Jacksons vs AEG - Day 81 – September 18 2013 – Summary

Judge Yvette Palazuelos ruled that closing arguments and possibly verdict will take place in a much larger courtroom. The trial will move to the same courtroom where jury selection was done in order to accommodate whoever wants to see the proceedings live. The ruling came with objection of AEG’s attorneys who wanted to keep everything in the small courtroom the trial took place over last 5 months. During deliberation, the jurors will be partially sequestered. They will have special arrangements for arrival and departure. Jurors will have a room to eat lunch that doesn’t require them to mingle with anyone else. Judge said minimum of 3, up to 4 hours for closing for each side. Closing arguments to begin Monday at 10 am with plaintiffs. Closing for defense Tuesday at 10 am. Rebuttal on Wednesday — not sure how long Panish will take. Best envision to finish pre-instruction Friday by noon, closing Monday, Tuesday and Wednesday, concluding instruction after rebuttal. Judge: After it’s done, staff and security will need 1 hour and 1/2 with the jurors prior to the commencement of deliberations. According to this plan, jury could get the case late Wednesday or Thursday of next week.Court staff gave jurors October calendar, they are to check it and bring back tomorrow.

Allan Metzger Video Deposition

Transcript of Metzger Video Deposition: http://www.scribd.com/doc/170494973/Dr-Allan-Metzger-Deposition-Transcript

Video deposition of Dr. Allan Metzger resumed. He said he doesn’t recall if he treated MJ for insomnia in the 80s, needed to look at records . 

He doesn’t think Doctors Klein or Hoefflin were present in the HIStory tour. Putnam asked about Dr. Neil Ratner. Dr. Metzger: Ratner was an anesthetist from NY. I don’t remember how he got involved with Michael. Michael would seek out avenues of sleep helpers, Dr. Metzger said. “That’s was another aspect of the secrecy.’ Metzger: I never knew what he was doing at times that he wasn’t in LA, and probably he did things in LA I don’t know or Klein doesn’t know

Michael had several aliases for confidentiality, one was Omar Arnold, Joe Michaels, there might be others I forgot about, Dr. Metzger said.

Dr. Metzger first met MJ in 1993, treated him for lupus, medical issues, back issues or leg issues. He said he doesn’t remember anything particular unusual or remarkable, except helping him sleep.

There were many surgeries related to the injury with fire, Dr. Metzger said. 

Karen Faye was the most constant person who was around MJ all the time, Dr. Metzger said. “To me she was the most constant companion.” 

MJ was mostly vegetarian, except for fish, the doctor testified. “He was adamant about proper nutrition.”

I was aware he was given Demerol for procedures in the office, Dr. Metzger said. He said he became concerned because of the pain threshold, knew something needed to be done. Metzger: I heard concerns from Karen, Debbie, Hoefflin, Klein, Michael was doctor shopping and took pain medication a normal person didn’t. Dr. Metzger: I think I told MJ this pain threshold was not average. I do recall prescribing something in Faye’s name, I don’t remember what. Dr. Metzger: There was so much anonymity in MJ’s world. This was not around the time of MJ’s passing.

Medical record from 8/18/93- Dr. Metzger saw MJ at Century City house for temperature over 100 degrees. He had viral influenza complaint and severe scalp pain and headache. “I remember he was very sick,” Dr. Metzger said. Elavil was used for sleep, raise the pain threshold, the doctor said.

Aug 21, 22 and 23 of 1993: no communication from MJ or doctors, Dr. Metzger wrote on chart. 8/24/93: Dr. Metzger said the message was that he was in pain. “I don’t know if medication was given to him.” 8/25/93: MJ called, sleeping problems, depression, beginning of tour. “He wasn’t able to sleep” Metzger said. 8/26 to 8/29/93- no contact. Dr. Metzger said there are several medications that are analgesics but not narcotics. 7/17/95 – seen in the office as emergency for severe chest and upper back pain, anxiety, shortness of breath. Somewhat tearful at times related to severe pain, the doctor wrote on the chart. There were many times he came in as emergency or at the end of the day, Dr. Metzger said. 

Dr. Metzger: His neuro receptors, his brain, would detect a grade 7, 8, 10 when average individual would have 3, 4, 5. Clearly it’s a neurochemical issue, but I don’t know exactly, he said.

Dr. Metzger said MJ had a documented arrhythmia after he collapsed during the HBO special in NY. I don’t think it was a pain thing, I think it was exhaustion and dehydration thing.

