JACKSON V AEGLive June 6th Brandon "Randy" Phillips-CEO OF AEGLIVE

JACKSON V AEGLive June 6
th
2013
PLEASE HELP US TO CONTINUE THIS EFFORT FOR MICHAE L! <<CLICK
RANDY BRANDON PHILLIPS
CEO AEGLive
Direct examination (resumed) by Mr. Panish:
Q. Mr. Phillips, you get a chance to meet with your attorneys again before your testimony today?
A. Yes.
Q. How much this time did you spend with your attorneys?
A. About 90 minutes.
Q. 90 minutes, is that an hour and a half?
A. Yes, it is.
Q. Was that today?
A. Yes.
Q. How much time yesterday?
A. About 40 minutes, 45 minutes.
Q. I'm sorry. I'm just not hearing.

A. 45 minutes.
Q. Is it on the mic?
A. This one is on.
Q. Sounds like it. Maybe Im just not hearing you.
A. I'll get closer. 45 minutes.
Q. Ok, so another two hours and 15 minutes?
A. Correct.
Q. Ok, did you look at any new documents to refresh your recollection?
A. I went through just some of the emails and stuff that you showed me yesterday.
Q. Ok, sir you've testified before, you are the face of AEG Live; is that correct?
A. I am the face? I am one of the spokespeople for AEG Live.
Q. Have you ever testified under oath, sir, that you're the face of AEG Live?
A. Probably.
Q. Yesterday you told us that you thought Michael Jackson had a difficult day on the 18th of
June. You remember that?
A. Yeah. I meant the 19th.
Q. That's what I was getting at, give you a chance to correct it.
A. Thank you.
Q. So you were just mistaken as to the 18th. You really meant the 19th?
A. The 19th, yes.
Q. Ok, and I thought that was a mistake. I wanted to let you correct that.
A. Thank you.
Q. Now, sir, did you speak with Dr. Murray on the 18th?
A. No.
Q. Did Dr. Murray leave a message for you on the night of June 18th?
A. No.
Q. Did you ever talk to Dr. Murray on the night of June 18th?
A. Not that I remember.
Q. Ok, sir, Im going to show you first exhibit. I want to correct another mistake that ... I'm sure
you were just not trying to deceive us yesterday when you said that I subpoenaed your phone
records. You remember saying that, sir?
A. Yeah. Correct.
Q. You were wrong about that; right?
A. I was.
Q. In fact, no one subpoenaed your phone records, did they, sir?
A. No.
Q. So you were wrong about that, also; correct?
A. Correct.
Q. And in fact, it was the Los Angeles police department that obtained Dr. Murray's phone
records that were shown to you; correct?
A. That is correct.
Q. Ok, so that was a mistake and we've corrected that.
A. Correct.
Q. So let's start with this exhibit and see if we can refresh your recollection on that, sir.
Mr. Putnam: you have it unredacted?
Mr. Panish: unredacted in what sense?
Mr. Putnam: so we can see the numbers.
Mr. Panish: this was shown to him at his deposition, and he identified it.
Mr. Putnam: ok
Q. Sir, you remember seeing this at your deposition?
A. I don't remember it being redacted like that at the deposition.
Mr. Panish: ok, well do we have his original deposition here?
Mr. Bloss: yes.
Mr. Panish: do you guys have his original?

Mr. Putnam: no exhibits, though.
Mr. Panish: where is the original?
Mr. Putnam: the original?
Mr. Panish: the original.
Mr. Putnam: I don't know.
Mr. Panish: well, the original would have the ... Does the court have the original?
Judge: I have a certified transcript. You want to take a look at it?
Mr. Panish: yes. I want to show him what he was shown at his deposition. What exhibit was
that?
Q. Do you remember being questioned about this at your deposition, Mr. Phillips?
A. Yes. I remember being shown three pages, I believe, of phone calls. I thought they were mine.
That was my mistake.
Q. Well, let me show you exactly ... I'm sure this is a better copy.
Q. Well, sir, you see the number on the right, the 702 number; that's Dr. Murray. You understand
Las Vegas is 702 area code?
A. Correct.
Q. And the number ... The 701, you identified that as your telephone number; right?
A. That is correct.
Q. So what Id like to do first is play what you testified first at the deposition.
*a video clip was played with the following testimony of Brandon Randy Phillips*
Q. So do you remember Dr. Murray leaving you a message on the evening of June 18th?
A. No.
Q. Did you talk to Dr. Murray on the evening of June 18th?
A. I don't remember.
Q. Ok, sir. That's your number, that he called and left a message; isn't it, sir?
A. Well, Im not sure if he left a message because I don't remember getting it.
Q. Ok, well, let me see if I understand your testimony. You don't remember him leaving a
message or he didn't leave a message?
A. I don't remember him leaving a message.
Q. Ok, well, let's take a look now ... Did you speak to Mr. Gongaware about Dr. Murray that day,
the 18th?
A. I don't remember. It's possible. I'm not saying no, I just don't remember.
Q. Well ok, well let's see ... Your lawyers didn't show you anything to refresh your recollection
about that?
A. No.
Q. Well, let's see if I can refresh your recollection. I'm going to show you and exhibit, have you
seen that before, sir?
A. No, this is the first time.
Q. First time you've ever seen it in your life?
A. Well, obviously when I got it four years ago, yes.
Q. So the other ... I'm going to represent to you ... I don't want to have to go back to put it up ...
But the call in front of you, what time was that at?
A. The call ... Which...
Q. The call in the deposition exhibit that you identified as your number. I believe its 8:14. Can
you confirm that for me, please?
A. I'm looking for it.
Q. Sure. If you look on this yellow, it's kind of showing you where it is on the page. There you
go. 8:14 and 47 seconds; right?
A. Correct.
Q. Ok, so then, after that, Mr. Gongaware sends you an email; right?
A. At 9:28, yes.
Q. So an hour, approximately, or so, later, Mr. Gongaware is sending you an email not
responding to any emails; correct?
A. Correct.
Q. And the reason it's blocked out is just because that's someone else's number. So an hour later,
Mr. Gongaware is sending you all of Dr. Murray's ... Well, excuse me. He's sending you Dr.
Murray's two cell phone numbers and his pager number; correct?
A. Correct.
Q. And did you ask for that, sir?
A. I'm not ... I don't remember if I asked for it or not. But obviously I didn't have this
information, so he was providing it to me.
Q. Was that so that you could call him back in response to his voicemail?
A. I don't remember the context. I really don't.
Q. Well, do you remember asking Mr. Gongaware for all his numbers so you could call him?
A. I don't know if Paul decided to send them to me because he thought I should have them, or I
asked him for them. I just don't remember.
Q. Do you know why he thought you should have Dr. Murray's numbers?
A. I assume because he was Michael's personal physician.
Q. Do you normally carry all the numbers of the artist's personal physicians with you, sir?
A. Absolutely not. Most of the artists, we don't deal with their personal physicians.
Q. But this time you did, didn't you, sir?
A. On June 20th.
Q. Well, you already told me you had a meeting with Dr. Murray...
A. And on the 16th.
Q. Before this, sir isn't that true?
A. Yes, absolutely.
Q. Now, you learned there was a problem at a rehearsal on June 19th at some point; correct?
A. Correct.
Q. And was it the night of June 19th that you learned of that problem?
A. Yes, there were a series of emails.
Q. So you learned on the night of June 19th; is that right?
A. That is correct.
Q. And it wasn't on the 20th, after sunrise on the 20th, that you learned it; is that correct?
A. No, I knew there was an issue prior to going to bed that night.
Q. Ok, well, let's see what you said in your deposition. By the way, did you change that last
portion of the deposition where you said you never received any calls from Dr. Murray?
A. Did I change it? No. No.
Q. But you were shown that phone record in your deposition to prove that you had received a
call; correct?
A. Well, I must have missed that call.
AEG objection: misstates the deposition testimony. Judge: overruled, you can show it to
him later.
*a video clip was played with the following testimony by Brandon Randy Phillips*
Q. Well, so I take it you first learned about there being a problem on the ... At rehearsal on the
19
th
when you opened up your email on ... After sunrise on June 20th; is that right?
A. That is correct.
Q. Did you change that testimony under oath, sir?
A. No, but ... I wasn't correct. I made a mistake.
I made a mistake.
Q. So that's another mistake under oath you made;
Right?
A. That is correct.
Q. Have you counted up the number of mistakes under oath you testified to in this case, sir?
AEG objection: argumentative. Judge: overruled.
A. No, no. I'm trying to remember four years back. So, no.
Q. Sir, you've told us that numerous times.
A. I know.
Q. The question was ... Never mind. I'll withdraw it. I don't want to argue with you. Now, sir, Mr.
Hougdahl ... Did I pronounce that right?
A. Close.
Q. Why don't you correct me since you're please correct me.

A. No. I think you might be right. I know him as Bugzee, so you might be close.
Q. Well, I don't know. I haven't had the privilege of meeting him, so Im going to call him Mr.
Hougdahl. Is that all right?
A. Yes. I know who you're talking about.
Q. Did he work at production?
A. Yes.
Q. Was he at rehearsals every day?
A. Yes, he was.
Q. Did he write you an email on June 19th?
A. Yes, he did.
Q. You remember that now?
A. Yes.
Q. Ok, did you remember that at your deposition?
A. I think they may have shown it to me at my deposition.
Q. Ok, did you have a clear recollection of that email at your deposition?
A. I don't remember what I said at my deposition.
Q. Ok, well, let's see.
Q. I want to go back to the first page of exhibit 25 ... 28. I'm sorry. 28. The one you have in
your hand.
A. Right
Q. Starts at the bottom with an email from Hougdahl to Gongaware and yourself; correct?
A. Yes.
Q. And that one is sent on June 19, the day before, at 10:14 at night; right?
A. Correct.
Q. And you just didn't remember getting this email from John Hougdahl, that email...
A. Right of this chain I vaguely remember it.
Q. Let me give you a copy. It's in evidence. And let me move that for you because I know that's
taking up a lot of space. In case you need it in a minute, Ill put it back here. Ok, now, sir, have
you read that email since you vaguely remembered it to refresh your recollection?
A. Yes, I have.
Q. And how many times have you read it?
A. Twice.
Q. Twice. When was the last time?
A. This morning.
Q. This morning. Convenient, I guess. Ok, so let's take a look at it. Did your memory get
refreshed on this exhibit when you reviewed it this morning with your lawyers?
A. Yeah, but I ... I mean, I remembered it when I read it. Yes.
Q. I'm sorry?
A. I remembered it when I read it.
Q. This morning?
A. Yes. No, no, and prior.
Q. On Friday you read it, too?
A. I don't remember when was the last time I read it, but I read it twice.
Q. At your deposition you were shown this email and you had a vague recollection. Remember
that?
A. Yes.
Q. But your memory's been refreshed at least now four months past your deposition?
A. I prepared for this testimony, yes.
Q. Ok, so let's take a look at it. The first one is sent to you, right and Mr. Gongaware ... Both of
you. There's no cc.
Mr. Panish: we can put that up.
Q. While we wait for that, can you tell us, what's the subject matter of that email, sir?
A. Which one; this one?

