered him morphine. (ABC7)

Cahan asked Dr. Finkelstein is he ever administered Propofol to Michael Jackson. He answered no, laughing. Dr. Finkelstein said his interaction with MJ was very limited. Dr. Forecast was in charge of the artist. When other doctors, like Steve Hoefflin and Arnold Klein, would come to a concert to visit, the show would get delayed, Dr. Finkelstein said. "Everything was secretive," Dr. Finkelstein said, explaining seems like no one ever knew the whole story. "it was compartmentalized and people were separated and segregated," Dr. Finkelstein said. Dr. Klein -- would show up at concerts very frequently, Dr. Hoefflin came a couple of times, would spend the weekend, Dr. Finkelstein said. (ABC7)

Dr. Finkelstein was asked to treat MJ in Mexico City when Dr. Forecast wasn't around. MJ had back pain, Dr. Finkelstein gave him morphine. Dr Finkelstein said Narcan is antidote to opioids. He had it handy. "If I am going to administer medication I'm going to have a safety plan" (ABC7)

Dr. Finkelstein said he kept a journal of everything he did during the tour and he was backstage, his records were stolen. He said he left some records at his mom's house and purged MJ's record from 95 since he wasn't a patient for 7 years. (ABC7)
"Michael had a lot of pain, I administered a shot and left," Dr. Finkelstein said. (ABC7)

Finkelstein said he first suspected Jackson had a dependence on pain medications in 1993 while working on the "Dangerous" tour. He recounted spending 24 hours in the singer's hotel suite and administering morphine intravenously to deal with Jackson's pain.
He said he gave Jackson morphine during their first meeting because the singer's buttocks were scarred from previous unspecified treatments and he was concerned about giving an injection of the painkiller Demerol. He said he also noticed that Jackson appeared to have a high tolerance for morphine and had on a patch that administered another opiate drug. Finkelstein said he gave Jackson one other painkiller treatment before the "Dangerous" tour was halted after what he described as an intervention by Elizabeth Taylor and others in Mexico City. (AP)

Dr. Stuart Finkelstein said he was later asked by concert promoter AEG Live to act as Jackson's personal physician during the ill-fated "This Is It" tour in 2009 but wanted to know if Jackson was "clean." AEG executive Paul Gongaware said he didn't believe Jackson had any prescription drug issues, Finkelstein testified. Finkelstein said he and Gongaware had five to 10 conversations in 2009 about working on Jackson's "This Is It" shows. Finkelstein said he wanted $40,000 a month and was not hired. (AP)

Kenny Ortega Testimony

Before Kenny Ortega started testifying, judge heard arguments on whether he should be designated an “adverse” witness. Being classified an adverse witness doens't mean Ortega would be deemed hostile, just changes the way questions can be asked. Plaintiff’s attorney Brian Panish wanted him designated as an adverse witness, but AEG Live’s side said that was improper. The judge agreed the Ortega shouldn’t be deemed an adverse witness to start, but said she would revisit it depending on Ortega’s answers. Panish wanted the adverse witness designation because he claimed Ortega was an “agent” of AEG Live. The company objected to that label. (AP)

Jackson direct

Attorney for Jacksons Brian Panish did direct examination.

Ortega reviewed his deposition but did not read testimony given at Dr. Murray's criminal trial. Ortega said he read some articles about this trial. He also read Karen Faye's deposition, given to him by his attorney. The director was deposed in the Lloyds of London litigation for several days. (ABC7)

Panish asked what Ortega reviewed to prepare for his testimony. Ortega said he reviewed his own emails, Karen Faye’s deposition testimony, and his Conrad Murray criminal trial testimony. He said he didn't review his preliminary hearing testimony. Panish mentioned that Faye’s deposition was seven days, which drew an objection from Putnam. The lawyers sniped over how many days it lasted. Putnam also objected a couple times to Panish’s questions, saying they were leading. Judge overruled objections. Panish then told Ortega, “They’ll be objecting, so try not to let that distract you.” (AP)

