Thoughts from Day Two of the Conrad Murray Trial

I want to highlight some points, in no specific order, from today's testimony that I was able to jot down.

Paul Gongaware claims he heard Michael yell in the background of a phone conversation "give him 150!!!"--he assumed Michael meant give Murray $150,000 a month--but Frank DiLeo (now deceased) claims he was the one who did the negotiating with Murray and was initially given a requested salary by Murray that was "enough to buy a hospital". It seems now we know that number was $5 million for his services. I am not completely sure I believe Gongaware, on the "150" comment, but regardless, Murray did not seem to like it, either. Kathy Jorrie, an attorney for AEG, said she was the one responsible for drawing up the AEG contract between Murray, Michael and AEG. She said she spoke directly with Murray and he directly negotiated with her--basically serving as his own attorney. She spoke to him June 23rd/24th either via email or phone. She said he had requested changes to previous drafts of the contract, such as the new request for a doctor rather than a nurse for assistance, in case he needed time off. (There was no mention of another doctor's name, such as David Adams who Murray claims was to go to London though Adams vehemently denies this.) Murray also requested that if his services were terminated he would not have to refund any of his last monthly income paid. He also lied and said he had four clinics he ran--he apparently had two, if even that. The contract that was to be signed by all three parties was only signed by Conrad Murray. Negotiations for the contract had began in May with Timm Wooley, I believe. There are emails available of the discussions between these two men. I will try to post them at some point.

Jorrie also spoke to Murray about Michael's medical records. She told Murray he needed to provide them for the last 5 years for the London insurance broker (Lloyd's of London). He stated he had been his doctor three out of those five years and given Michael's excellent health, he had few documents in his file for him. Come June 25th, however, Murray flatly denied Lloyd's any access to Michael's medical records, without reason. He denied all the media claims about Michael's health, as well.

Murray wanted to be paid even during months Michael was not actively touring. He also requested a "CPR machine" for the O2 venue, not for LA or the London home. A CPR machine, whether it be a machine that does compressions or a defibrillator, would not be the necessary equipment needed for what Murray was doing to Michael. He would have needed a ventilator, a manual pump, an EKG machine, a pulse-ox WITH an alarm, etc. etc. He needed equipment to sustain life, not attempt to revive someone who already has the odds set against them, which is typically what occurs when someone goes into respiratory or cardiac arrest. Murray needed to PREVENT such, not be ready to TREAT such.

Sadly, given AEG was to be paid their advancements before Michael was to receive his income from "This Is It"--and was basically responsible financially for everything--Murray stood to possibly collect more in income than Michael himself.

We know Michael had apparently known Murray since 2007 or so--he was introduced to Michael by one of Michael's bodyguard whose father was a patient of Murray's. Murray apparently first treated one of Michael's children with some minor ailment and then saw Michael for minor ailments. We know Michael had a prescription from Murray for Restoril (temazepam) for insomnia filled on 22nd December 2008. There were no other prescriptions filled from Murray for Michael until a prescription a lorazepam (oral, 2 mg) was filled on April 28th, again for insomnia. Murray lived in Las Vegas and Houston--Michael at this time now lived in LA since late 2008. When did Michael meet up again with Murray? Was it in March or April? We know Michael consulted with Cherilyn Lee in January and February about being tired (he, at that time, did not complain about insomnia). I ask this because Murray obviously knew Michael suffered from insomnia since at least December 2008, if not before. As stated earlier, Michael suffered from insomnia nearly his entire life, at least adult life. His insomnia became problematic when he went on tour because of the difficulty in "turning-off" after performing. Murray began ordering propofol well before Michael apparently asked him to administer it to him (Michael approached Lee and supposedly Metzger about propofol later on in April). On the same day Michael had the prescription for oral lorazepam filled (April 28th), Murray placed a call to Applied Pharmacy to order IV formulations of both lorazepam and midazolam--before Michael apparently ever consented for Murray to provide him with any intravenous medications. This is a very troubling situation.