Q. Well, they all have the same subject, don't they?
A. The topic that says, trouble at the front?
Q. That's the same subject on all the emails; isn't it, sir?
A. In this chain, yes.
Q. Ok, so trouble at the front. Wheres the front?
A. the front, I assume they were referring to
The rehearsals.
Q. Was Mr. Jackson at the front?
A. I would assume so, yes.
Q. Ok, so this was written by Hougdahl?
A. Correct.
Q. And you're Randy; right?
A. Yeah.
Q. And Mr. Hougdahl, could you read what he wrote to you, please, sir?
A. Sure. Im not being a drama queen here. Kenny asked me to notify you both. MJ was sent
home without stepping foot on stage. He was a basket case and Kenny was concerned he
would embarrass himself on stage or worse yet, get hurt. The company is rehearsing right
now, but doubt is pervasive. Time to circle the wagons. Bugz.
Q. You have no reason to doubt that was sent to you, do you?
A. None at all.
Q. And you have no reason to doubt that you read it when you received it; correct?
A. Correct.
Q. Or at least ... Well, I don't know if you're admitting you received it. But it came in and at some
point you read it, as you said, after the sunrise on the 20th; right?
A. No; this email ... I believe I read this email before I went to bed.
Q. Ok, well, you testified in your deposition that you read it after sunrise on the 20th, didn't you,
sir?
A. Ok, but I may have been wrong.
Q. Ok, so wait a minute. I'm sorry. Did I cut you off I don't want to do that.
A. No, you didn't.

Q. Ok, and we'll try to do that better; okay let's talk a little slower. Just wait until I finish,
please.
A. Ok
Q. Ok, so you testified in your deposition you wrote it on the 20th. You corrected your deposition
under penalty of perjury and said you read it on the 20th. And now you're changing it to say you
read it at night before you went to bed on the 19th; right?
A. I am, yes.
Q. And what time did you go to bed on the 19th?
A. On June 19th, 2009, you're asking me today what time I went to bed.
Q. Well, you told us you read it before you went to bed, so you certainly remember that. So what
time was it that you read it at, sir?
A. You know what, I don't want to argue with you, either because I don't think it's fair to the
jury. It's been four years; ok so if you're asking me what time I went to bed, it could have been
12:30, 12:45. I'm not ... I don't remember. That's usually when I go to bed. In this case, I do
remember reading this email before I went to bed.
Q. But you didn't remember that for the last four years up until today; right?
A. I wasn't focused on it.
Q. So the first time you remembered that you read it before you went to bed, after twice saying
under oath that you read it the 20th, was today; correct?
AEG objection: misstates the deposition testimony.
Brandon Randy Phillips: correct.
Judge: overruled.
Q. Ok, so ... And just today it came back to you that on June 19th you read this before you went
to bed; right?
AEG: same objection. Judge: overruled.
Brandon Randy Phillips: between when I did the deposition and today, from the start of this trial,
my memory has gotten better because Ive been reviewing documents and trying to remember
exactly what happened four years ago.
Q. Well, sir, didn't you tell us that you only reviewed documents in the last two weeks?
A. No, I know, but that's ... That's a huge difference. It's not just the reviewing of documents. I've
been thinking about what happened in that very compressed period of time four years ago.
Q. Ok, so in the last two weeks, you remember that you read it before you went to bed. That's
your testimony now?
AEG: same objection.
Brandon Randy Phillips: I believe so, yes.
Q. Ok, thank you.
A. You're welcome.
Q. Now, sir, we already ... Everybody knows what a drama queen is, but you're not a drama
queen; right?
A. Maybe sometimes.
Q. Well, Mr. Gongaware says you weren't. Are you now admitting you're a drama queen?
A. I'm glad he said that.
Q. I thought he said that. They might object to that.
A. I'm shocked that he...
AEG objection: it misstates the testimony.
Q. So maybe ... I thought I asked everybody. I know he said Mr. Ortega was a drama queen. I
don't know if he said you were, but if you say you are sometimes, Ill accept that.
A. I'm under oath, yes.
Q. What's different here than your deposition?
A. Nothing. Nothing other than Im more prepared.
Q. But you swore to tell the truth there, didn't you, sir?
A. I know. As I remembered it.
Q. Well, did they tell you at the deposition when you took the oath to tell the truth as you
remember it or did they tell you to tell the truth, the whole truth and nothing but the truth?
AEG objection. Argumentative. Judge: sustained.
Q. Do you want me to play the oath, what you were given, at your deposition, sir?
AEG objection: argumentative. Judge: sustained.
Q. Well, let me read what your oath was when you took your deposition. Do you remember what
it was, sir?
Judge: Mr. Panish, how would he be able to testify to something he doesn't remember?
Mr. Panish: well, that's the point. That's my point. Thank you.
Q. Sir...
A. Yes, Mr. Panish.
Q. Ok, Mr. Jackson had a problem, would you agree with me, on June 19th?
A. Absolutely.
Q. Ok, and would you agree that the company ... What's the company?
A. The company, that's what in show business refers to the troupe, or, in this case it would be the
dancers, the musicians, the crew. That type of thing.
Q. Do you remember what your reaction was when you received this?
A. Yeah. Yes.
Q. Ok
A. Concern.
Q. Ok, well, let me play your deposition as to your reactions. And while we're looking at that,
you say your reaction as of today was, you were concerned; right?
A. Correct.
Q. Ok, now let's see what you said in your deposition.
Q. Ok, did you have any reason to doubt what he was saying in this email at the time you read
it?
A. No.
Q. And you don't remember how you reacted to this email?
A. I don't remember, because I think this was part of the series of emails that precipitated the
meeting at the house.
Q. Ok, but Ill ... My question was, do you recall how you reacted when you read this email?
A. No.
Q. And that's the same email that we're talking about now; isn't it, sir?
A. Correct.
Q. And you signed your deposition under penalty of perjury, and you didn't change your reaction;
correct?
A. That is correct.
Q. Now, sir, you thought you had a real problem, didn't you, sir?
A. I didn't know what I had at that point in time.
Q. Your boss at the time was whom?
A. Tim Leiweke.
Q. Did you always tell Mr. Leiweke the truth as you felt it at the time?
A. Correct.
Q. Let's see what you told Mr. Leiweke.
A. Ok,
Q. Now, you wrote to Mr. Leiweke at what time, sir?
A. Assume that's 10:33.
Q. So that would prove that you did read it that night, wouldn't it, sir?
A. Yes.
Q. And it wasn't until after sunrise that you read it, was it?
A. No. I just testified that I knew I read it.
Q. But you didn't change that when you had the opportunity, did you, sir?
AEG objection: misstates the deposition testimony. Judge: overruled.
Brandon Randy Phillips: ok, I did not change it because I did not catch that.
Q. Ok, another mistake?
A. It was another mistake, sir.
Q. Ok, so within 19 minutes, you told Mr. Leiweke something, didn't you, sir?
A. Yes.
Q. You forwarded Mr. Hough Dahls email?
A. Correct.
Q. And you wrote a 1-line sentence to describe your thoughts at the time honestly; right, sir?
A. Correct.
Q. And read to us what you told your boss, Mr. Leiweke, on June 19th within an hour and a half
of
Midnight.
A. We have a real problem here.
Q. You were really concerned, weren't you, sir?
A. Right. That's what I just testified. I was concerned.
Q. You didn't just think Mr. Jackson had a 1-day flu, did you, sir?
A. I didn't know what the problem was.
Q. Did you write to Mr. Leiweke and say, you know, maybe he has the 1-day flu. We should
check it out did you write that, sir?
A. Huh-uh. I don't believe so.
Q. You didn't say, we might have a problem, did you, sir?
A. I don't remember sending or ... Sending an email to that effect, no.
Q. Ok, you said, we have a real problem here. correct?
A. Correct.
Q. And that real problem dealt with Michael Jackson, didn't it, sir?
A. Oh, for sure. Correct. Yes.
Q. Now, at this point in time, the only person telling you this was ... This problem on this day
was Mr. Hougdahl; correct?
A. Correct. I think at the behest of Mr. Ortega.
Q. Could you answer my question, sir?
A. Yes.
Q. Mr. Hougdahl is the only one that was providing any information at this point in time about
the real problem; correct?
A. I don't remember if ... When Kenny's emails came in, so Im not 100 percent sure.
Q. Well, as you sit...
A. But John Hougdahl would have been enough to concern me.
Q. That's not my question. My question is, was anyone else providing this information to you at
this time before you wrote to Mr. Leiweke that you had a real problem?
AEG objection. Asked and answered. Judge: overruled.

Brandon Randy Phillips: I don't remember.
Q. Ok
A. Yeah.
Q. Did Mr. Leiweke respond to you, sir; do you remember?
A. I don't remember. You'd have to show me the email chain if he did.
Q. Ok, so you don't remember, after reading it this morning, whether he responded to you or not?
A. I read John's email to me. I didn't read the whole chain.
Q. Ok, let me ... You have it right in front of you, but Ill show it to you again
A. Ok
Q. You see it, sir?
A. Yes.
Q. Can you answer my question?
A. Yes.
Q. How long did it take Mr. Leiweke to respond to you when you told him that you had a real
problem here?
A. Looks like a couple of minutes.
Q. Little more than four minutes?
A. It looks that way, yes.
Q. So pretty quick; right?
A. Yes.
Q. He was on top of the situation, would be a fair statement?
A. Yes.
Q. And what did Mr. Leiweke write back to you, sir?
A. He said to me: let's set up a time for you and me to meet with him. I want Kenny in the
meeting as well.
Q. Who is him?
A. Michael.
Q. And you know that? You remember that?
A. Yes.
Q. Ok, and who is Kenny?
A. Ortega, the director of the show.
Q. Ok, so Mr. Leiweke and Mr. Ortega are going to have a meeting with you to see Mr. Jackson?
A. That's what Tim asked for, yes.
Q. To address the real problem?
A. To find out what it is, yes.
Q. Ok, so you advised him of everything that was in that email from Mr. Hougdahl because you
just forwarded it to him; right?
A. Correct.
Q. About the doubt being pervasive?
A. Correct.
Q. And everything he said. You didn't interpret it, you just sent...
A. I sent the email.
Q. So you don't know what his response was other than set up a meeting?
A. Correct.
Q. He never talked to you on the phone about that?
A. It's possible we did. I just don't remember.
Q. Ok, as your recollection is today, you don't remember ever discussing this with Mr. Leiweke
other
Than this email; is that fair?
A. I would think, in the course of that time, that we probably did have a phone conversation. I
just don't remember. But it wouldn't be unusual for me to also pick up the phone.
Q. My question was, sir as you sit here today, you have no recollection of ever speaking to Mr.
Leiweke, other than sending this email...
A. No.
Q. About this situation; is that correct?
A. That is correct.
Q. And then what did you do next, sir?
A. I sent Kenny Ortega an email asking him, I said, Kenny, will you do this with Tim and I?
Q. So you forwarded both emails?