Panish and Ortega then went over how the choreographer’s contract for the “This Is It” came about. (AP)Ortega said he had a contract with AEG Live. "I was working in communication with them," he said. For certain things, Ortega said he reported to Paul Gongaware and Randy Phillips. Ortega said his agent and attorney negotiated his contract with AEG Live. Gongaware represented AEG Live. Ortega said at one point his rep said the negotiation turned from AEG Live to Michael Jackson. He doesn't know the details, though. (ABC7)

Ortega was having trouble hearing Panish and at one point asked him to speak up. Ortega had trouble with a couple questions. Ortega: “I actually have hearing loss, so it’s not your fault.” Panish started speaking up, but proceedings became less tense. (AP) Ortega said he has earring loss, so he can't hear well. He asked Panish to speak up. (ABC7)

He said he's a director, choreographer and sometimes producer. "My role in This Is It, I was Michael's creative partner in the show." Ortega said for the creative part, he reported to Michael and to AEG regarding budget or scheduling. Ortega said AEG was Michael's partner in promoting and producing TII, and they were financers of the project. (ABC7) Panish asked Ortega about “This Is It” and his role on the shows. The choreographer said he was Michael Jackson’s creative partner. Ortega added that he reported on financial and scheduling issues to AEG Live. He says he kept them updated on the “creative growth.” (AP) 

Panish asked whether Ortega has worked with AEG Live since “This is It.” He has, he worked on Rolling Stones’ recent tour. (AP) The director said he was called by Mick Jagger to work on the 50th anniversary tour, working with AEG. Ortega: I believe Mick Jagger just made me an offer and we accepted it. My agent called me, daily offer, I accepted. Ortega's rep dealt with Paul Gongaware in The Rolling Stones tour. (ABC7) Ortega said he saw the Stones’ show when it was in LA. He saw and talked to Paul Gongaware at the show. Ortega said he saw Randy Phillips at the Stones’ show as well, but they didn’t speak. Ortega said he's friends with Gongaware, Phillips. Panish asked Ortega whether he was friends with Michael Jackson. The choreographer said yes. (AP)

Panish: Do you consider yourself friend with Gongaware? Ortega: Yes
Panish: Do you consider yourself friend with Randy Phillips? Ortega: Yes
Panish: Do you consider yourself friend with MJ? Ortega: Yes (ABC7)

Ortega was originally named a defendant in this case. Panish asked if he knew why he was dismissed from the suit. "I'm not an employee of AEG," Ortega responded. (ABC7) Panish mentioned that Ortega was originally a named defendant in the suit. He asked if Ortega knew why he was dismissed. He said yes. The director said he believed he was dismissed because he wasn’t an employee of AEG Live. (AP)

Panish then asked Ortega about his biography. He was born in Redwood City, Calif. and grew up in San Mateo County. He talked about seeing the Jackson 5 in local theater when he was growing up. He saw Michael Jackson after the show. Ortega: “Michael was walking through the backstage and he made eye contact with me. ... I was in just in such awe of him and the brothers.” “It was such a momentous moment for me, it was like being touched by a star,” Ortega said of seeing Michael Jackson. Panish then asked Ortega about his credits. He’s directed films in the “High School Musical” franchise, “Newsies.” He also did the choreography for “Dirty Dancing,” the Chicago parade scenes in “Ferris Bueller’s Day Off” andMadonna’s “Material Girl” video. Panish played clips from all of the movies and Madonna video mentioned above to show off Ortega’s credentials. (AP)