We still do not know why Murray began ordering propofol on April 6th--a month before negations began for Murray to be Michael's doctor. Murray then ordered IV benzodiazepines April 28th--medications he would be more familiar with than propofol (and, overall are safer and can actually promote sleep though they still should not have been used for insomnia). We all now know about the taped conversation that took place on the morning of May 10th where it seems Michael may have been under the influence of midazolam and/or lorazepam. Two days later, Murray ordered flumazenil which reverses the sedative effects of benzodiazepines. Given his large quantity ordered, one has to wonder if Murray did not decide to sedate Michael with these benzos for "sleep" and then, in turn, to wake him up, use flumazenil to awake him and get his day started. Here is some information about flumazenil:

Adverse Reactions
>10%: Gastrointestinal: Vomiting, nausea
1% to 10%:
Cardiovascular: Vasodilation (1% to 3%), palpitation
Central nervous system: Dizziness (10%), agitation (3% to 9%), emotional lability (1% to 3%), fatigue (1% to 3%), headache (1% to 3%)
Gastrointestinal: Xerostomia
Local: Pain at injection site (3% to 9%)
Neuromuscular & skeletal: Tremor, weakness, paresthesia (1% to 3%)
Ocular: Abnormal vision, blurred vision (3% to 9%)
Respiratory: Dyspnea, hyperventilation (3% to 9%)
Miscellaneous: Diaphoresis (sweating)
<1%: Abnormal hearing, altered blood pressure increased/decreased, confusion, sensation of coldness, bradycardia, chest pain, generalized seizure, hiccups, hypertension, junctional tachycardia, shivering, somnolence, tachycardia, thick tongue, ventricular tachycardia, withdrawal syndrome
Postmarketing and/or case reports: Fear, panic attacks

Maybe this new regimen is what introduced the Valium to be taken daily (though it was not). Let's also not forget the ephedrine (from the ephedrine/caffeine capsules Murray asked for for himself) found in Michael's body which would have likely caused--you guessed it--insomnia.

An interesting note here is even though the reversal of sedation may sounds a bit traumatic, it does NOT reverse amnesia. From the same source above, "Amnesia: Does not consistently reverse amnesia; patient may not recall verbal instructions after procedure." In this case, Michael would likely have problems recalling his emergence from sedation each morning...

If Michael had been receiving propofol only, as in, a drip or even multiple boluses during the night, and survived by some miracle of God, he would have woken up with no hangover or ill-effect. However, he would have that "hangover" effect from benzos and be would likely need some recovery time whether reversed off the benzos or not. If any doctor were to cause withdrawal symptoms (which I do not think were present, somehow), it would have been Conrad Murray.

I cannot help but recall the marked improvement in Michael on June 23rd and 24th--this seems to indicate to me that it had something to do with Murray and his "treatment". If whatever he did then worked for Michael (Michael supposedly slept fine on the 23rd with lorazepam and/or midazolam only), then why did that suddenly not work on the 24th/morning of the 25th? Michael had energy on the 23rd and 24th, he was feeling good, he was nothing like he was a days prior when Ortega states Michael was "out of it" and cold. Murray had to have changed something and knows what he changed, and it seems he changed things for the better--what happened that made him change things so drastically on June 25th? I do not think he gave him more medications on the 23rd--so why did he literally pump Michael with medications less than 24 hours later?

I recall that Murray took a book to read while he was supposedly monitoring Michael (reading a book while serving as personal monitoring equipment would not be adequate). The book was a study guide to receiving his board certification in cardiology. I found this a bit odd given Murray was giving up his cardiologist practices to be with Michael for 1, maybe 3 years. Though he should not have been reading any books while sedating Michael, I think the best book for him to have been reading would be a book on insomnia and/or anesthetics. Seems more appropriate, does it not?