A. Right. Right.
Q. Ok and can you explain to me ... I'm just ...the timing. Because it looks like Mr. Leiweke is
communicating with you shortly before midnight on the 19
th
and the time for your email to Mr.
Ortega is at 10:47 p.m., which at least, if the time is accurate, would mean you're emailing about
that before you're talking to Mr. Leiweke, but obviously ...
AEG: objection.
Q. It doesn't appear that could happen because you were forwarding emails; right?
AEG objection: misstates the document.
Judge: in what way?
Mr. Panish: never mind. She's correct.
Ms. Stebbins: one is 10:38 and next one is 10:47.
Judge: oh, sustained.
Q. Like I said, Im not good with numbers, sir. You're a numbers guy. So that's about nine
minutes later; right?
A. Correct.
Q. You sent it to Mr. Leiweke ... To Mr. Ortega; correct?
A. Yeah. That would make more sense.
Q. I know. That's why Im asking you to explain it to me. I didn't get it. Thank you for helping
me out. And then did Mr. Ortega respond to you, sir?
A. Yes.
Q. And either he went to bed early, or he didn't check his emails late, but he responded to you the
next morning; right?
A. That is correct.
Q. And that was at approximately 9:00 in the morning?
A. Correct.
Q. Fair statement?
A. Fair statement.
Q. Ok, now, did this meeting happen the next day?
A. This meeting that Tim asked for didn't happen, but there was a meeting the next afternoon of
the 20th.
Q. Ok, well, that same evening, you received some additional information from Mr. Hougdahl,
didn't you?
A. There were other emails, that is correct.
Q. And did you review those this morning to prepare to testify today?
A. Yes, I did.
Q. Ok, great. So Im going to show you and exhibit and who was it that showed you that this
morning?
A. One of my attorneys.
Q. Which one?
A. Laura Robinson.
Q. Ok, thank you. Ok, you got it?
A. I have it.
Q. You just read it, so you have a pretty good idea about it now?
A. I read it an hour and a half, two hours ago, so maybe it would be helpful to read it now.
Q. Whatever you want to do. Just take your time. Just let me know when you're ready.
A. You want me to read it from the bottom of the email up?
Q. Whatever you want to do. Just let me know when you're ready.
A. You want me to read it out loud or...
Q. No. Just read it to yourself.
A. Ok
Q. Ok, now, the first trouble at the front email that Mr. Hougdahl sent to you was at 22:14. So
that's 10:14. The prior one Im talking about now; ok?
A. Uh-huh. Yes.
Q. And then also at 10:14 ... I'm sorry. One thing you did, was you forwarded it to Mr. Leiweke;
right?
A. Correct.
Q. And then you also did a response to Mr. Hougdahl; correct?
A. Correct.
Q. And that one you did at 12:36 in the morning. After you sent the email to Mr. Leiweke, Mr.
Ortega, then you responded at some point in time back to Mr. Hougdahl; correct?
Ms. Stebbins: Ill just object for the sake of the record. The times on this particular document are
extremely confusing. I'm not sure they're all right, but I imagine Mr. Panish is going...
Mr. Bloss: that...
Mr. Panish: what is the objection?
Ms. Stebbins: well, Im not sure this is 12:36 a.m. There's flaws, because there's a response that
was sent at 10:20 p.m.
Q. Well, was there a problem with timing on your emails, sir?
A. I don't know.
Q. Does it seem to indicate you sent this at 12:36?
A. But I think it doesn't make sense with the prior email. There's some confusion with the time
stamp.
Q. Well, I don't know. I'm just reading these emails. Do you have a blackberry; what did you
have?
A. I had a blackberry.
Q. Ok, you still have it?
A. No. I don't have a blackberry.
Q. Ok, well, at least according to what was produced by your lawyers, this indicates 12:36 a.m.
If you think there's an issue with it, we'll get to it. But I can only go by what's on this document.
You don't remember what you did first or second; right?
A. No.
Q. Ok, so then you wrote back to Mr. Hougdahl and you said ... Why don't you read what you
said?
A. Bugzee, I know because I just got Kenny's message on my ... Voicemail. What did he do
when he got there and what happened between him and KO? I have a meeting with MJ
tomorrow morning.
Q. Ok, so Mr. Ortega left a voicemail for you before this email?
A. Before my response.
Q. Ok
A. After Bugzee's first email, and then before my response.
Q. And Bugzee's first email was at 10:14. Do you think that time is right?
A. I don't know. I'm assuming it is.
Q. Ok, so assuming it's right, it was after 10:14 you got the call; right?
A. Well, I don't know when I got Kenny's message. I don't know when I checked my email, so I
don't know the exact time.
Q. Well, you got it before you sent this one...
A. Correct.
Q. Back?
A. Correct.
Q. Ok, so sometime after ... Well, we don't know that. We know that before you wrote this email,
you had received a voicemail from Kenny Ortega?
A. That is correct.
Q. And he was expressing serious concern about Michael Jackson, wasn't he?
A. I don't remember what was on the voicemail. I'm assuming it was in response to what was
going on. So, you know, you're probably right, but I don't know for a fact.
Q. Ok, well, was he calling to tell you how great Michael was doing?
A. No, but he could have been calling to say, Randy, please call me as soon as you can, or
something like that. I don't know what the message was.
Q. But you wanted more information from Mr. Ortega, not Mr. Hougdahl; correct?
A. Correct.
Q. And as compared to Mr. Hougdahl, was Mr. Ortega in a more senior role for the production?
A. Yes. He was the director.
Q. In other words, the director ... He was the production manager, bugzee?
A. Correct.
Q. And the director is above the production manager?
A. Correct.
Q. Now, did you ... Hold on a second. Now, Mr. Hougdahl, did he provide you with some more
information?
A. Yes.
Q. And is that contained in ... Let's go to the 22:57 email. Is this time right?
A. I don't know.
Q. Ok, why don't you read ... This is just you and Mr. Hougdahl communicating; correct?
A. Right.
Q. You're not including Mr. Ortega or Mr. Leiweke in this ... These emails; correct?
A. I may have forwarded it to them. Very possible.
Q. When I say you're not including them, it's like cc or bcc.
A. In the exchange? No. It's just between John and myself.
Q. Ok, and you're not including ... And both Mr. Leiweke and Mr. Ortega would be ... I use the
word senior, but I mean higher up in the level of the hierarchy than Mr. Hougdahl; correct?
A. Yes.
Q. Ok, and you're communicating about the situation that you've described as we have a real
problem here; correct?
A. Correct.
Q. Ok and why don't you tell me what Mr. Hougdahl was advising you, at least according to this
email, three minutes before 11:00 on June 19th, 2009?
A. Ok, my layman's degree tells me he needs a shrink to get him mentally prepared to get on
stage, and then a trainer to get him in physical shape. Kobe should be available. I have
watched him deteriorate in front of my eyes over the last eight weeks. He was able to do
multiple 360 spins back in April. He'd fall on his ass if he tried it now.
Q. Now, this was four days after you had what you called that intervention meeting with Dr.
Murray; correct?
A. Meeting I referred to as an intervention that had nothing to do with drugs, yes.
Q. Did you call it an intervention, sir?
A. I did.
Q. Was that your word or mine?
A. That was my word.
Q. Did you ever use the word meeting in that email?
A. No, but it was a meeting. No, no.
Judge: just answer the question.
Brandon Randy Phillips: I know. I'm sorry.
Q. That's ok, so four days later, you're being told that this man, who sees Mr. Jackson every time
he comes to rehearsal, is telling you that Mr. Jackson is deteriorating in front of my eyes for
eight weeks; right?
A. Well, that's what he wrote. I'm not sure exactly what he meant, so...
Q. Well, did you write back and say; oh, what do you mean about deteriorating in front of my
eyes over eight weeks; did you write back to him, sir?
A. No. No.
Q. Did you call him on the telephone?
A. No.
Q. What's a 360 spin?
A. That's when you get on the ball of your foot and you do a 360.
Q. I'm not going to demonstrate that. Is that kind of hard, to do that?
A. What?
Q. Is that hard, to do that?
A. You have to be quite a good dancer.
Q. And multiple 360s would mean you'd do more than one; right?
A. That is correct.
Q. And that would take some talent, wouldn't it?
A. And ability, yes.
Q. And you'd have to be in shape to do that, wouldn't you, sir?
A. Yes. Yes.
Q. And you'd have to be healthy and in good physical condition, wouldn't you, sir?
A. That is correct.
Q. And what is Mr. Hougdahl telling you six days, almost five days, before Michael Jackson
died, as to whether or not he could do a 360?
A. He was telling me he couldn't. He was, as he described it, he would fall on his ass if he tried
now.
Q. It certainly would indicate that he was deteriorating, wouldn't it, sir?
A. I don't ... I know what he sent. Until we had the meeting, I had no idea what he was talking
about.
Q. Well, sir, my question is simple. If somebody could do something multiple times and then two
months later they couldn't do it, wouldn't that indicate that they're deteriorating?
A. That there's a problem, yes.
Q. Would it indicate they're deteriorating, if they could do it multiple times at one point and then
eight weeks later, they couldn't even do it once and they'd fall down when they tried to do it?
AEG objection: calls for speculation. Judge: overruled.
Brandon Randy Phillips: the reason I can't give you yes or no answers is because the word
deteriorate may not be what happened. I just don't know what the issue was because we hadn't
had the meeting.
Q. But you didn't do anything with Mr. Hougdahl to find out, did you, sir?
A. We weren't going to. It wasn't ... The answer is no. the answer is no.
Q. Again, if the question is unclear or you don't understand it, Im happy to repeat it, okay; you
understand?
A. That's fine. I understand.
Q. Ok, you didn't do anything to check out this deterioration with Mr. Hougdahl, did you?
A. I did not do it with him.
Q. And what does deteriorate mean to you, sir?
A. It means a permanent ... To me it means there's a permanent situation where someone ... To
whatever the thing is, to me it connotes something of permanence.
Q. Permanent?
A. Yeah. Like there's a deterioration. And so ... I mean, to me it sounds like it's not a problem that
he had for a day; it's a problem that he's had for a while.
Q. Does deteriorate ... Wouldn't it be fair to say that you've gone downhill over time?
A. Yes.
Q. Wouldn't it mean that you're on a decline over time?
A. Correct. Correct.
Q. And if you're talking about someone's physical condition, which we know relates to 360, that
would mean that their physical condition was going downhill over eight weeks; correct?
A. According to the production manager, yes.
Q. Well, you didn't know, because you weren't there, were you, sir, at that time?
A. Not every day, no.
Q. You weren't there as much as he was, were you, sir?