Ortega said he is from Redwood City, CA, grew up in the Bay area. Ortega said he started dancing when he was 4 years old. There was always music at his house, watched his parents dance. He opened up his own theater company when he was 18. Ortega said around 1963-64, Michael was walking through backstage they made eye contact. "He looked at me and smiled. I was overwhelmed," Ortega said. Ortega: I was in such awe of him and the brothers. It was such a momentous moment for me, it was like being touched by a star. Choreographer creates the dance steps, movements in a stage show or concert or musical, Ortega explained. Ortega said he didn't do the choreography for the This Is It tour. It was lots of people, some was classic and belonged to MJ for some time. Travis Payne was MJ's partner for the new choreography in TII. Ortega worked on High School Musical 1, 2 and 3, Dirty Dancing, Newsies, Pretty in Pink, St. Elmo's Fire, etc. Ortega did choreography for Cher, Madonna, Kiss, Diana Ross, Barbra Streisand, Bette Midler. Panish showed a video clip of Madonna's "Material Girl." Ortega has been asked to do a new "Dirty Dancing" but he's not sure it will happen.Panish showed excerpt of it with Patrick Swayze and Jennifer Grey; snippet of "Newsies," 1st full-length picture he directed/choreographed. Panish showed clip of High School Musical. He directed and choreographed 1, 2 and 3. HS Musical 1 and 2 were released on TV only, 3 was a movie. "It was the number one opening weekend of any musical ever," Ortega said. (ABC7)

Michael and the children went to see High School Musical in Las Vegas. Panish: How did it make you feel? Ortega: (long pause) I'm speechless, I can't think P: Was that a big thrill? O: Beyond. "I know for sure Paris was singing, they were all standing and enjoying it," Ortega recalled. MJ went backstage. "The cast, they were just crying, and screaming, and just speechless," Ortega said. "He was very generous, very sweet and kind to everyone," Ortega said about Michael Jackson. (ABC7) Ortega recounted when the “High School Musical” live tour played in Las Vegas, Michael Jackson brought his children to the show. Prince, Paris and Blanket stood throughout the show, clapping and singing along to some of the songs, Ortega said. Ortega recounted the cast’s reaction to meeting Jackson. “They were just crying, screaming and speechless,” Ortega recalled. (AP)

Ortega choreographed the 96 Olympics in Atlanta, 2002 Winter Olympics in Salt Lake City, Super Bowl half time, World Cup. Ortega: Choreography is about the movement of the human body, technique, dance language, physical, how to instruct (ABC7)

Ortega first met MJ in 1990. "MJ called me to help mount the Dangerous Tour," he said. "I felt incredible, he was the greatest performer on the planet and as far as I'm concerned. The greatest song and dance man ever." He said he was co-director of Dangerous with MJ. MJ had a ton of ideas, asked him to realize those on stage. "It was exciting, stimulating, awesome," Ortega said. Ortega described Michael Jackson: Musician: world class Singer: one of a kind Dancer: the best. (ABC7)

The choreographer recalled MJ calling him in 1990 to work the “Dangerous” tour. Ortega said he was excited to work with Jackson. “He was the greatest performer on the planet as far as I was concerned.” Ortega was very complementary of Jackson. “I think he was the most influential dancer for generations of kids,” he said at one point. Panish then played the opening of the “This is It” concert film. It’s the part featuring the backup dancers talking about MJ’s influence. He said Jackson said “This Is It” was primarily Jackson’s vision. “He wanted to rock the world, he wanted them to know he was back.” Panish then showed Ortega the opening of the “Dangerous” tour. Jackson popped up on stage, stood there for several moments. Ortega explained the effects. Jackson emerged from a “toaster” _ a device that “popped you up like a piece of toast.” Jackson’s long pause on stage _ to an endless cheer _ was what the singer would call “milking the crowd,” Ortega recalled. He said Jackson differed from some other performers. He wanted his concert openings to be huge. Panish asked Ortega whether he knew that Jackson donated “Dangerous” profits to charity. Ortega said he didn’t know that. The lawyer also wanted Ortega to describe one of Jackson’s trips to an orphanage in Romania. Ortega said he didn’t recall the visit. (AP)