8/25/96: patient seen/examined for world tour. The doctor said MJ needed a physical for the people in charge of the tour. Sometimes they would want a note, or form, or check list. Medications MJ was taking at the time: Low dose of Xanax – depression and helps sleep, Ambien – sleep only , Dalmain – very mild sleeping med.

Dr. Metzger said MJ asked him to come on tour to be in his wedding.

After MJ collapsed during the HBO special, Dr. Metzger went to NYC for 3 or 4 days to be with Michael. He was dehydrated, he had a gastroenteritis (stomach inflammation with diarrhea), Dr. Metzger testified. Dr. Metzger said MJ lost 7 or 8 pounds after each performance, he weighed him to prove MJ needed to drink more fluids.

7/13/1997: letter from Dr. Christian Stole from Munich with lab data of Omar Arnold from 7/5/97 saying Dr. Metzger talked to professor Peter. I recall the stationary and the letter, but I don’t remember professor Peter, Dr. Metzger said. He claimed he never discussed with the German doctors treatment for MJ. 

I believe I never gave him Demerol, Dr. Metzger said. Putnam: Did you prescribed it to him? Dr. Metzger: That’s the same thing, no Dr. Metzger: Demerol is addicting if used in high doses for a period of time, usually used after surgery. People who are in constant pain require Demerol or its cousins, the doc explained. I believe on one occasion I prescribed Vicodin, don’t remember Percocet, no Demerol, the doc recalled. He said he prescribes Demerol in hospital setting. He had 2-3 chronic pain patients on oral Demerol. “It’s good for post-operative pain.” Dr. Metzger said Demerol produces sedation, lethargy, could suppress their breathing, could get a rash and dependency.

I recall Hoefflin trying to get more involved in his care, Dr. Metzger testified. Dr. Metzger: Debbie was in constant assistance when MJ was under the care of Dr. Klein. That was the beginning of their relationship.

Dr. Metzger said he didn’t have any conversation with Mrs. Jackson about MJ’s drug use. But he said he recalled discussion with Janet once. Janet was concerned MJ’s back was going out too much and be was taking pain meds.

Dr. Metzger never discussed addition with MJ. He said he expressed he wished MJ didn’t use pain medication when he saw Drs. Arnie or Steve. Dr. Metzger: I think I heard from Arnie he was also trying to reduce the pain meds, but he just accommodated the situation, I guess.

Dr. Metzger never participated in any intervention to help MJ quit drugs. “He liked painkillers when he was in pain,” he said. I saw that with back issues, knee issues, headaches, he said. “It worked, he was a big baby, he didn’t want any pain.” Dr. Metzger is not aware of MJ seeing pain specialist, never recommended one.

The doctor was never aware of MJ’s use of Propofol. “I was never aware of anyone using that medication other than Murray.”

Sept 18, 2002: insurer sent somebody to Dr. Metzger’s office to see him draw MJ’s blood for lab test. MJ was taking no meds except MS Contin for severe back pain. It’s a narcotic, cousin of Demerol, the doc explained.

Dr. Metzger: Over the years, MJ had numerous plastic surgeries, some a, some b, some nasal. Dr. Metzger: I didn’t know in advance about the great majority of his nasal surgery.

June 2003: MJ to have anesthesia for collagen injection, pre-op examination by Metzger. Dr Metzger: That was the first time to my knowledge that he was given anesthesia for collagen. They must’ve planned major amount of collagen. Dr. Metzger does not recall any other patients needing clearance for collagen injection. Putnam asked if that happens frequently: “Virtually never,” Dr. Metzger responded.

Dr. Metzger said he would often ask MJ who was prescribing him drugs. He was secretive about medicine, secretive about procedures, secretive about all that stuff. Dr. Metzger: I was worried someone would give something that would mix with something else. Dr. Metzger: He took great joy in making it a surprise to everyone. I don’t think he thought it was serious. The doctor said MJ’s knowledge about medications was not really sophisticate. He knew what he wanted done, though.

June 12, 2008: Dr. Metzger said he did not see MJ for 5 years. MJ called. The doc said he sounded alert and when not under stress he takes Tylenol pm for sleep. I was shocked to hear from Michael, that he was in Vegas, Dr. Metzger said. I don’t recall him calling for a prescription, I was really happy to hear from him, the doc said. Dr. Metzger: I personally missed him, liked seeing Michael and dealing with him. Dr. Metzger: He was great, a little more boisterous than his normal self, sounded great. Normally he could sleep with Tylenol pm, Dr. Metzger explained. “Under stress, God only knows what he needed to sleep.”