A. No.
Q. Did you think he's an honest, serious person?
A. Absolutely.
Q. You think he's a drama queen?
A. No.
Q. So you had this information at least sometime either late on the 19th, or the morning of the
20th. Fair statement?
A. Correct.
Q. And then did you forward that email to anyone?
A. I may have ... Yes, I did. I forwarded it to ... You want me to...
Q. Let me show you. Did you forward it to your boss?
A. I forwarded it to Tim Leiweke, yes.
Q. Your boss?
A. Yes.
Q. And you forwarded it to Michael Katz, John Branca, Michael Kane; correct?
A. Joel Katz.
Q. I'm sorry. Did I say the wrong name? Joel Katz, he had been on retainer with aeg, hadn't he?
A. Years prior.
Q. He was on retainer in 2008, wasn't he, sir?
A. I don't remember. He was on retainer to aeg downtown, not to AEG Live, so I don't remember.
Q. Well, aeg downtown is the company that owns AEG Live, isn't it?
A. Because he worked on the Grammies deal for them.
Q. Sir, could you please answer my question?
A. I am trying.
Q. I wasn't asking about the Grammies. I was asking you whether aeg downtown, as you refer to
it, owns AEG Live.
A. Yes.
Q. Ok and did you use Mr. Katz to negotiate any contracts on the This Is It tour?
A. Did I use?
Q. Did your company Im sorry. AEG live, which you're the CEO Of.
A. Not ... To my knowledge, Dr. Tohme used Joel to negotiate the Behring settlement. That's
what I was told.
Q. Who told you that?
A. Dr. Tohme.
Q. And we'll get back to that. All right. So these are the people you sent it to. All direct, no ccs;
right?
A. Correct.
Q. And could you read to us what you said to Mr. Leiweke and others?
A. Ok, this was sent to Mr. Leiweke and to Michael's team. I said: unfortunately, we're running
out of time. This is my biggest fear.
Q. You were worried, weren't you, sir?
A. Absolutely.
Q. running out of time meant to get the show on in time; correct?
A. Correct.
Q. And in show biz, I think Mr. Gongaware told us, the show must go on. That was his job;
right?
A. If that's what he said, yes.
Q. Do you dispute that's what his job was?
A. That the show must go on his job was to oversee the entire project for us.
Q. Now, I want to show you another wait a minute. Is this another one of those emails you read
this morning so you could testify about it?
A. Well, this is ... One of the emails is the same as in this, but this is a different email chain and I
Didn't read the top part of the first page.
Q. Ok, fair enough.
Let's go to the bottom part of the first page.
A. Ok
Q. You read that; right?
A. Yes.
Q. Ok, now we're still on the 19th; right?

A. Correct.
Q. And Mr. Hougdahl is writing back to you and he's cc'ing Mr. Gongaware; right?
A. That is correct.
Q. Ok and this is after you told Mr. Leiweke about the problem; is that right?
A. Yes.
Q. And Mr. Hougdahl reported to you more details about Mr. Jackson's condition; is that correct?
A. That is correct.
Q. And he told you that Mr. Jackson asked Mr. Ortega if you were trying to kill the artist; right?
A. Jokingly, yes.
Q. Do you know how Michael was when he asked that; sir?
A. Well, he put it in parentheses, so I assume he was referring to the pyro.
Q. Shows parentheses?
A. you aren't going to kill the artist, are you, is in parentheses.
Q. Some people might call that quotations.
A. Yeah.
Q. You call that parentheses?
A. Quotation marks. You are correct.
Q. And why don't you read what the rest of Mr. Hougdahl was advising you about Mr. Jackson's
physical condition on the 19th, late?
A. we assumed this was in reference to pyro, but Kenny said he was shaking and couldn't hold
his knife and fork. Kenny had to cut his food for him before he could eat, and then had to use
his fingers. I don't know how much embellishment there is to this, but Kenny said repeatedly
that MJ was in no shape to go on stage.
Q. And did you forward this to anyone, sir?
A. It's very possible that it was part of the chain I forwarded to Tim and the rest of Michael's
team.
Q. Well, was it on the email that I just provided you with, sir?
A. I think it's on this. I mean, it's possible.
Q. Why don't you read the last line that he told you?
A. Ok, we might be getting beyond damage control here.

Q. Do you know what damage control means, sir?
A. I have an idea of what that means.
Q. Did you ask Mr. Hougdahl what he meant?
A. No.
Q. Damage control is not a good situation to be in, is it, sir?
A. No.
Q. Means there's a problem that you may have to deal with; right?
A. Absolutely.
Q. And the problem was Mr. Jackson's physical condition; correct?
A. Correct.
Q. And have you ever spoken to Mr. Hougdahl about the damage control of these emails?
A. No. No.
Q. Do you know where he lives?
A. Bugzee? I believe he's in Minnesota somewhere.
Q. Has he worked on any shows for AEG Live since this?
A. When I first met him, he worked with Bon Jovi on the very first tour we did.
Q. That was since this?
A. Oh, since this? He may still be working with Bon Jovi on their pre-production. He worked
with them in the past. He didn't work directly for us then.
Q. By the way, since you did bring up Bon Jovi, yesterday when I asked you about a
management agreement between AEG Live and a manager of an artist, you remember those
questions?
A. It wasn't between AEG Live. It was between ... Had an artist ever paid a manager a fee, is
what I thought the question was.
Q. Well, the questions I was asking you about, because AEG Live had a contract with Mr.
Jackson's manager; correct alleged manager; right?
A. Alleged manager? No. He was manager, he was presented as his manager and Michael signed
off on the contract.
Q. Was there a contract, sir?
A. Yes.
Q. Was aeg to pay money to the manager pursuant to the contract?
A. Correct.
Q. Ok, had AEG Live ever, ever had a contract with an artist's manager where they were to pay
money to the artist's manager?
A. I'm not 100 percent sure if we ever had a situation like that.
Q. You can't name a single artist ever, in the history of AEG Live, where that situation ever
occurred, can you, sir?
A. Not that I can point to, no.
Q. Ok, now, we were back to ... Is damage control an emergency situation, sir?
A. More or less.
Q. A. Situation where the ship may be sinking and you have to do something quick; right?
A. One way to characterize it, yes.
Q. Ok, now, I was talking about forwarding the email. So do you have the exhibit in front of you,
sir?
A. Yes.
Q. Ok, so let's see whether you forwarded this email that we just talked about to anyone else.
A. If this is the only chain on this, then no.
Q. Ok, well, are you looking at the same one Im looking at?
A. 315-1.
Q. Ok, and go down. Go down a little bit more. You're not forwarding this to anyone?
A. Unless there's another chain, no.
Q. Well, did you write Mr. Gongaware at 1:52 a.m.? In the morning?
A. I don't remember being up that late.
Q. Well...
A. Because usually I go to bed earlier than that. But it's possible. If the time stamp is right on the
email, then it's possible.
Q. I know it's past your bedtime, but if the time stamp is right, that would indicate that close to
2:00 a.m. You were sending this email underneath there to Mr. Gongaware?
Q. All right. And then Mr. Gongaware is telling you to take the doctor with him; right?
A. Correct.
Q. And why wasn't he there last night correct?
A. Correct.
Q. Now, did you write that you weren't sure what the problem is?
A. Yes.
Q. Ok, why don't you read what you wrote?
A. Tim and I are going to see him tomorrow, however, Im not sure what the problem is.
Chemical or physiological.
Q. So you offered two possible problems, causes?
A. Correct.
Q. Chemical?
A. Correct.
Q. Physiological?
A. Correct.
Q. Now, it never even crossed your mind when you wrote chemical that Michael Jackson was
using drugs; correct?
A. That's not what I was referring to, but it's possible at that time he was. I did not know.
Q. Sir, my question was when you wrote that, you never ... It never crossed your mind,
according to your testimony under oath, that Michael Jackson might have been using drugs;
correct?
A. And that was the one substantial thing I corrected in the deposition.
Q. We're going to get there.
A. Ok
Q. I'm going to give you a chance.
A. Thank you.
Q. In fact, sir, you've given about five different versions of what you meant by chemical, under
oath, haven't you, sir?
A. Five different versions I don't know if there were five different versions.
Q. Well, let's see. Let's look at the first one you testified to. You ready?
A. Go.
Q. And you recorded that email then, to Mr. Leiweke; right?
A. That is correct.
Q. And you wrote ... Can you tell me what you wrote to Mr. Leiweke?
A. I wrote; 'Tim and I are going to see him tomorrow, however, Im not sure what the problem
is. Chemical or physiological.'
Q. All right now, 'chemical,' you mean substance abuse?
A. I don't remember what I meant by 'chemical,' you know, at the time. Once ... Because the
reason ... As I say ... Because when you say 'substance abuse,' I don't know if it was
prescription medication he was taking or something else. I don't know.
Q. Ok
Q. By the way, that should be Mr. Gongaware you forwarded it to, not Mr. Leiweke; right?
A. Where?
Q. In the question that you answered.
Q. Ok, so that's your first testimony; right?
A. At the deposition, right.
Q. That's your first testimony under oath about what you meant by chemical; right?
A. Correct.
Q. And you said that Tim, Mr. Leiweke and you are going to go see him, Mr. Jackson, the next
day; right?
A. That's correct.
Q. Ok, well, let's see what you said
Q. You wrote to Mr. Leiweke, 'Im not sure what the problem is, chemical or physiological';
rightbecause of the coldness.
A. Yeah.
Q. Him shaking.
A. Yeah. He might...
Q. Thought it might have something to do with drugs; right?
A. No, I didn't.
Q. No?
A. No. He could have been sick, he could have had the flu, he could have been ... I have no
idea.
Q. Why don't you tell me what you mean by chemical, Mr. Phillips?
A. He could have been taking prescription medication. He could have had a reaction to that. I
just didn't ... I didn't know, because I wasn't privy to what Michael's regimen was at the
house.
Q. Could have been abusing drugs, couldn't he?
A. I don't know.
Q. Crossed your mind?
A. No.
Q. Never crossed your mind?
A. No.
Q. And so when you wrote here chemical or physiological, you thought there might have been
a doctor appropriately prescribing medications to him that was causing Mr. Jackson's
condition to be the way it was that evening?
A. It could have been a reaction to that, because all of my interaction with Michael, other than
the one meeting...
The reporter: Im sorry, could you repeat that?
Brand Randy Phillips: because of all my interaction with Michael, other than the one meeting
where he was a little vacant after he saw Dr. Klein, which I testified to, he was spot on and
totally coherent and he looked very healthy.
Q. Now, you wrote also that chemical or physiological. And I think you spelled physiological,
but did you mean physiological or psychological?
Q. And physiological to you means, I think we said this earlier... It means physical?
A. That's what I thought.
Q. Ok
A. That's what I would have thought.
Q. Ok, so that version, sir you said, number one, no drugs; right?
A. Correct.
Q. Number two, maybe prescription drugs, had a bad reaction; right?
A. Correct.
Q. And you told me today that it crossed your mind he might have been taking drugs; right?
A. Correct.
Q. So that's three versions so far; right?
A. Because I didn't know what was going on.
Q. Sir, is that three different versions?
A. Yes, yes.
Q. Let's go on to the next one.
Ms. Stebbins: there's another...
Mr. Panish: we'll get there. That's another version.
Ms. Stebbins: well, I want to...
Mr. Panish: when I get done, Ill get to that other one. We're on three so far.
Ms. Stebbins: got you.
Mr. Panish: let's go to four.
Ms. Stebbins: so you're going to pause at line 8?
Mr. Panish: when we finish, Ill play the next version.
Judge: Im sorry. Is there an objection you keep talking to each other.
Ms. Stebbins: your honor, there's a correction of two words to this sentence. Normally when we
get to the correction, we pause so we can read the correction. I just asked counsel if he was
going to do that, but he said he would...
Judge: well, normally after you play it, then the correction is read. So before you go on to the
next one
Mr. Panish: Im going to read it. Believe me.
Judge: ok
Mr. Panish: for sure. No worries.
Judge: ok, keep going.
Mr. Panish: let's go.
Ms. Stebbins: Im sorry. Mr. Bloss gave...
Mr. Bloss: Im one ahead.
Judge: you're squared away?
Ms. Stebbins: we're square.
Judge: very good.
Mr. Panish: let's go to the next version. This is for counsel.
Q. After the deposition was completed by us questioning, then your lawyer, Mr. Putnam, he
started questioning you; right?
A. That is correct.
Q. Ok, and this is after you and Mr. Putnam
Went out and met, and he questioned you about this exact
Subject; right?
A. That is correct.
Q. Ok, so let's see what you said when he asked you about it. This is the fourth version.