Arnold Klein was discussed...again. Please see my previous blog again for all the dates when Michael went to visit Klein and/or his associates. I keep hearing the media say Michael was going to see Klein 3 and 4 times a week in June. This is not correct. Michael saw Klein 6 times during the month of June. He saw him on the 16th and 22nd of June. There is some mention of Demerol being given on the 16th by the defense and this somehow had a part in Michael's death. One shot of Demerol on June 16th would in no way have an effect in any form and certainly no effect concerning his death on June 25th. Michael saw Klein on the 22nd but it seems that this date did not cause any problems for the 23rd or 24th.

I will say it again that Michael did not have any traceable opioids in his body when he died (Demerol, oxycodone, hydrocodone, Percocet, morphine, Dilaudid, etc. etc.). There were none in the house. This, by all scientific means, would indicate they had no direct or indirect cause in his death.

Love him or hate him, Arnold Klein willfully turned his records over to police (Murray on the other hand had nothing to offer for 2009); he was also visited by the DEA and they found no issues, Michael-related or not. The DEA means business, too, for the record.

I know Michael Amir Williams (Michael's personal assistant) and Faheem Muhammad both said that at times Michael would appear "slow" and speak slowly after leaving Klein's office. Both also said he did not, ever, sound like the conversation played during opening statements. I know some (Dr. Sanjay Gupta) have remarked that those who receive botox and fillers do not have to receive pain or anxiety medications. I am not a dermatologist--neither is Gupta. I know when people go to the dentist, some may be treated for anxiety and others may not for the same procedures. Numerous doctors have stated that Michael was needle-phobic, including Klein and Mark Lester. I cannot help but think that some sort of sedation would be required for someone who may not be calm or still during a process which requires needles being injected into the face and/or scalp. This is something I wish someone like Klein could elaborate on more. Also, as far as I know, no patients have died while under Arnold Klein's care.

I will post this one again, too:

http://www.thegrio.com/entertainment/jackson-judge-defense-spar-over-witnesses-in-case.php

"Flanagan said one defense expert is likely to claim Jackson was addicted to Demerol and was suffering from withdrawal when he died.

Brazil said there was no evidence of that, and Pastor questioned how an expert could come to that conclusion without making any notes."

I was shocked today that the prosecution did not really allow Williams to elaborate more on why he chose to lie to Murray when Murray asked to go back to the house to pick up some creams that "Michael did not want the world to know about". Well, for starters, now that Michael was deceased, Michael was not here to care anymore about creams and what not. It was made clear in the January hearing that Williams lied to Murray about police taking the keys because he did not trust Murray and felt the situation was odd. Recall from Cooper's testimony in January that if Murray wished to resume care of Michael (this is after EMTs were given approval to pronounce him dead at the home) Murray HAD to accompany Michael to the nearest hospital--he could not stay behind at the house. Even after he attempted to get back to the house for "creams" he made the comment that he needed to get something to eat--I believe food would be the last thing on my mind after someone had just died, and died on my time. This sounds like another way of Murray trying to retrieve his supplies but regardless, the mention of food after Michael's death was not only appalling but disgusting, whether he was really hungry or not. We know Murray went back to Houston, the same town he had called two workers to remove items from a storage shed. Take your pick on what they removed since the two cannot agree on what was taken. Seems the police were looking for medications, but if any had been there, it was too late. They did find, at his office, 27 tablets of phentermine (a weight loss drug) and a tablet of clonazepam (another benzodiazepine). I cannot imagine Murray using all those propofol vials and would think they had to had been stored somewhere, obviously other than Michael's home or even Nicole Alvarez's apartment.

One point that is continuously hit home is that Murray failed to call 911. He calls Williams and tells him to call him back right away and in closing has the time to tell him "thank you". Murray had at least 2 cell phones with him, but again, no call to 911. Williams calls him back and Murray says he has had a "bad reaction". Murray tells EMTs Michael is "fine" and apparently he was "just talking to him" (wrong, he was talking to others on the phone and Michael supposedly died...instantly...remember?). We also recall the cardiologist from UCLA stating Murray "witnessed the patient arrest"--but wait!? Chernoff said Michael died...instantly.