Next time they spoke was Feb 26, 2009. That’s when MJ told him about upcoming major events in Europe and London. I think it was more of an anxiety call, how he was going to deal with all the 30-50 shows, the doc said. Dr. Metzger: I think he was fearful because this is it, he needed to do something he had never done before. Dr. Metzger: He had a lot of pressure from himself, media and people who he was working for. He wanted to redeem MJ, the doctor explained. “To redeem his image, he felt this was it, and he wanted to go out with a flash.” Dr. Metzger: I think he was still terribly hurt about the criminal trial and accusations. Dr. Metzger: He was one of the most recognized names in the world and I think he wanted to stay that way . T he doctor said MJ was excited and scared about “This Is It.” It was a positive call, an informational call, he remembered. The doctor said they talked about some different maneuvers. “I suggested hypnosis, he tried acupuncture years ago and it didn’t work.” Dr. Metzger said it was nutritious and hydration concern.” I was really reminding him about the ordeal he was about to face.” Putnam: When you saw the announcement, what did you think? Dr. Metzger: He looked great! Dr. Metzger: He seemed in good shape, it seemed very exciting to him. Metzger said MJ would be in London, maybe he should look for a sleep physiologist there to help him. He said MJ didn’t think he needed one.

MJ never mentioned Dr. Murray to Dr. Metzger, never met him until the criminal trial. Dr. Metzger: I do remember saying ‘we’re going to help you find someone to help you sleep during these performances.’ The doctor said MJ had some chronic back pain off and on. There was no discussion about Demerol.

April 18, 2009- Dr. Metzger visited MJ at Carolwood home. “Michael called me, and said he wanted me to come visit him. I was ecstatic!” I missed him, wanted to see the kids and how they were growing up, was very close to the children when young, the doc testified. Dr. Metzger said he recalled they let MJ sleep late, began rehearsal at 11/11:30am. But worked late and MJ had trouble sleeping afterwards . He was excited and stressed, it was a huge task, Dr. Metzger said. He was excited to do a great job, excited to come back into the public arena in good light. The doc said MJ joked about getting older, 49. Dr. Metzger: He looked great, he looked trim. You can’t say skinny because he was muscular. He was ready to go. The doctor said he expected MJ to have a profound sleep issue during the tour. We talked about someone in London, he never mentioned he already had someone on board, he explained. Dr. Metzger said he talked to some doctors at Cedars, asked if anyone had recommendation of sleep physician in London. He wanted some intravenous medicine that would put him to sleep, Dr. Metzger testified. “I can’t sleep without something special. The doctor alerted him about potential life threatening: he could overdose, allergic reaction in a hotel, could be given wrong medication. It just isn’t the right thing to do Dr Metzger told MJ. He said it was a 5-10 minute talk, and he had no concept whether he was successful This was the last time Dr. Metzger saw MJ. He had great fears about responsibility of tour: dehydration, back injury and sleeping. Dr. Metzger: I had used the expression “juice” because MJ would use that, it was a nickname he used for sleeping meds. Dr. Metzger: It was definitely a word he made up years ago. He used the word not often but when things got difficult. 

The doc told MJ he was going to find people to help then drove off putting the top of his convertible down. He said the kids loved his car

Putnam read names of several physicians and asked Dr. Metzger if he knew them. “I told you he was a doctor shopper,” Dr. Metzger said. The doctor said he purges records after people don’t go back for 3, 4 years. He said he never altered MJ’s medical records. Dr. Metzger said Dr. Hoefflin wrote a plan, 20, 30, 40 pages long, to help MJ with his nutrition and medication. “I think I threw it away.”

Dr Metzger said he had a very close relationship with Michael and the children. “Whenever I was with them, I have seen a lot of interaction” Q: Did he love his children? A: Immeasurably Q: His children loved him? A: Same thing. He loved his mother greatly, Dr. Metzger said. “I’ve seen him generous to strangers, to hospitals, institutions, people on the street…” MJ has been generous to me, cordial to my family, a real compassionate human being, the doctor said. Q: Was he generous to his children? A: Definitely Q: Generous to his mother? A: I think so

Dr. Metzger: MJ was shy, but yet not really shy, I think the shy was an act. Fun to be around most of the time. Dr. Metzger: I know his love and care for humanity. I just viewed him as a very wonderful, special person. Dr. Metzger: I never saw him be demeaning to anybody, always trying to be generous and kind.