Q. And do you have an understanding as to what you meant by 'chemical' in this email?
A. Yes, I do. On reflection, I meant chemical meaning, did he have a chemical imbalance,
which would then cause depression, things like that. I'm not a doctor. It was just a general
term I used. But it was geared more toward psychological aspects.
Q. And I believe this was already asked by Mr. Bloss, so I apologize because it would be asked
and answered, but was there ever a time in June of 2009, up until the point of Mr. Jackson's
passing, where you had any worry that Mr. Jackson was misusing drugs?
A. No.
Q. Ok, so now in that answer, your lawyer, you gave a fourth version, plus you go back to the
version one that he never did; right?
A. I included all of these versions, because I couldn't remember exactly what I was referring to.
Q. So that's four separate versions you've given so far; right?
A. That is correct.
Ms. Stebbins: your honor...
Judge: hold on.
Q. And then...
Ms. Stebbins: before we continue, I just wanted to read this tiny correction.
Mr. Panish: Im going to read it right now myself.
Judge: they've been doing it the whole time.
Ms. Stebbins: your honor, its three words, which is just before the word chemical. Before the
word chemical, the witness changed that to say, on reflection, I could also have meant chemical.
So three additional words.
Judge: where is that; it could have also... Right after he said the witness now or...
Ms. Stebbins: as you sit here today, do you have an understanding as to what you mean by
'chemical' in this email? Yes, I do. On reflection, I ... In the corrected version ... could also have
meant chemical meaning he could have had a chemical imbalance.
Q. So that's five versions, right, sir, for the same word you gave; right?
A. You're counting. It's possible, yes.

Q. Under oath.
A. Correct.
Q. Two of them after you met with your lawyers, you changed; right?
A. Correct.
Q. All right. Let me show you this exhibit. You already have it.
A. 314?
Q. Yeah.
A. Yeah, I have it.
Q. This is Mr. Ortega. Remember you wanted to talk about that?
A. I have it.
Q. These were after Mr. ... Remember I asked you whether all your information was from Mr.
Hougdahl, and you wanted to refer to Mr. Ortega and I said I would get to that.
A. Correct.
Q. So Mr. Ortega writes you, then, now, the next day, at 9:57 in the morning, June 20th; right?
A. Yes.
Q. This is a new email, and he only writes it to you; right?
A. Correct.
Q. Now, does Mr. Ortega tell you that he'll do whatever ... Well, that's a long one. Does he tell
you that he'll do anything he can to help?
A. Yes.
Q. Ok, then he tells you; we brought the doctor into the fold, and I played the tough love
card ... I'm sorry. Let me start over. Why don't you read it?
A. Ok, Ill read it.
Q. All right. So Im going to yellow out the part Id like you to read; ok?
A. Ok
Q. And starts with my concern and ends with card. Go all the way through the sentence to stuff.
Ok, can you do that for me?
A. Yes.
Q. Thank you.
A. my concern is now that we've brought the doctor into the fold and 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.
Q. What did you understand that Mr. Ortega meant by that?
A. Well, when he said, brought the doctor into the fold, I assumed he meant the conversation
with Dr. Murray at some point.
Q. Which conversation?
A. One that he had.
Q. Ok, he doesn't say, now that Ive brought the doctor into the fold, does he, sir?
A. No.
Q. Who does he say, what word does he use?
A. we.
Q. And who are the people on the email?
A. Me and him, but he may have meant Paul, also. I'm not sure who the ... The we could have
been more than just the two of us. Only ... The email is only to the two of us.
Q. When someone is saying we, and they're writing to you, you and them, don't you think they're
including you in that?
A. No, but he could have meant the whole production. I don't want to argue with you, but he may
have meant the whole production. I want to give you the answer to the best of my ability. I'm not
100 percent sure.
Q. I appreciate that. Now let's go back to my question, if you could answer that.
A. Yes.
Q. When someone says we, would you agree with me that they're at least referring to at least the
person they're writing to and themselves?
A. Of course.
Q. At a minimum?
A. At a minimum.
Q. And you think maybe Mr. Gongaware, maybe AEG Live is included in that, too; right?
A. I think people involved in the production ... He could have been referring to the actual people
involved in the production.
Q. Ok, who in the production ... By the way, all the people in the production had contracts with
AEG Live; is that right?
A. I'm not sure. Some were contract employees, some weren't.

Q. Ok, well, who from the production do you think he was referring to?
A. Paul.
Q. Anyone else?
A. No.
Q. So you work for AEG Live; right?
A. Correct.
Q. Paul Gongaware works for AEG Live; right?
A. Correct.
Q. Kenny Ortega was working for AEG Live as the director of the show; right?
A. Technically, he was working for Michael.
Q. He didn't have a written contract with AEG Live?
A. He did, but it was for Michael's production of this is it.
Q. Who drafted the contract?
A. We did. That's what producers do.
Q. Who is we?
A. My company. It would have been either Kathy Jorrie or Shawn Trell.
Q. Did your company signed the contract?
A. Probably.
Q. Have you ever seen the contract?
A. When I signed it, if I signed it.
Q. So if you signed it, you saw it; otherwise, you don't know?
A. No. There would have been no reason for me to see it unless they were giving it to me to sign.
Q. My question was pretty simple. If you signed it, you saw it; otherwise, you didn't; is that fair?
A. Correct.
AEG objection: asked and answered. Judge: overruled.
Q. Now, what does it mean to bring someone in the fold to you, sir?
A. To tell them what's going on, simply put.

Q. tell them what's going on. Does it mean you're with them, working together?
A. Well, in this case, I believe he meant, tell him what happened at rehearsal. Give him that
information.
Q. Well, when you bring them into the fold, would that mean you're having meetings with
someone, if you're bringing them into the fold?
A. It could be a meeting, it could be a conversation on the phone.
Q. Could it be an intervention?
A. It could be a meeting, a conversation on the phone. Want to use the word intervention, could
have been an intervention of some sort. I don't know.
Q. I'm using your word.
A. I know.
Q. When you met with Dr. Murray and had what you called an intervention, was that part of
bringing him in the fold?
AEG: objection.
Brandon Randy Phillips: about going to rehearsals and focusing on the show.
Q. No, just ... When you had what you've called an intervention, was that part of what Mr. Ortega
was referring to, to your understanding, of bringing the doctor...
A. Yes.
Q. Into the fold?
A. Yes.
Q. And then when you had another meeting ... Or strike that. Did you ever ask Mr. Ortega what
he meant?
A. No.
Q. Then Mr. Ortega writes, he appeared quiet, weak and fatigued this evening; is that right?
A. Yes.
Q. terrible case of the chills, trembling, rambling, obsessing; right?
A. Correct.
Q. everything in me says he should be psychologically evaluated; correct?
A. Correct.
Q. Did you agree with that?

A. Based on what Kenny was saying, yes.
Q. Let's see what you said about that in your deposition, sir.
Q. Then if you look at it temporally, the next one is Kenny responding to your 10:47 email at
2:04 in the morning that we've talked about already. Exhibit 24; right?
A. Correct.
Q. And where at least Ortega writes; everything in me says he should be psychologically
evaluated; did you agree with that?
A. Do I agree that he sent it?
Q. Well, you already said that he sent it. Do you agree with what Mr. Ortega wrote?
A. I'm not a doctor.
Q. Did you agree at the time?
A. I do not recall.
Ms. Stebbins: and Ill object for the sake of the record that this appears to refer to a different
document, or at least the email says 9:04 and 2:04. I don't know if there's a time stamp problem.
Judge: let's go back and look at the testimony for a minute. I mean, I think it's referring to the
text; right?
Mr. Panish: absolutely. And I asked him, did he agree with Mr. Ortega that he should be
psychologically evaluated.
Judge: can we roll back a little bit?
Ms. Stebbins: I think it's a different copy of the same...
Judge: well, if it's the same email, different...
Ms. Stebbins: it's not the same chain here. Just make sure we have a clear record as to which
document we're talking about. The depo exhibit It does appear to contain the same text, but it
has a different time stamp. It says June 20th, 2009, at 2:04 a.m.
Judge: when it was sent to Mr. Phillips?
Ms. Stebbins: yes. It's the same email, I believe, other than the discrepancy in time.
Judge: ok, discrepancy noted, but you may continue.

Q. Ok, Mr. Phillips, I just asked you whether you agreed with Mr. Ortega writing that he should
be psychologically evaluated and you testified today yes; correct?
A. Based on reading this at the time.
Q. Sir...
A. No, I understand. I understand. Just ...Mr. Panish.
Q. You said you were going to try to answer my questions.
A. I am. But we had a meeting within 12 hours or so of this, ok, so Im trying to figure out what I
thought then versus what I knew after the meeting. That's all.
Q. Sir, let me ask you the question again.
A. Ok
Q. I just asked you right now, did I not, did you agree that he should be psychologically
evaluated and you said yes; correct?
A. Correct.
Q. Ok, then I just read or played your deposition testimony where you were asked the same
question, and you said, I don't recall. Is that right?
A. Correct.
Q. Ok, so now as you sit here today ... And by the way, when you read that transcript with that
email, and you signed it under penalty of perjury, did you change it?
A. No.
Q. So now you say under oath that you agree he should have been psychologically evaluated;
correct?
A. No. I said I agreed with what Kenny was saying. To the best of my recollection, that's
probably what I felt at the time.
Q. That he should be psychologically evaluated?
A. Correct.
Q. Ok, now, sir, that's two people telling you that he should be psychologically evaluated within
a couple hours, isn't it, sir?
A. Yes.
Q. What psychologist did you call, sir?
A. We ... We had a meeting. I scheduled a meeting with Michael's personal physician.