For starters, if Michael died instantly, where are his fingerprints syringes and bottles? They were not on the syringe by the table. Neither were Murray's but he should have had on gloves. How did Michael end up in the supine position in the bed if he died...instantly? How did he get up and move about with an IV pole on the other side of his bed and with a condom catheter on (and a full, distended bladder)? Why were his limbs blue, as was reported earlier by EMTs (which likely means there was low blood pressure some time before cardiac arrest)? Why would Michael mix lidocaine and propofol together in a syringe to drink it? Would he actually drink it from a syringe? What kind of timeframe did Michael supposedly pull this off? Where did those tablets in the stomach supposedly go? Wow, there are so many inconsistencies I could just keep on going but I am already getting a headache so I will stop on this topic.

Whatever Murray did that morning was obviously very different than before, because this time, Michael died. He had survived whatever had happened before, without any use of any equipment, not even so much as blood pressure monitoring. Whatever Murray may have done may not have been safe, but something must have dramatically changed for Michael to go from vibrant and alive to dead just hours later.

To close this blog out, I wanted to go back and mention Kenny Ortega's email to Randy Phillips (recall his name being said over and over by Chernoff?). I believe most people know who Randy Phillips is (CEO of AEG Live) and know he is certainly a shady figure in this scheme of things-as in, Michael's death. Instead of becoming concerned, Phillips apparently tells Murray what Ortega has said regarding his concerns about Michael's mental and physical health (and the possible cancellation of the tour). I would have thought that Phillips may have wondered about Murray's "care", if there was by chance something about his care that was causing Michael health problems. Instead, this meeting is called and Ortega is told to back off--it was the complete opposite of what should have occurred. Why did Phillips apparently "side up" with Murray in regard to Michael feeling unwell and possibly being ill? If I were Phillips, I would have been thinking of having Murray's services terminated and having Michael choose a new doctor. It still makes no sense to me whatsoever that people who, by all means, witnessed Michael's health deteriorating from excellent to dead did not do anything to stop the deterioration but rather paved the way for it--those people being Conrad Murray, Randy Phillips and possibly others. It is not that these people did not see it or were in denial--they saw it and refused to do anything about it and refused to let others intervene--with one of them, Murray, actually causing the deterioration first-hand. Instead of getting rid of Murray, it was Klein who was subjected to being banished though he had no ties to AEG whatsoever and Michael was about to stop seeing him anyway as he was about to depart to London in days and had not even been seeing him that often anymore. If AEG and/or Murray could tell Michael not to see Klein anymore, they certainly had enough control to tell Murray to take a hike. It also seems odd that the role of "personal assistant" seemed to shift from Williams to Murray, with Murray now scheduling things for Michael (per Gongaware). This just makes no sense--well, no sense in court but it seems to make sense to those who have investigated Michael's death for two years and will continue to investigate to search for the truth.

Katherine Sues AEG over Michael's Death

The court document can be found here:

http://www.psandb.com/articles/mj-complaint.pdf

For the most part I am not going to explain this contract as it is pretty much self-explanatory but I want to highlight some points that should be made.

Page 2:
"But AEG, despite its knowledge of Michael Jackson's physical condition, breached those duties by putting its desire for massive profits from the tour over the health and safety of Michael Jackson."

It is important to note that though Michael died rather healthy besides suffering from a chronic yet mild lung disease, his physical ailments were considered "acute" meaning they were brought on suddenly by Murray's medical "treatment".

"...his (Murray's) sole and exclusive job being to make sure Michael Jackson got to rehearsals and shows."

