Sunday, June 2, 2013

What killed Elvis?

  • AEG Live Co-CEO promoted last tours of Elvis and Michael Jackson
  • Jackson lawyers say his experience with Elvis should've prepared him for MJ
  • AEG's lawyer works to rehab witness after repeated "I don't recall" answers
  • Paul Gongaware wrote 'smoking gun' e-mail

Los Angeles (CNN) -- Elvis Presley's death became a controversy at the Michael Jackson wrongful death trial as a man who promoted both artists' last tours testified.

AEG Live Co-CEO Paul Gongaware testified Wednesday that Presley died of a drug overdose, but when his own lawyer questioned him Thursday he changed his testimony to say Elvis died of a heart ailment.

Presley collapsed in the bathroom of his Memphis, Tennessee, mansion -- Graceland -- on August 16, 1977, at the age of 42. While his death was ruled the result of an irregular heartbeat, the autopsy report was sealed amid accusations that abuse of prescription drugs caused the problem.

How Presley died is relevant because Jackson lawyers argue Gongaware's experience as Elvis's promoter should have made him more aware of drug abuse by artists, including Michael Jackson.

Katherine Jackson: Michael's mother, 82, was deposed for nine hours over three days by AEG Live lawyers. As the guardian of her son's three children, she is a plaintiff in the wrongful death lawsuit against the company that promoted Michael Jackson's comeback concerts.Katherine Jackson: Michael's mother, 82, was deposed for nine hours over three days by AEG Live lawyers. As the guardian of her son's three children, she is a plaintiff in the wrongful death lawsuit against the company that promoted Michael Jackson's comeback concerts.
Prince Jackson: Michael's oldest son is considered a key witness in the Jacksons' case against AEG Live, since he is expected to testify about what his father told him about the concert promoter in the last days of his life. Prince, who turned 16 in February, is becoming more independent -- he now has a driver's license and jobs.Prince Jackson: Michael's oldest son is considered a key witness in the Jacksons' case against AEG Live, since he is expected to testify about what his father told him about the concert promoter in the last days of his life. Prince, who turned 16 in February, is becoming more independent -- he now has a driver's license and jobs.
Paris Jackson: Michael's daughter, who turns 15 on April 3, is on the list of witnesses and was questioned by AEG Live lawyers for several hours on March 21 about her father's death. Paris is an outspoken teen who often posts messages to her 1 million-plus Twitter followers.Paris Jackson: Michael's daughter, who turns 15 on April 3, is on the list of witnesses and was questioned by AEG Live lawyers for several hours on March 21 about her father's death. Paris is an outspoken teen who often posts messages to her 1 million-plus Twitter followers.
Blanket Jackson: Although AEG Live asked the judge to order Blanket, 11, to sit for a deposition, and he is one of the four plaintiffs suing them, Michael's youngest son will not be a witness in the trial. His doctor submitted a note to the court saying it would be "medically detrimental" to the child.Blanket Jackson: Although AEG Live asked the judge to order Blanket, 11, to sit for a deposition, and he is one of the four plaintiffs suing them, Michael's youngest son will not be a witness in the trial. His doctor submitted a note to the court saying it would be "medically detrimental" to the child.
Kevin Boyle: The Los Angeles personal injury lawyer is leading the Jackson team of at least six attorneys in the wrongful death suit against AEG Live. One of his notable cases was a large settlement with Boeing on behalf of two soldiers injured when their helicopter malfunctioned and crashed in Iraq.Kevin Boyle: The Los Angeles personal injury lawyer is leading the Jackson team of at least six attorneys in the wrongful death suit against AEG Live. One of his notable cases was a large settlement with Boeing on behalf of two soldiers injured when their helicopter malfunctioned and crashed in Iraq.
Perry Sanders, Jr.: Katherine Jackson's personal lawyer is helping steer the Jackson matriarch through her relations with her son's estate, probate court and the wrongful death suit. He is also known for representing the family of Biggie Smalls in their suit against the city of Los Angeles over the rapper's death investigation.Perry Sanders, Jr.: Katherine Jackson's personal lawyer is helping steer the Jackson matriarch through her relations with her son's estate, probate court and the wrongful death suit. He is also known for representing the family of Biggie Smalls in their suit against the city of Los Angeles over the rapper's death investigation.
Marvin Putnam: He's the lead lawyer for AEG Live, defending against the wrongful death suit. The primary focus of his legal practice is "media in defense of their First Amendment rights," according to his official biography.Marvin Putnam: He's the lead lawyer for AEG Live, defending against the wrongful death suit. The primary focus of his legal practice is "media in defense of their First Amendment rights," according to his official biography.
Philip Anschutz: The billionaire owner of AEG, parent company of AEG Live, is on the Jacksons' witness list. He is the force behind the effort to build a football stadium in downtown Los Angeles to lure a National Football League team to the city. He recently pulled his company off the market after trying to sell it for $8 billion.Philip Anschutz: The billionaire owner of AEG, parent company of AEG Live, is on the Jacksons' witness list. He is the force behind the effort to build a football stadium in downtown Los Angeles to lure a National Football League team to the city. He recently pulled his company off the market after trying to sell it for $8 billion.