Dr. Metzger said he was surprised Dr. Forecast going along on tour with MJ then Dr Ratner on HIStory tour and yet another doctor on TII tour 

That concluded video testimony of Dr. Metzger. After the break, Marvin Putnam told the jurors AEG has rested their case.

Jackson Rebuttal Case

LAPD Detective Scott Smith

Jackson direct

Brian Panish did direct examination.

Det. Smith is employed by LAPD. Currently assigned to Robbery Homicide Unit. He has been there for approximately 3 years. He knows Det. Orlando Martinez, within the same department. He has worked on more than 200 homicide investigations. He was working the day MJ died. He was notified to go to UCLA MedicalCenter along with Det. Martinez. Det Smith brought a large binder with him. He said at UCLA he met with Jackson’s security team, police officers then went to Carolwood house. 

Panish: At this point, was it a death investigation or homicide? Det. Smith: It was a death investigation. 

Det. Smith said about two months later the coroner determined the death was a homicide. He said he served subpoenas to find out motive. He got together with the District Attorneys office to investigate further. Det. Smith: In Dr. Murray’s car we found a contract between him and AEG that also had name of Michael Jackson. Det. Smith interviewed Kathy Jorrie. He said she had contact with Murray in regards to the contract, may had been responsible for drafting it. Det. Smith had a search warrant from the Coroner’s office to enter Dr. Murray’s car. “It was going to motive,” he said. He said he was looking into Dr. Murray, who was more than a person of interest, he was a suspect in this case. Det. Smith: Information that was obtained revealed that Dr. Murray financially was in ruins. The detective said Dr. Murray’s house was about to be foreclosed, he was in rear of child support for multiple children by multiple women. 

The detective interviewed Jorrie on Feb. 22, 2001, took notes. Putnam was present. “I believe he was there to see what we had to say.” Panish showed picture of Kathy Jorrie. Det. Smith recognized her and Putnam for the record. Det. Smith said Jorrie answered most of the questions. Putnam was standing at the back of the room. Panish reads transcript from Jorrie’s testimony where she was asked if she told LAPD that MJ was going on a 2 to 3 year world tour. Panish: Ms. Jorrie denied making the statement, correct? She did state that there was going to be a world tour that would last 2 to 3 years, Det. Smith testified. Det. Smith said he wrote the information down as part of the statement and still has it, brought it to court. Panish: Is there a question in your mind that she said that? Det. Smith: No question whatsoever. Ms Jorrie and Mr Putnam stated this was only the beginning that MJ would go on a world tour that would last 2 to 3 years, Det. Smith wrote. Mr Putnam and Ms. Jorrie said the European tour was just the beginning… Det. Smith typed in the police log. He also typed: “MJ was going to do a world tour that would last 2 to 3 years.” Det. Smith said he takes notes contemporaneously as the interview is being taken. He types the notes once back at the office. Jorrie agreed to meet with the police, Det. Smith said. He said she was very cooperative.

AEG cross

Jessica Bina did cross examination then.

Det. Smith said he writes down a summary of the interview, not like a court reporter. “I’d imagine some things are missed,” he said. 

Bina: Do you recall word for word what Ms. Jorrie said? 
Det. Smith: I do not. 
Bina: Was that in any way relevant to your investigation into Dr. Murray? 
Det. Smith: None whatsoever. 
Bina: People with financial problems could follow the law?
Det. Smith: Yes

Jackson redirect

Panish, in re-direct, asked if contract between AEG and Murray drew his attention to the figure the doc was going to be paid. Det. said yes. 
Panish: You had serious concerns about that contract and Dr. Murray’s financial issues? 
Det. Smith: Yes. 
Panish: You didn’t know anything about how much money Ms. Jorrie had been paid by AEG, right, sir? 
Det. Smith: No. 
Panish: They didn’t tell you that, right?
Det. Smith: No, they did not. 
Panish: You have no recollection whatsoever of Jorrie or Putnam saying it was a *potential* world tour? 
Det. Smith: No, sir.

AEG recross

Bina, in re-cross: Does it matter to you it was MJ was paying Dr. Murray?
Det. Smith: No, ma’am
Bina: You were not investigating AEG Live?
Det. Smith: No, ma’am
Bina: It wasn’t who was paying, just the amount?
Det. Smith: Definitely the amount

Interview was approximately an hour, Det. Smith said. He said he was given copy of the contract.

Bina: Between you and Ms. Jorrie, who would know the contract better?
Det. Smith: Of course Ms. Jorrie