You do not pay a cardiologist $150,000 a month to make sure someone gets to rehearsals and shows. You pay an assistant some value much less $150,000 a month to make sure someone gets to rehearsals and shows. I understand the point being made is greater than how I am interpreting it but if Michael was in not able to make it to rehearsals then the root of that problem should have been addressed and treated appropriately yet his problems including malpractice and stress/threats which caused him to miss rehearsals were overlooked while he continued to be pushed beyond reasonable limits which further escalated the problems.

Page 4:
See my blog on the AEG CONtract:

http://gatorgirl277.blogspot.com/2010/07/my-opinion-of-aeg-contract-signed-by.html

Page 5:
Please remember that the AEG CONtract specified that Michael first and foremost was to repay an advancements to AEG--his income was to come second which may hold truth to the claim Michael feared he would come back to London with no money. Furthermore, knowing that the Sony/ATV catalog was up for collateral shows that AEG had a grip on the main source of Michael's income and means of supporting his family, including his children. Collateral is not typically needed for a touring artist according to an anonymous poster on my blog regarding AEG's CONtract.

"In early May 2009, AEG complained to Michael Jackson that he was missing rehearsals and states it was because of a negative health condition related to prescription medications. AEG instructed Michael Jackson to stop seeing and taking medications from his current doctor and to instead start seeing a doctor that AEG would provide."

Who was Michael's current doctor? Prescriptions found at the home include: Zanaflex and prednisone from Dr. Klein, clonazepam from Dr. Metzger and Zithromax and amoxicillin from nurse Cherilyn Lee. None of these prescriptions would alert a pharmacist, nurse or doctor of a serious issue. In turn, the numerous medications provided by Murray, most of which were obtained without a prescription or medical/DEA license number, would be alarming to anyone including authorities.

Page 6:
"The written confirmation stated AEG would provide Murray with Cardio-Pulmonary Resuscitation equipment and a nurse during his services."

According to ABC news the CPR machines were to be provided in London, not Los Angeles. What was the plan in the meantime, then? Regardless of this request Murray could have had a nurse, AED, CPR machine and anesthesiologist on board but it would not have made a difference as a) you never give propofol in a house and b) you do not give it for insomnia. A CPR machine or AED would be only useful if someone is suffering from a fatal heart arrhythmia (heart beat) such as ventricular tachycardia. Propofol does not cause fatal arrhythmias--it causes people to stop breathing and their blood pressure to drop, usually temporarily. If Murray felt the need to give propofol and multiple benzodiazepines to Michael regardless of common medical sense telling you not to do such then he needed to be able to intubate Michael and have a ventilator or bag-valve mask with oxygen on hand to treat apnea (lack of breathing) and perhaps a medication to combat the hypotension--not a CPR machine.

http://abcnews.go.com/2020/michael-jackson-wrongful-death-lawsuit-aeg-medical-equipment/story?id=11014828

From the ABC article:
"The medical supplies in question were requested by Dr. Murray for use specifically in London in the event an unexpected need arose. When asked why these supplies were needed, Dr. Murray said that Michael Jackson was in excellent health but an artist of his stature should have this equipment on-hand when engaging in this type of performance. Dr. Murray did not ask for these items for use in Los Angeles."

A doctor, regardless of specialty, would know better than to give three benzodiazepines and propofol, all respiratory depressants, to a patient especially for insomnia. I am not even sure this combination would be used in surgery. I am not even sure if Michael would know what on earth he was receiving at night. Furthermore, how did Murray intend to supply Michael with treatment in the UK since he apparently holds no license in the country? He would then be paid $150,000 a month to do what exactly given his care would be restricted if not completely barred?

"At the June 8, 2009, meeting AEG demanded Michael Jackson stop seeing Dr. Arnold Klein and stop taking the drugs Klein gave to him. AEG said Klein's drugs made him sleepy and prevented him from rehearsing. AEG demanded Michael Jackson take only the medications given to him by Murray."