Tim Leiweke: He was recently fired as AEG's president as Philip Anschutz announced he was taking a more active role in the company. The Jackson lawyers say Leiweke's e-mail exchanges with executives under him concerning Michael Jackson's health are important evidence in their case.Tim Leiweke: He was recently fired as AEG's president as Philip Anschutz announced he was taking a more active role in the company. The Jackson lawyers say Leiweke's e-mail exchanges with executives under him concerning Michael Jackson's health are important evidence in their case.
Joe Jackson: Michael's father, 84, is on the witness list for the trial and may testify. The Jackson family patriarch, who lives in Las Vegas separately from his wife, has suffered several ministrokes in the last year, which some close to him say have affected him.Joe Jackson: Michael's father, 84, is on the witness list for the trial and may testify. The Jackson family patriarch, who lives in Las Vegas separately from his wife, has suffered several ministrokes in the last year, which some close to him say have affected him.
Randy Phillips: He's president of AEG Live, the concert promoter that contracted with Michael Jackson for his "This Is It" comeback shows set to start in London in July 2009. The Jackson lawsuit says Phillips supervised Dr. Conrad Murray's treatment of Jackson in the weeks before his death, making the company liable for damages. E-mails between Phillips and other executives showed they were worried about Jackson's missed rehearsals and sought Murray's help getting him ready.Randy Phillips: He's president of AEG Live, the concert promoter that contracted with Michael Jackson for his "This Is It" comeback shows set to start in London in July 2009. The Jackson lawsuit says Phillips supervised Dr. Conrad Murray's treatment of Jackson in the weeks before his death, making the company liable for damages. E-mails between Phillips and other executives showed they were worried about Jackson's missed rehearsals and sought Murray's help getting him ready.
Paul Gongaware: The AEG Live co-CEO worked closely with Michael Jackson as he prepared for his comeback concerts. He testified at Dr. Conrad Murray's criminal trial that he contacted the physician and negotiated his hiring at the request of Jackson. AEG lawyers say it was Jackson who chose, hired and supervised Murray. Gongaware knew Jackson well, having been tour manager for the singer in previous years.Paul Gongaware: The AEG Live co-CEO worked closely with Michael Jackson as he prepared for his comeback concerts. He testified at Dr. Conrad Murray's criminal trial that he contacted the physician and negotiated his hiring at the request of Jackson. AEG lawyers say it was Jackson who chose, hired and supervised Murray. Gongaware knew Jackson well, having been tour manager for the singer in previous years.
Kenny Ortega: He was chosen by Michael Jackson and AEG Live to direct and choreograph the "This Is It" shows. Ortega, who choreographed for Jackson's "Dangerous" and "HIStory" tours, testified at Dr. Conrad Murray's criminal trial that "Jackson was frail" at a rehearsal days before his death.Kenny Ortega: He was chosen by Michael Jackson and AEG Live to direct and choreograph the "This Is It" shows. Ortega, who choreographed for Jackson's "Dangerous" and "HIStory" tours, testified at Dr. Conrad Murray's criminal trial that "Jackson was frail" at a rehearsal days before his death.
Dr. Conrad Murray: He was Michael Jackson's personal physician in the two months before his death, giving him nightly infusions of the surgical anesthetic that the coroner ruled led to his death. Murray, who is appealing his involuntary manslaughter conviction, has sworn that he would invoke his Fifth Amendment protection from self-incrimination and refused to testify in the civil trial. There is a chance that Murray will be brought into court from jail to testify outside the presence of the jury to allow the judge to determine if he would be ordered to testify.Dr. Conrad Murray: He was Michael Jackson's personal physician in the two months before his death, giving him nightly infusions of the surgical anesthetic that the coroner ruled led to his death. Murray, who is appealing his involuntary manslaughter conviction, has sworn that he would invoke his Fifth Amendment protection from self-incrimination and refused to testify in the civil trial. There is a chance that Murray will be brought into court from jail to testify outside the presence of the jury to allow the judge to determine if he would be ordered to testify.
John Branca: He's one of two executors of Michael Jackson's estate. Branca was Jackson's lawyer until about seven years before his death. He said Jackson rehired him just weeks before he died.John Branca: He's one of two executors of Michael Jackson's estate. Branca was Jackson's lawyer until about seven years before his death. He said Jackson rehired him just weeks before he died.
Key players in Jackson wrongful death trial
Key players in Jackson wrongful death trial
Key players in Jackson wrongful death trial
Key players in Jackson wrongful death trial
Key players in Jackson wrongful death trial
Key players in Jackson wrongful death trial
Key players in Jackson wrongful death trial
Key players in Jackson wrongful death trial
Key players in Jackson wrongful death trial
Key players in Jackson wrongful death trial
Key players in Jackson wrongful death trial
Key players in Jackson wrongful death trial
Key players in Jackson wrongful death trial
Key players in Jackson wrongful death trial
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Who\'s who in Jackson trialWho's who in Jackson trial
Michael Jackson bombshell
AEG exec confronted at Jackson trial

He was in charge of producing Jackson's "This Is It" concert when Jackson died on June 25, 2009, at the age of 50. The coroner ruled his death was caused by a fatal combination of sedatives and the surgical anesthetic propofol.