Q. Sir...
A. I'm not responsible for Michael's health care. He's an adult.
Mr. Panish: your honor, could I ask...
Brandon Randy Phillips: he had a personal physician.
Mr. Panish: that he answer the question; ask that be stricken.
Judge: motion granted; answer stricken. Listen to the question.
Brandon Randy Phillips: all right.
Q. Maybe it was unclear. I apologize. Can you tell us all the name of the psychologist that you
contacted after two people felt that that should occur?
A. There was no psychologist contacted.
Q. Ok, could you tell us the name of the psychiatrist that you contacted after two people within
several hours from your company told you they felt they should do that?
A. There was no one contacted, although we did get a name of a psychologist.
Q. Oh. What was the name of the psychologist?
A. It came from John Branca. It's on an email from John Branca to me when I forwarded it to his
whole team.
Q. I'm going to get to that, sir.
A. Ok
Q. So what was the name of that psychologist?
A. We will when we get to it. I don't remember his name.
Q. Is it fair to say, sir, you contacted no psychologist or no psychiatrist, despite two of the higher-
ups in the production, saying to do that; right?
A. At 10:30ish Friday night and 9:04 Saturday morning, that is correct.
Q. Well, it's true to this day you never contacted a psychologist or psychiatrist; isn't it, sir?
A. Correct. Absolutely correct.
Q. Now, sir in that email, Mr. Ortega's also telling you, I believe, that the choreographer said
that Michael, at the costume fitting, that he's noticed he lost more weight; correct?
A. Correct.
Q. And Mr. Ortega told you; there still may be a chance that Michael can rise to the occasion if
he gets the help he needs. Correct?
A. Correct.
Q. And had there already been an AEG Live meeting where you had threatened to pull the plug,
sir?
A. An AEG Live meeting?
Q. Or a meeting where you were present where you threatened to pull the plug?
A. No.
Q. Ok, does Mr. Ortega refer to pulling the plug in this email?
A. Yes.
Q. And you deny...
A. Hold it. Hold it. Yes. Yes.
Q. Do you deny ever telling anyone...
A. He didn't say threatened to pull the plug. That's not what that says.
Judge: well, one at a time.
Q. Pull the plug. If we pull the plug; right?
A. it would break his heart, yes.
Q. And you never told anyone at any time that you might pull the plug. Is that your testimony?
A. That is.
Q. And you never threatened Michael Jackson and told him you'll pull the plug?
A. No.
Q. And you never threatened him to say you have all his money, and if he doesn't work, he's
going to lose everything?
A. We would never have dealt with Michael that way, no.
Q. Well, sir you watched some videotapes of Dr. Conrad Murray, didn't you?
A. Watched some videotapes. I'm not sure what you're referring to.
Q. YouTube. You know what that is?
A. Yes.
Ms. Stebbins: Im going to object, your honor and potentially ask for sidebar.
Mr. Panish: on what?
Judge: potentially or you want a sidebar?
Ms. Stebbins: I want a sidebar on this issue.
Mr. Panish: for what?
Judge: ok, we'll find out.
Mr. Panish: I guess we will. Well, your honor, it's five to 3:00. Maybe this would be a good time
to take the break so we can move this along.
Break
Q. Ok, Mr. Phillips, we are starting with this exhibit. You have that in front of you, sir?
A. Yes, I do.
Q. Good. If you could put that up. Now, sir Mr. Ortega talked about playing the tough love
card, now or never. Do you remember what he was talking about?
A. No, I wasn't sure what he was talking about when he said that.
Q. Did you have an understanding of what he meant by that?
A. No.
Q. So you never ... No idea?
A. No idea.
Q. And you never asked him what he meant by the tough love card?
A. No.
Q. Did you have an understanding of what the tough love card meant?
A. No, you really need to ask him.
Q. So I guess the answer is no...
A. No.
Q. You have no understanding whatsoever?
A. No.
Q. Is that right?
A. Correct.
Q. Did it have anything to do with the prior meeting you had with Dr. Murray and Michael
Jackson at Michael's home?
A. I don't know what he meant, so I can't answer that question.
Q. Ok, same thing with now that we've brought the doctor into the fold. You have no idea what
he meant?
A. It would be more helpful if you asked him. I would only just be speculating.
Q. So I guess the answer, again, is you had no understanding?
A. My assumption is he told the doctor about what was happening at rehearsal.
Q. Ok, now, you told me that it wasn't your job to deal with Mr. Jackson's health; right?
A. Correct.
Q. Ok, did you tell Mr. Ortega when he said, now that we ... we, referring to you and him ... have
brought the doctor into the fold, hey, that's not our job. Don't do that?
A. No, we never had that conversation.
Q. Did you write to him when you got that, Kenny, why are you saying that? That's not our job.
We don't get involved with doctors. Did you do that?
A. No, I never would have done that in response to this.
Q. So the question is...
A. Is no.
Q. That's the answer?
A. Yes.
Q. But what you did do is, you went over and had a meeting with Dr. Murray; right?
A. Correct.
Q. Now, the next morning...
A. At the behest of frank Dileo.
Q. We're going to get to that.
A. Ok
Q. Could you please just try to answer my question, sir?
A. Yes.
Q. Now, the next morning, if we could put that up. You have that in front of you, sir?
A. 315?
Q. Yes.
A. Yes.
Q. Ok, and then Mr. Gongaware writes to you at 5:59 a.m. In the morning; right?
A. Yes.
Q. And he tells you ... Well, to put it in context. I don't want to have to go back. He's referring to
you telling him that Tim and I, meaning yourself, are going to have a meeting tomorrow; right?
A. Correct.
Q. And you're not sure about the problem, chemical or physiological; correct?
A. Correct.
Q. And he writes to you four hours later, approximately; take the doctor with you. Why wasn't
he there last night? Is that right?
A. Correct.
Q. Did you tell Mr. Gongaware, hey, that's not our job, to deal with the doctor?
A. No.
Q. Did you tell him what ... the doctor's not supposed to be there at rehearsal?
A. Well, that's not ... I don't know what instructions Michael gave the doctor, so I don't know.
The answer is no.
Q. Did you understand what Mr. Gongaware meant, sir?
A. By take the doctor with you?
Q. Yes.
A. Yes. He meant, if you're going to have a meeting with Michael, take Dr. Murray with you.
Q. All right. Now, Im going to show you another exhibit. You can just leave those there
(indicating).
A. Thank you.
Q. Seen that before, sir?
A. Yes.
Q. Ok, is that one of those documents that your lawyers showed you to prepare you to testify
here?
A. That is correct.
Q. You just told me that ... When I asked you if you got the name of a psychologist, that Mr.
Branca sent you the name of the psychologist; right?
A. I don't remember if he sent me the name, but he said he had somebody.
Q. Didn't you just tell me...
A. Yes.
Q. Sir, can I finish my question, please?
A. Yes, sir. Yes, sir.
Q. Just about 25 minutes ago ... Wait. That's not right. At about 15 minutes to 3:00, I asked you,
could you give us the name of the psychologist or psychiatrist? And you said, I can't remember
his name, but Mr. Branca had one and provided the name. If you show me that email, Ill
remember the name. Did you testify under oath to that at about a quarter to 3:00, sir?
A. Yes, I did, and I was mistaken.
Q. Is that a yes?
A. Yes. It's a qualified yes.
Q. Well, sir, that testimony that you gave at approximately quarter to 3:00 was, again, not correct
testimony under oath; correct?
A. Correct.
Q. Another mistake on your part?
A. Yes, sir.
Q. Because now at the break, you reviewed this email, didn't you, sir?
A. No.
Q. You didn't?
A. No.
Q. Someone tell you that the name wasn't in the email?
A. No. I remembered it after I said it.
Q. But you didn't correct it and tell me, like you've been trying to do with the other things, did
you?
A. No.
Q. Ok, so this email is where Mr. Branca writes to you and others; correct?
A. Correct.
Q. And could you read what he wrote to you, sir?

A. I have the right therapist/spiritual/advisor/substance abuse counsellor who could help
(recently helped mike Tyson get sober and paroled). Do we know whether there is a substance
issue involved? Perhaps better discussed on the phone.
Q. Now, is there a name in there, sir?
A. Mike Tyson. That was my confusion. I'm sorry.
Q. Is mike Tyson a psychologist or psychiatrist, sir?
A. No, he needed one. I just knew there was a name in the email. I didn't remember if it was a
doctor's name. Obviously not. I was mistaken.
Q. Ok, well, let's look at the email that you wrote at 2:04 a.m. Did you forward Kenny Ortega's
email to anyone, sir?
A. Yes.
Q. And that was at 2:04 a.m. In the morning; right?
AEG objection: misstates the document. Judge: overruled.
Q. Tell us, sir ... Let's not mistake the document. Tell us what time you sent the forwarded
document, sir.
A. It says 2:04 and 57 seconds. It just seems like I usually go to bed before that, but obviously if
the time stamp is correct, that's when I sent it.
Q. Well, does 2:04 misstate what it says on that document; correct me if Im wrong.
A. No, no. That's what it said. So Im assuming that this is an email I sent at 2:04.
Q. Well, isn't that Mr. Ortega sending something to you?
Judge: is there something wrong there; I see you...
Ms. Stebbins: your honor, this is just a very minor thing.
Mr. Panish: well, excuse me. They can't just testify for the witness.
Judge: no, I asked them. They're answering my question.
Ms. Stebbins: Im just trying to make sure that the record is not confusing, your honor. It appears
Mr. Ortega's email was at 2:04, and Mr. Phillips forwarded it at 6:50 a.m. That's my...
Mr. Panish: she's trying to correct the witness's testimony. I mean, he can't testify on his own?
He needs his lawyer to testify for him?
Judge: no. Let's make it correct. Is there some other place on the email where it reflects that?
Ms. Stebbins: yes, your honor. Right there on the screen. Saturday, 6-20-2009, 6:50 a.m.
Judge: ok, where it says, from Randy Phillips. Ok, all right.
Q. Sir, it's your email. I'm just asking you...
A. No. I didn't read it carefully. I'm sorry.
Q. Ok, this is just a mistake. That's ok, do you need your lawyer to testify for you?
AEG objection: argumentative. Judge: sustained.
Brandon Randy Phillips: I thought we weren't going to argue.
Judge: ok, now you're arguing.
Brandon Randy Phillips: you're right. You're right.
Judge: Im trying to help everybody out.
Brandon Randy Phillips: my mistake. I'm sorry.
Juror no. 7: ah, poor judge.
Judge: we just want to get it right.
Brandon Randy Phillips: me, too.
Q. That email at 6:50 a.m....
A. Yes.
Q. Is that right?
A. Yes.
Q. You sure?
A. Yes.
Q. Now, sir, did you respond to Mr. Ortega ... Excuse me. Did you respond to Mr. Branca's
email?
A. I don't believe so. Not ... I may have. I'd have to look. You'd have to show it to me.
Q. As you sit here today, sir, after spending 32 1/2 hours preparing, reviewing all these emails, do
you recall whether you responded to Mr. Branca's email?
A. I remember there was an email where I ... And it may have been Mr. Branca. I'm not sure.
There was an email that said, might be odd to bring someone new in this late. I don't remember.
There was some email like that. Of the 9,000 like that, there was an email like that.
Q. Did you ever respond to Mr. Branca's email; yes or no?