I do not know what drugs Klein was giving to Michael while in the office. Klein has admitted to giving bolus doses of Demerol or Percocet tablets to Michael while performing various facial procedures including botox injections and dermal filling procedures to his face and scalp. This at face-value would be considered appropriate use of these medications. Demerol and Percocet both can cause sedation/drowsiness. However, considering home use, nothing Klein prescribed to Michael would cause alarm or concern. Rumors of Demerol and opioid abuse have swirled since Michael died. There were no opioid (painkillers) found in the house nor were they found in the toxicology screening. This is not consistent with an addiction or abuse of these medications. Concerning Demerol, based on the half-life of the parent drug and its metabolites, it had been at least a week since Michael had had any Demerol if not longer which is not consistent with addiction or abuse, either. AEG demanding Michael take medications given to him by Murray was demanding Michael to allow Murray to kill him.

Page 7:
"On June 18, 2009...Murray had been rendering his services to AEG under the May 8, 2009 oral Agreement."

What kind of company bases services on an ORAL agreement especially when $150,000 a month is at stake? What all was contained in that ORAL agreement? Problem with an oral agreement is there is no establishment of proof.

Again a nurse and CPR machine would not deem Murray's "care" appropriate at any time, even if performed in a hospital. The CPR machines were apparently requested for London not Los Angeles.

Page 8:
"Michael had no right to terminate the Agreement (between AEG and Murray)."

Michael was not given the right to direct who provided him with his own medical care when he was an adult of sound mind regardless of apparent times of issues? What does this say to the public, then? What right does AEG have to direct medical care when to the best of my knowledge none of them are physicians?

"Late on the evening of June 18, 2009, Murray attended to Jackson and gave him a cocktail of Valium, Ativan, Versed and Propofol in order to get him to sleep."

Do we have proof of this? What had he given "similar" before? Did Michael even know how his insomnia was being treated given he was being given IV meds possibly against his own will or knowledge? Something does not make sense with this as one needs to know how the propofol was being given. If being given by bolus dosing then propofol was not keeping him sedated/asleep--rendering it basically useless. Also, the prescription for Valium was not even written until June 21, 2009. It may have been picked up that day or at a later date. There is no record of the purchase of Valium before June 21, 2009 according to the autopsy report.

Just based on all the information contained in this document it is an understatement to say Michael was under enormous stress which could have been attributing to his physical issues coupled along with the serious over-medication done physically to Michael by Murray.

Page 9:
The description of Michael days before he died is distressing to say the least. How could a man in such a condition be forced to continue to perform and rehearse? Why did no one take him to the hospital given he was also being controlled and could have apparently been forced to go? In Joe Jackson/Brian Oxman's claim it is stated that Michael began having issues such as confusion, etc. in May and June--specifically correlating with Murray's arrival and "treatment". If AEG was directing medical care through Murray it was their responsibility to get him to a hospital to be evaluated but instead they kept going, kept filming, kept pushing Michael. If they anticipated on him performing in London would you not do anything possible to ensure that your performer was okay (and remained alive) when obviously there were problems? Michael was not only abused but neglected and then killed.

Page 11:
"AEG's control of Jackson's person was further extended by the drugs being administered by Murray, which weakened Jackson's physical and mental health, rendering him vulnerable, confused, and subject to direction. AEG knew or should have known that Jackson's physical health was deteriorating."

AEG should have also known that Michael's mental health had never recovered from 2005 and they were placing unrealistic demands on a 50 year-old man. I cannot believe AEG would have assumed Michael could have performed any shows as he had stated repeatedly he hated to tour, had no plans to tour again and had not toured again since 1997 nor performed in years, either.

" AEG had a special relationship with Michael Jackson in that they were working closely together to put on a complex and lengthy worldwide concert series."

If so, then why was only the London O2 arena named as venue for a lengthy contract? Someone correct me if I am wrong.