Dr. Conrad Murray told investigators he gave Jackson nightly infusions of propofol to treat his insomnia. He was convicted of involuntary manslaughter, sentenced to four years in prison.

Jackson's mother and children are suing AEG Live, contending the concert promoter is liable in his death because it negligently hired, retained or supervised Dr. Murray.

AEG Live lawyers argue their executives had no way of knowing -- or reason to suspect -- that Jackson was abusing drugs as he prepared for the "This Is It" concerts they were promoting and producing.

"I had no idea" Jackson was using propofol in the weeks before his death, Gongaware testified.

Although he worked advance promotion on Elvis Presley's last tours -- under the direction of Presley manager Colonel Tom Parker -- Gongaware testified he never met Presley.

"Did you understand he had a problem with drugs?" AEG lawyer Marvin Putnam asked.

"I understood that later," Gongaware said. "There was a period of time when we didn't work. I didn't understand at the time, but I learned that it was a drug problem and the Colonel said he couldn't work."

Jackson lawyer Brian Panish confronted Gongaware with two e-mails he sent two weeks after Jackson's death in response to condolence messages from friends. They both read: "I was working on the Elvis tour when he died so I kind of knew what to expect. Still quite a shock."

But under questioning from Putnam, Gongaware said he didn't mean that he expected Jackson to die like Elvis. He was referring to the trauma of people losing their jobs because a tour is canceled, he said.

'I don't recall'

AEG's lawyer tried to rehabilitate Gongaware's credibility with jurors, who sometimes laughed at his repetition of "I don't recall" several dozen times under questioning by Panish.

After the jury left the courtroom Wednesday, Los Angeles County Superior Court Judge Yvette Palazuelas commented on the number of "I don't recall" responses. "We've had a lot of that," she said. "How much more of that?"

"Why could you not recall e-mails?" Putnam asked him Thursday.

"I had not reviewed them and had not seen them in years," Gongaware answered.

Some of the e-mails were new to him because he was so busy putting Jackson's tour together that he never read them, he said. "Mostly, it was just a time factor if it was something that didn't have to do with me."

Outside of court, Panish suggested it was Putnam's job as Gongaware's lawyer to prepare him by having him review e-mails before questioning.

CNN exclusively obtained video of Gongaware's deposition recorded in December and played this week for jurors.

Gongaware struggled in the deposition when Panish asked him about the e-mail Jackson lawyers call their "smoking gun" -- because it contradicts AEG's argument that they never hired or supervised Dr. Murray.

They say Gongaware's e-mail, sent 11 days before Jackson's death, shows AEG Live executives used Murray's fear of losing his lucrative job as Jackson's personal physician to pressure him to have Jackson ready for rehearsals despite his fragile health.

It was Gongaware's reply to an e-mail from show director Kenny Ortega expressing concerns that Murray had kept Jackson from a rehearsal the day before. Ortega also raised his own concerns about Jackson's health.

"We want to remind (Murray) that it is AEG, not MJ, who is paying his salary. We want to remind him what is expected of him," Gongaware wrote. But in his video deposition he said he could not remember writing it.

After conceding that he wrote it, Gongaware then seemed unable to explain what he meant by the e-mail.

"He needs cheeseburgers"

AEG Live's production manager for Jackson's tour e-mailed Gongaware 10 days before Jackson's death that perhaps what the singer needed to turn around his deteriorating health was to be feed some junk food: "He needs some cheeseburgers with a bunch of Wisconsin cheesehead bowlers... and a couple of brats and beers. Jeez."

John "Bugzee" Houghdahl wrote a more serious assessment of Jackson's condition four days later: "I have watched him deteriorate in front of my eyes over the last 8 weeks. He was able to do multiple 360 spins back in April. He'd fall on his ass if he tried now."

Gongaware testified that he disagreed with Houghdahl's opinion, saying he had no "particular concern" about Jackson's health and ability to perform.

MJ looked 'Skeletal'

AEG Live President Randy Phillips sent Gongaware an e-mail after Jackson's death to make sure he did not use certain rehearsal video in the "This Is It" documentary because it made Jackson look too thin:

"Make sure we take out the shots of MJ in that red leather jacket at the soundstage where the mini-movies were being filmed. He looked way too thin and skeletal."

Gongaware testified that he did not know why Phillips would ask that. "We didn't keep anything out based on what Randy wanted."

Another e-mail suggested Gongaware was concerned that musicians, dancers and singers who worked on the show might tell interviewers after Jackson's death that he was unhealthy at rehearsals.

"The only thing we ask is that they keep it positive and stress that MJ was active, engaged, and not the emaciated person some want to paint him as being," he wrote in an e-mail approving their interviews.

Gongaware is expected to remain on the witness stand through Monday.

Source : http://rss.cnn.com/~r/rss/edition_entertainment/~3/GCpfNguT4YA/index.html