A. I'm not sure.
Q. Ok, did Mr. Branca ever give you the name of the substance-abuse counselor?
A. No.
Q. Did you ever ask him for the name of the substance-abuse counselor that recently helped mike
Tyson get sober and paroled?
A. No.
Q. Do you know if Mr. Gongaware ever did that?
A. I do not know.
Q. Did you do anything in response to Mr. Branca's email to you?
A. Just the meeting on the 20th.
Q. Did you do anything in response to Mr. Branca's email; yes or no?
A. No.
Q. Now, Mr. Kane, is that one of Mr. Jackson's accountants?
A. Michael Kane was Mr. Jackson's business manager, yes.
Q. Business manager. And, actually, I need to show you this exhibit, which is the next one; right?
A. Thank you.
Q. Did you ... Excuse me. Did you tell Mr. Kane that it's impossible to advance any more money
to Mr. Jackson?
A. I did.
Q. Did you tell ... Let's put that ... You wrote some of these; right?
A. Correct.
Q. And you received these, also; right?
A. That is correct.
Q. And this is Mr. Kane responding to the email that you forwarded at 6:50 a.m.?
A. Correct.
Q. And he's saying...
AEG objection: misstates the document.
Judge: it might. It looked like it was in response to the one below.
Mr. Panish: 6:55. I'm sorry. I'm sorry. I was off five minutes.
Ms. Stebbins: I was just confused as to which chain you were referring to.
Mr. Panish: 6:55. I'm sorry. It was not 6:50.
Q. That was my mistake, Mr. Phillips. It was 6:55. And it doesn't give us the seconds. So let's go
down to that one.
A. Ok, and I ... And Michael Kane writes to me; and I thought it couldn't get worse.
Judge: I think we need a question first.
Mr. Panish: I don't have any question yet.
Brandon Randy Phillips: oh, Im sorry. It was highlighted. I thought you wanted me to read it.
Q. Well, I have to ask you a question.
Judge: let's get a question.
Q. What did Mr. Kane write to you in response to your email; he wrote back about a minute later;
right?
A. Uh-huh.
Q. yes?
A. Yes.
Q. And what did he say to you?
A. and I thought it couldn't get worse.
Q. And was this in response to something that you said to him?
A. Probably it was in response to the ... Whatever email I forwarded to him.
Q. Ok, let's go down and see what you said to him. Didn't you send him an email a minute before
that?
A. Yes.
Q. And what did you say to Mr. Kane at that time?
A. this is why it is impossible to advance any $$$. He may, unfortunately, be in anticipatory

breach at this point.
Q. Was Mr. Jackson trying to get money advanced at this time?
A. Michael Kane, I believe, had asked for a million-dollar advance to pay Mr. Jackson's bills.
Q. Do you know that or are you speculating?
A. No, he did ask for a million-dollar advance. I'm just not sure if it was at this point or if it was
later in the week.
Q. Ok, well, when he says, just when I thought it couldn't get any worse, he's referring to Mr.
Jackson; correct?
A. Correct. And the situation.
Q. And you respond: it could. Kenny Ortega could quit. Right?
A. Correct.
Q. And he was the director of the show?
A. That is correct.
Q. But then you also said that ... Go down a little bit. Unfortunately ... No. he may,
unfortunately that's Mr. Jackson; right?
A. Correct.
Q. be in anticipatory breach at this point; right?
A. Correct.
Q. Ok and you went to law school for two years; right?
A. Yes.
Q. And the first year of law school, you learn about contracts; is that correct?
A. That is correct.
Q. And breach means what?
A. Breach of contract means to repudiate a contract.
Q. A. Breach means you don't perform?
A. Perform, yes.
Q. Right?
A. Uh-huh.
Q. yes?
A. Yes.
Q. In other words, if I have a contract to do something with you and I don't do it, then Im in
breach of the contract unless there's some other reason why?
A. Correct.
Q. Generally speaking?
A. Generally, correct.
Q. Right and anticipatory, what does that mean?
A. The way I used it ... And I may have been incorrect in the way I used it ... Is that Michael was
going to cause the production not to go forward, not to be able to complete and go forward, by
not appearing at the rehearsals. That was my concern.
Q. Ok, so if ... Well, first of all, I asked you ... My question was what does anticipatory mean?
A. Yeah.
Q. Not how you used it. What does it mean to you?
A. The easiest way I could describe what I meant, even if I used the word incorrectly, was that he
was planning not to perform or planning...
Q. What I was asking you, sir, based on your law-school experience, what does the word
anticipatory mean. Not how you were using it on here. What does it mean?
A. It means to participate.
AEG objection: to the extent it calls for a legal conclusion. Mr. Phillips is not an attorney
and he's answered the question repeatedly as to what he thought it meant at the time.
Judge: ok, overruled.
Q. You, sir believed or anticipated that Mr. Jackson was going to breach the contract by not
coming to rehearsal. Is that a fair statement?
A. That is fair.
Q. So in your mind, based on your understanding of the contract, one of the terms that Mr.
Jackson had to follow or abide by was to come to rehearsal; correct?
A. No.
Q. Ok, well, sir, to breach something means that you won't comply with the terms or the
agreement;
Right?
A. Correct.
Q. Ok, so if something is agreed upon as part of the contract and you don't do it, you're in breach
of the contract; is that right, sir?
AEG objection: calls for a legal conclusion. Judge: overruled.
Brandon Randy Phillips: ok, correct.
Q. Ok, so if ... Are you telling me that the contract did not call in any of its provisions or
subsequent actions that Mr. Jackson had to go to rehearsal?
A. Because none of our tour agreements would do that. You would expect the artist to want to
perfect his production.
Q. So could you answer my question?
A. The answer is yes.
Q. yes, it was part of the agreement?
A. It was not part of the agreement.
Q. So if it's not part of the agreement and you don't do it, you can't be breaching the agreement,
can you, sir?
A. No, you can if his lack of appearance caused the production to not be able to get complete,
then we would not have been able to open the show on time in London. And that's what I was
referring to.
Q. So indirectly, you have to go to practice or rehearsal, because if you don't, then the show can't
go on time and the contract calls for the show to go on time; is that a fair statement?
A. The show as technical and complex as that, yes.
Q. So part of the agreement was, inferred or agreed, additionally, was that Mr. Jackson had to go
and rehearse with all the people so the show could go on time?
A. Correct. It wasn't written in the contract, though.
Q. But it was expected and agreed upon that Mr. Jackson had an obligation, a requirement, to go
to rehearsal?
AEG objection: to the extent it calls for a legal conclusion.
Judge: Im sorry. Hold on.
Ms. Stebbins: calls for a legal conclusion.
Judge: overruled.
Brandon Randy Phillips: requirement may be a little too strong, but I was concerned that if he
didn't go to rehearsals, Kenny couldn't finish the production.
Q. Well, would you say it was an obligation he had?

A. Yeah, I could live with that word.
Q. So Mr. Jackson, according to you and everyone else at AEG Live, had an obligation to go to
rehearsal?
AEG objection: lacks foundation as to everyone else. Judge: ok, sustained as to everyone
else.
Q. You, as the CEO Of the company, believed Mr. Jackson had an obligation to attend rehearsals
as part of the contract; correct?
A. I felt Michael had that obligation, yes.
Q. Right and Mr. Jackson, he couldn't just say, you know, I don't want to go to rehearsal ever,
because that's just not my thing. I know how to do it, could he, sir?
A. Well, he actually did say something like that, but...
Q. That wasn't my question.
A. That wasn't a yes or no. please repeat the question.
Q. It's very simple.
Mr. Panish: could I ask the question be read back?
Judge: yes. You may read it.
Q. If you don't understand it, let me know. I'll be happy to repeat it.
A. I know.
*the requested question was read back*
Brandon Randy Phillips: he could say that.
Q. But if he did, then he would be breaching the contract?
A. Possibly, yes.
Q. Well, in your opinion?
A. In my opinion.
Q. Because you wouldn't write that, that he might ... he may be in anticipatory breach if you
didn't feel that was true; right?
A. That's correct.
Q. And the reason why you wouldn't advance him money was because you thought he could be
or he may be in anticipatory breach?
A. Correct.
Q. And he hadn't received all the money that he could in advance under the contract, had he?
A. I don't know. You'd have to ask Kathy Jorrie.
Q. Who?
A. Kathy jorrie.
Q. Because you haven't read the contract?
A. I read it when I signed it. I haven't read it in preparation for testimony, no.
Q. You haven't read it since January 28th, 2009?
A. Correct.
Q. And so you felt that Mr. Jackson's not attending rehearsal may have placed him at this time,
June 20th, 2009, in breach of the contract?
A. Correct.
Q. And because of that, you wouldn't advance him any money?
A. At that point in time, when Michael asked, yes.
Q. And you told that to his business manager?
A. Correct.
Q. And you expected him to relay that to Mr. Jackson?
A. I was just responding to his request, so...
Q. Did you expect him to tell that to Mr. Jackson, what you had said?
A. I had no expectation of what he was going to do with that.
Q. But you expected Mr. Jackson to go to rehearsal; right?
A. Correct.
Q. And, sirwhen you wrote that, you're not even sure that was the right term to use; right?
A. The word anticipatory?
Q. Anticipatory.
A. I wasn't sure if I used the word correctly from a legal standpoint.
Q. In fact, when you read it, it doesn't make any sense to you; right?
A. Correct.
Q. Ok, now, you were worried that the concerts were going to not go as scheduled at that time,
June 20th, 2009; right?
A. That is correct.
Q. And you were worried that there was a lot of money at stake and you didn't want this to fail;
right?
A. I was ... That was one of my concerns. And I also was concerned about his career.
Q. You were also concerned about the reputation of AEG Live, weren't you, sir?
A. Not really.
Q. Ok, so then if the concert failed and it didn't go forward, you had no concern whatsoever how
that would look for AEG Live is that your testimony today?
A. That is ... That is my testimony. AEG live would have survived it not happening.
Q. I asked you whether you had any concern, whatsoever, how it would look for you as the face
of AEG Live and AEG Live, if the biggest event ever that you were promoting and producing
didn't go forward. Were you concerned about that, and your image?
A. Of course. Part of it, yes. Part of it, yes.
Q. Of course.
A. Yes.
Q. I want to show you an exhibit. I haven't given it to you yet. I'll provide that to you, sir
A. Thank you.
Q. Familiar with that, Im sure sir; right?
A. Let me read it.
Q. You may.
A. Yes, it's a continuation of that chain, yes.
Q. And this is one that you reviewed with your attorneys this morning; correct?
A. Yes. Yes.
Q. Because you knew I was going to ask about it; right?
A. We assumed, yes.
Q. Ok, and let's see, if we look at ... You remember the Mr. Ortega email at 2:04 a.m. That you
received. Let me show it to you just so we're all together.
A. I have it. I have it in front of me.

Q. So this initial one is you at 6:58 a.m. responding to Mr. Ortega's email at 2:04 a.m.?
A. That is correct.
Q. So you're up writing back to Mr. Ortega?
A. Correct.
Q. Ok,
A. Uh-huh.
Q. Ok, why don't you read what you wrote; this is only to Mr. Ortega; right?
A. Well, this is ... In this version, it's hard to tell if there were other people on this email, but
according to this, yes. It says; Kenny, I will call you when I figure this out. We have a person
like that, Brigitte, who is in London advancing his stay. We will bring her back ASAP and
frank, too, however I am stymied on who to bring in as a therapist and how they can get
through to him in such a short time.
Q. Ok and Brigitte, we talked about yesterday, remember?
A. Brigitte Segal.
Q. She was the one arranging for housing for Dr. Murray, among others?
A. Correct.
Q. And what kind of therapist was Kenny referring to here?
A. I believe ... I'm not sure if he meant a physical therapist or psychological therapist. I believe
he meant a physical therapist.
Q. Ok, so your testimony is your belief was that Kenny wanted a physical therapist and that's
what you were writing about; correct?
A. That's what I believed, yes.
Q. Ok, well let's see what you said about that at your deposition, sir. We just provided it to
you.
Q. When ... Now, if you look again at the bottom, June 20th, at 6:58 a.m., you wrote back to
Ortega responding to the 2:04 email; right?
A. What?
Q. Look at the very bottom of the second page.