"So that it could reap its staggering profits from the Tour, AEG instructed Michael Jackson that he was to no longer listen to his treating physical and to immediately (and without medical consultation) stop taking medication prescribed by that physician."

What medications and what physician? Michael's medications from his home, some of which were leftover bottles from the previous year, were of no concern or alarm! A company has NO right to tell a patient to stop taking medications. Everything Murray did was the problem--he was the root of the problem and AEG HAD to have known that.

Page 12:
"AEG required that Michael Jackson be "treated" only by their employee physician, Murray, who they had agreed to pay $150,000 a month with other benefits with other benefits with his sole duty being to do whatever it took to get Michael Jackson to rehearsals and shows, as well as physically accompany him to those rehearsals and shows. By requiring Jackson to be treated by a specific doctor -- a doctor that AEG was instruction to simply make sure Jackson gets to rehearsals and shows -- under threats to Jackson that it would essentially ruin his career, AEG committed independent negligence against Jackson."

Is this what was supposedly under the oral agreement? This makes no sense asking this of a physician nor does it make sense to expect someone to make it to rehearsals and shows while being over-medicated at night by depressant drugs. If Michael's chief complaint was his inability to sleep then why was a sleep disorder specialist not called in for a consultation? That is what one would do if they cared or wanted their performer to see the light of day.

"The AEG defendants and DOES 1-75 were involved in a civil conspiracy to commit these wrongs against Michael Jackson."

Does this not also appear to be a criminal conspiracy as well?

Page 13:
"During the course of Murray's treatment, it became clear to AEG that Jackson was not doing well at all. AEG did nothing to terminate Murray and instead negligently retained him as an employee, and in so doing violated its duty of care. AEG insisted that Jackson continue treatment with Murray and receive no treatment from other physicians, a further breach of its duty of supervision."

If he was "not doing well at all" then why did AEG not seek treatment by someone else? Murray is a cardiologist and at no time was Michael suffering from heart disease--Murray's sole scope of practice. It makes no sense to have hired him in the first place. Though some reports state Michael wanted a doctor to provide him with propofol this seems to be somewhat questionable, too. Joe Jackson/Oxman's claim state that Murray solicited his services. Klein has stated that Michael called his office still seeking a doctor/anesthesiologist just before he died. Michael had nurse Cherilyn Lee called, not Murray, on Father's Day when he was concerned about his health though Murray was suppose to be his primary (and sole) physician. Murray also did not seem to be clear on whether or not he would be leaving with Michael to London according to him through one of his own infamous phone calls.

"Indeed, AEG instructed its employee Murray to do whatever it took to make sure Jackson attended rehearsals and shows; in other words Murray was instructed not to look out for Jackson's best interests, but rather to do whatever medical procedures were calculated to get Jackson to perform."

Even if Murray was ordered to do whatever to get Michael to rehearsals it does not explain his choice of treatment for Michael's insomnia which any physician would know would eventually kill someone. It also does not explain his apparently abandonment of his patient even if for 2 minutes, his failure to have something as simple as a bag-valve mask available which he should not have had to relied on AEG for, his apparent failure to utilize a pulse-oximeter, his failure to call 911 in a decent amount of time (90 minutes is not decent to say the least), his failure to call 911 first, etc. What right did AEG have in telling Murray how to practice medicine? Would AEG even understand how Murray was "treating" Michael? Regardless, AEG should have known something was WRONG given how Michael appeared at times. It would seem also that if AEG wanted Michael alive and to show up for rehearsals they would have consulted other physicians to tend to Michael as his needs were regarding insomnia and likely depression/stress--two things neither Murray nor AEG were qualified to treat but could have had treated by a qualified professional in less than 24 hours.

Furthermore, AEG should not have been demanding things from Michael and had him in a position where he if he did not do as they said he would lose not only his career but his life.

Page 15:
"AEG did not provide a doctor who was truly looking out for Jackson's well-being and did not provide equipment."