Ortega has worked in the industry for over 40 years. Panish asked Ortega how MJ influenced other dancers. "Like no one else in his generation," Ortega said. "I think he was the most influential dancer for generations of kids still even today. Panish showed clip of "This Is It" movie showing the young dancers who had been chosen to dance with MJ and how he influenced them. Ortega: It was primarily Michael's vision that I shared. He wanted to put on the greatest show that anyone had ever seen. "He wanted to rock the world," Ortega said. "He wanted to let them know he was back." The opening of the show was significant to MJ. He wanted the audience to think how will be able to top that!, Ortega testified. "He always wanted something that was world class and thrilling," Ortega said. Ortega helped prepared the opening of the Dangerous tour in 1992. Michael would enter the stage in what they called "toaster." The "toaster" popped up and gave illusion of flying. Ortega said MJ would then stand still on stage for a few minutes. "He would call that milking the crowd," Ortega explained. "He knew how to work the crowd better than anybody." Panish showed clip of opening of Dangerous. "It was one of the most spectacular openings that anyone has seen or done," Ortega said. "It left people breathless," Ortega said. MJ went to an orphanage in Romania before going to his hotel. Ortega said MJ didn't want to do the show before the orphanage was cleaned up. MJ wanted to make sure every child had what they needed, Ortega explained. Ortega said MJ wanted to improve the human condition for children around the world. (ABC7)

Ortega was asked whether he knew if Jackson was addicted to painkillers on the “Dangerous” tour. He said he didn’t know. Ortega said he didn’t know, even up until today, that Jackson had problems with painkillers during “Dangerous” shows. (AP) Panish: Did you know Michael was dependent on painkillers? Ortega: No P: Never heard of that? O: No P: To this day? O: No (ABC7) The choreographer said he had no role in ending “Dangerous” tour. Ortega said he knew Jackson suffered pain, but never saw him take meds. Ortega was asked at one point whether he ever saw Jackson act different after doctor visits. He said yes.He described MJ as "off." (AP)

In 1995, Ortega was acting as a consultant to MJ for an event at Beacon Theater in NY. Panish: Did you ever become aware he was not well? Ortega: He was unhappy. Ortega: He called me in because he was unhappy with what was going on with his classic choreography, he didn't want it to be changed. Ortega said MJ fainted and the show was cancelled. Panish: Can we say he collapsed? Ortega: Yes. MJ was then transported to the hospital by ambulance. "It could've been exhaustion, I don't know, I don't recall," Ortega said. (ABC7) Ortega was also asked about preparing Jackson for shows at NY’s Beacon Theatre. He was asked whether he grew concerned about MJ’s condition. The choreographer responded that he knew Jackson was unhappy. He said MJ told him he was displeased because of changes to his dance moves. Ortega: “He didn’t want some of his work changed.” He was there when Jackson collapsed on stage. Ortega described the incident this way: “It appeared that he fainted and the show was canceled.” Panish asked him whether it would be fair to say he collapsed. Ortega replied, “It could have been.” He said he knows Jackson was taken by ambulance, but didn’t know more details. (AP)

The pair next worked together on the “HIStory” tour. Ortega said he never had any problems working with Jackson. He said MJ described any differences as “creative jousting.” (AP) In "HIStory" tour Ortega and MJ were co-creators & co-directors. "We used to call creative jousting," Ortega described the creative process. Ortega: We didn't always agree on 100%, we allowed ourselves to have creative joust, to play with the ideas and allowed it to ripe. Panish: Was his creativity or demeanor different? Ortega: He was still inspired, raised the bar on himself and on everyone working with him. Ortega: The video used for the show would have subtitles saying love one another, take care of the planet, take care of the children. (ABC7) 

Ortega said he went on first 6 or so dates on both "Dangerous" and "HIStory" tour. He explained it was the normal amount. (ABC7)