A. Yes.
Q. Ok, you wrote back to Ortega; I will call you when I figure this out; right?
A. Correct.
Q. You wrote on the third page later in that email; I am stymied on who to bring in as a
therapist and how they can get through to him in such a short time; right?
A. Correct.
Q. What kind of therapist?
A. Whatever Kenny was asking for.
Q. He was asking for a psychological evaluation; right?
A. Based on whatever Kenny was asking for, that was ... And yeah, he said ... He said 'strong
therapist,' was his language.
Q. Yeah and you understood that to be a psychological therapist, a mental health counselor?
A. I assume. I don't remember. I was responding to that email.
Q. Well, sir, the email at 2:04 a.m., Kenny was telling you what, sir everything in me says
what. Would you read that, what he told you at 2:04 a.m.? That you were responding to, sir?
A. Randy, I will do whatever I can to be of help...
Q. Time out. I'm sorry. You don't have to read the whole thing. Just specifically to the therapist
here that he was referring to; okay?
A. Well...
Q. If you want to read the whole thing, go ahead, but Im just telling you...
A. It might help them understand the context, but Ill do whatever you want.
Q. I think they've probably seen it enough. They don't want to see it anymore. I think they've
seen it a lot more than we have.
A. Ok, do you want me to read the whole thing or just that line?
Q. It would be helpful if you could just read that one line.
A. everything in me says he should be psychologically evaluated.
Q. And that's the email that you were responding to; right sir?
A. That is one line in the rather long paragraph.

Q. Does it say anything in there about a physical therapist, sir?
A. Well, it talks about him being weak ... Spelled wrong ... And fatigued, you know, so ... And
there was an email about him having a physical therapist, so Im conflating.
Q. Didn't he already have Lou Ferrigno training him, sirthe incredible hulk?
A. He had hired Lou Ferrigno.
Q. Who hired him?
A. Michael hired him, is my understanding.
Q. Did you see the contract?
A. No.
Q. Who told you who hired him?
A. I have no idea.
Q. So you have no idea who hired him?
A. Lou Ferrigno no.
Q. But you just said Michael...
A. We didn't recommend Lou Ferrigno, so I have no idea.
Q. But you just told us that Michael hired him.
A. I assume Michael hired him.
Q. You have no basis to say that because you have no idea?
A. You're 100 percent correct.
Q. Another mistake; right?
A. It happens, yes.
Q. So let's go back to see if you're mistaken here. Mr. Ortega is concerned about emotional stuff;
isn't he, sir?
A. No, he's also talking about physical nurturing. It's not that clear.
Q. Ok
A. You know.
Q. So you're telling us that Mr. Ortega wanted a strong physical therapist, then is that what
you're telling us?
A. It would help him get through his immediate physical nurturing.

Q. Well, let's read what he says, sir.
A. It's very possible it could be a psychologist of some kind.
Q. Sir, I want to know what you know, and let's read it. First of all, he talks about; may be
unable to rise to the occasion due to real emotional stuff. Right?
A. Correct.
Q. And he says; weak, fatigued, chills, trembling, rambling, obsessing. Right?
A. Correct.
Q. everything in me says he should be psychologically evaluated. Does he mention physical
therapist there?
A. No.
Q. Then he goes on to say; 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.
Now, does that ... Is that your understanding that he ... You thought he needed a real strong
physical therapist to work on him, sir?
A. I think Kenny meant any of the above. That's my reading of it.
Q. So he needed a strong physical therapist?
A. Most dancers do.
Q. Is that your understanding of what Mr. Ortega said; he needs a strong physical therapist to
help him through this?
A. I think he needed both, but in this case, he's obviously talking about psychologically
evaluated. So that would take ... I'm not sure that's a therapist or psychiatrist.
Q. Ok, well sir, Mr. Kane told you, would a financial coming-to-Jesus speech help or add to his
Pressure?
A. Where is that?
Q. Right there
A. Where is that?
Q. Oh, actually, it's on this other one. My mistake. You got me on that.
A. See, we all make mistakes.
Q. I don't know. I haven't made 50 of them, though.
A. Well, I don't know. I haven't watched the whole trial. Only kidding. I'm sorry. I'm sorry.
Q. But, sir Im not under oath. You are.

A. I know you keep reminding me. I know.
Q. Companies make mistakes, don't they, sir?
A. Everybody makes mistakes.
Q. Companies make mistakes, and when companies make mistakes, they're held responsible,
aren't they, sir?
*inaudible response*
Q. What did you say, sir?
The court reporter: I didn't hear it, either.
Brandon Randy Phillips: nothing. Something I was thinking.
Q. What did you say?
A. I thought you were making your summation.
Q. Sir, I just asked you a question.
A. Companies are people. People make mistakes.
Q. And when companies make mistakes, under the law, they're held financially accountable,
aren't they, sir?
AEG: objection.
Brandon Randy Phillips: I don't know. That's a broad question.
Judge: overruled.
AEG objection: argumentative.
Brandon Randy Phillips: it's broad question. Of course if they're found guilty of something, yes.
Q. Sir, this isn't a criminal trial. This is a civil trial, isn't it, sir?
A. Yes, it is.
Q. Is anyone going to be found guilty here sir?
A. No, no.
Q. Let's look at this email from Mr. Kane writes you at 7:00 in the morning, sir?
A. Where in this email?
Q. Well, if you look on the monitor right in front of you, you could see it.
A. Ok, would a financial coming-to- Jesus speech help or add to his pressure?
Q. Did he write that?
A. Yes.
Q. Did you respond to that?
A. I most certainly would have.
Q. Ok, let's see what you said. Why don't you read what you said, sir?
A. Ok, please put it up.
Q. Sure. Absolutely. Whatever you want.
A. it would help. At this point we need to break through. I am going to call his doctor to
discuss.
Q. So you told us earlier that it's not your job to be concerned about Michael Jackson's physical
condition; correct?
A. It's not my job. I'm not responsible for his medical needs. We are promoters. That's what we
do.
Q. Is that a yes, sir?
A. That's a yes, that I testified to that.
Q. But you are concerned about AEG Live's financial interests, aren't you, sirthat's your job?
A. That's my job.
Q. Right; to protect the financial interests of your company; right?
A. That is correct.
Q. Right and when talking about a come-to-Jesus financial speech, you said, it would help, but
Im
Going to call the doctor to discuss this; right?
A. Yeah, because he's asking if it would help. I don't know what...
Judge: listen to the question.
Brandon Randy Phillips: ok, go ahead. Repeat the question.
Mr. Panish: could I ask that it be read back, please?
Judge: can you read it back?

Q. And, sir, on the 20th, you spoke to frank Dileo, didn't you?
A. Yes, I did.
Q. And you asked frank ... Excuse me. Frank asked you to meet with Michael and the doctor;
correct?
A. In place of him.
Q. But you had already agreed with Mr. Leiweke before communicating with Mr. Dileo to have
the meeting with the doctor, hadn't you, sir?
A. What is the question?
Mr. Panish: could I ask it to be read back, please?
Judge: you may read it back.
Brandon Randy Phillips: I believe I committed to have a meeting with Michael and Kenny
Ortega, the director, not the doctor.
Q. No, no.
A. You said the doctor.
Q. You agreed to meet with the doctor with Mr. Leiweke the night before, didn't you, sir
before you spoke to Mr. Dileo?
A. You'd have to show me that. You'd have to show me that email.
Q. No, Im asking you a question.
A. No.
Q. You can't answer that, sir?
A. The meeting...
Q. Isn't it true that you agreed to have a meeting with the doctor and Mr. Leiweke before you
talked to Mr. Dileo?
A. No.
Q. Ok, Mr. Gongaware told you at 6:00 to take the doctor with you to the meeting, didn't he?
A. He sent that email, yes. But that's not the question you asked.
Q. The meeting with Dr. Murray wasn't at Mr. Dileo's request, like you testified yesterday, was it,
sir?
A. The meeting with the doctor was at frank Dileos request.
Q. You have an email with Mr. Dileo where he requests a meeting with the doctor, sir?
A. No, he called me.
Q. Called you. What day?
A. On the morning of the 20th.
Q. At what time?
Q. But that was after you had communicated with Mr. Leiweke and Mr. Gongaware about the
meeting; correct?
A. Did I respond to Paul's email about taking the doctor; I don't remember if I responded to that.
Q. So your answer is you don't recall?
A. I don't recall.
Judge: a few more minutes before 4:00.
Mr. Panish: ok, well, let's play the exhibit, which is already in evidence.
Q. And before we do that, when you talked to Mr. Dileo, as you say, in the morning, did he tell
you that he already talked to Dr. Murray or left a message for Dr. Murray?
A. No, frank told me he was going to call Dr. Murray.
Q. Ok, let's hear what he said to Dr. Murray.
Ms. Stebbins: and just ... I believe this document was marked for identification only. It did not
come into evidence.
Mr. Panish: I believe it is. But it doesn't matter. It's been identified. I'm going to play it for the
witness.
Judge: well, you want to play it? Has it been played yet?
Ms. Stebbins: yes, your honor, I believe it was played with the police detective.
Mr. Panish: that's right.
Ms. Stebbins: and nobody has been able to authenticate it. Mr. Panish had said he was going to
connect it up, but I don't ... I believe...
Judge: maybe we should talk about this. Why don't we let the jury go, and ... Hold on. 9:30 a.m.
On Monday. So I guess this is your weekend. Have a good weekend. And don't forget my
admonishment not to discuss the case or read anything; okay? Thank you.
Judge: ok, you return Monday at 9:30.
Brandon Randy Phillips: I will. Thank you.
Judge: thank you.
Court will resume Monday at 9:30

JACKSON V AEGLive June 6th Brandon &quot;Randy&quot; Phillips-CEO OF AEGLIVE

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JACKSON V AEGLive June 6th Brandon &quot;Randy&quot; Phillips-CEO OF AEGLIVE

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JACKSON V AEGLive June 6

Q. I'm sorry. I'm just not hearing.

Mr. Panish: do you guys have his original?

Q. Why don't you correct me since you're please correct me.

A. Which one; this one?

A. No, you didn't.

AEG objection. Asked and answered. Judge: overruled.

Q. So you forwarded both emails?

Q. You weren't there as much as he was, were you, sir?

Q. Ok, now we're still on the 19th; right?

A. Ok, we might be getting beyond damage control here.

A. You're counting. It's possible, yes.

A. I'm not sure. Some were contract employees, some weren't.

A. To tell them what's going on, simply put.

Q. Did you agree with that?

Judge: ok, discrepancy noted, but you may continue.

A. We ... We had a meeting. I scheduled a meeting with Michael's personal physician.

Q. And could you read what he wrote to you, sir?

Q. Did you ever respond to Mr. Branca's email; yes or no?

A. this is why it is impossible to advance any $$$. He may, unfortunately, be in anticipatory

Q. Well, would you say it was an obligation he had?

A. I have it. I have it in front of me.

Q. Look at the very bottom of the second page.

A. That is one line in the rather long paragraph.

A. It would help him get through his immediate physical nurturing.

Q. But, sir Im not under oath. You are.

*the requested question was read back*

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JACKSON V AEGLive June 6th Brandon "Randy" Phillips-CEO OF AEGLIVE

JACKSON V AEGLive June 6th Brandon "Randy" Phillips-CEO OF AEGLIVE

the requested question was read back