Panish showed video of "HIStory" tour opening. Ortega said MJ wanted his music to inspire change in the world. "Greatest example of it is Man in the Mirror," Ortega said. "Change needs to happen within each of us for a change in the world to happen. Ortega said the song "What About Us?" showed Michael's deep concern about healing the planet. "And that went deep," Ortega said. Panish showed clip of Earth song. Ortega talked about shows that MJ did for charity. (ABC7) Panish then played the opening video from the “HIStory” tour, which uses computer animations to show Jackson in a pod. The pod went on a roller coaster track through historical places (the Sphinx, Chrysler Building) and historical events played. When the video ended, a pod rose from the stage and Jackson appeared. He shed his helmet and suit and began dancing. Ortega said it was important to Jackson that he inspire change. (AP)

He was then asked about the Munich show, when a bridge fell with MJ on it. Jackson continued performing, but Ortega said he was taken to the hospital after the show. MJ reported back pain after that. (AP) Ortega: In Munich, Michael was on a set held up by cables. During the big conclusion of Earth song there was a bridge supposed to float down. Ortega said because an improper cable replacement, the bridge came down faster that it was supposed to. "I know he hurt his back," Ortega said. MJ jumped up and went back on the stage. "The show must go on." Ortega said he thinks MJ had back problems afterwards. But the director said he never saw MJ take medication. (ABC7)

Panish: Did you observe MJ different after seeing a doctor? Ortega: Yes P: Please explain O: Off, a little off P: Loopy? O: Yeah. "He was a little... off, loopy," Ortega said. Panish: Did anyone tell you they thought MJ was 'assisted' with something? Ortega: No. Ortega: The scalp burn, I didn't know he was taking medication for it, I knew he was injured from the Pepsi commercial. (ABC7)

Ortega said TII was going to be in London and there was hope for international tour. Ortega: If the show were to go on to other countries, then I would receive royalties, yes (ABC7)

Panish started asking about preps for “This Is It.” AEG Live reached out to Ortega about working with Jackson on the London shows. A few new emails were displayed before court ended. (AP) Ortega said Paul Gongaware and John Meglan were the ones who contacted him about being part of the TII tour. Email on Feb 10, 2009 from Gongaware to Ortega was the first email the director remembers about the TII. Ortega said MJ kept referring to the tour as "This Is It," so Ortega suggested the tour should be called TII. At this time, Ortega was working on development of movie for Paramount, "Footloose" remake. He was going to direct it. At times, Ortega said he can work in multiple projects, but once one takes off he needs to be exclusive to it. (ABC7)

Ortega said Randy Phillips never told him what happened before the TII press conference with Michael Jackson. He said had he known, it would have had an impact on whether to go forward with TII. "I didn't know anything had happened and I wasn't there, so there wasn't anything to be surprised about," Ortega said"Honestly, I didn't even know if it was for sure," Ortega said. He testified in his depo he was surprised Phillips didn't tell him anything. (ABC7) Panish asked Ortega whether Randy Phillips told him about Jackson’s behavior before the “This Is It” press conference. Ortega said no. Ortega said if he had known about Phillips’ description of Jackson being despondent, it might have impacted his decision to work on show. (AP)

Panish then showed a couple new emails between Ortega and Paul Gongaware. They were about the “This Is It” ticket sales. Gongaware email to Ortega: “Blew out 30 shows today on the presale. Hot doesn’t begin to describe it!" Ortega replied: “I’d say we’re off to a good start LOL congrats to all at AEG!” In another email from March 13, 2009, Gongaware told Ortega they stopped selling tickets at 50 shows. The men also planned a meeting with Jackson at Sony Studios to show off some new effects, the second email showed. AEG Live objected to the emails, saying they weren’t on the exhibit list. Jackson attorneys said they were. (AP) 

Email on 3/12/09 from Gongaware to Ortega: Blew out 30 shows today on the presale. Hot doesn't begin to describe it. Ortega responded: I'd say we are off to a good start. Congrats to all. Gongaware responded: We stopped at 50 sold out shows at the O2 arena. Demand was there for another 50. This is history and you're part of it. Ortega responded: Yeah! Good for MJ, God knows he's been out through as much negative as any one person should have to go through. Great news, I couldn't be happier for the Team. (ABC7)