Some equipment could have been provided by Murray himself. A CPR machine would only have been able to have been utilized in a worse-case scenario when such a scenario should have never been allowed to have happened. A CPR machine would only have given whomever a false sense of security.

Page 17:
"For example, Murray used propofol as an agent to treat Jackson's insomnia on an outpatient basis without proper resuscitation equipment or personnel, did not properly administer the drug propofol (as well as numerous other drugs) to Jackson, did not properly supervise Jackson, and did not properly act upon discovering Jackson had stopped breathing on June 25, 2009. Indeed, by some accounts, Murray waited over an hour and a half to call 911 after discovering Jackson had stopped breathing. Additionally, upon arriving at UCLA emergency room, Murray did not give the attending physician an appropriate history."

Regardless of where--propofol is never, ever used to treat insomnia. Just reading the statements above, does all of those events alone sound accidental?

My Opinion of the AEG Contract Signed by Michael Jackson

The contract is available here:

http://www.radaronline.com/sites/default/files/AEG%20contract.pdf

My opinion (and I stress opinion) of the AEG "Agreement" with Michael:

First, the date appears to be marked out on the first page for some reason. A date should always be placed on a document, regardless of its possible significance, so hopefully that is in fact the date, otherwise, what a sham. I will consider that mark out the date, however and move on. This document is also referred to as an "Agreement" with very little detailed information provided about specifics which leaves a lot of room for interpretation and misunderstanding, especially on behalf of the non-authoring party, Michael Jackson Company, LLC and more specifically Michael, the lay man. For this document to be potentially worth millions of dollars and months (if not years) of business transactions, it seems to be very small, too small, in fact. It is merely 14 pages, not including certain exhibits (other documents). Also notice this "Agreement" begins with "Dear Dr. Tohme" which a) makes it appear to be a letter, not a contract (why not use a cover letter addressed to Dr. Tohme to introduce a legitimate contract?), b) is not addressed to Michael Jackson, the one with all at stake here (Michael goes on to sign it as the artist and representative for The Michael Jackson Company, LLC--Dr. Tohme does not sign the contract anywhere though through AEG Live's eyes he was the point of contact for the company) and c) it is highly unprofessional in appearance. Most professional letters would state "Dr. Tohme:", which Dr. Tohme has yet to prove he is in fact a legitimate doctor, actually. He apparently is not an attorney, either. Being that this "Agreement" had attention directed to Dr. Tohme, one would assume him as apparently the one who helped negotiate this "Agreement" between Michael and AEG Live, as well as the one who would have had knowledge about this contract and would, or should have relayed understanding to Michael regarding it, which likely should have been an attorney doing this along with a manager--not just someone who is reportedly a businessman with no previous business experience related to the music business known to exist.

Section 1: Definitions:
As far as I know, a copy of Exhibit A which should include what is meant by Terms, Shows, Territory, etc., which are key to interpreting this document is not public.

Section 3: Itinerary of Shows:
Verbatim from the "Agreement":

"Artistco (The Michael Jackson Company, LLC) and Promoter (AEG Live) shall reasonably cooperate with each other in an effort to arrive at mutually approved itineraries for each leg of Shows during the Term; provided, however, it shall be unreasonable for Artistco (The Michael Jackson Company, LLC) to withhold or qualify its approval of any itinerary or amended itinerary proposed by Promoter if the date range of such itinerary does not exceed ten (10) weeks, the frequency of Shows within such itinerary does not exceed one Show per day and 3.5 Shows per seven-day period, on average, and the locations of the proposed venues are in metropolitan areas. Artistco (The Michael Jackson Company, LLC) hereby pre-approves up to thirty one (31) Shows, or such other greater number as agreed by Artistco (The Michael Jackson Company, LLC) and Promoter(AEG Live), at the 02 Arena in London, England between July 26 and September 30, 2009. Subject to the foregoing, Promoter (AEG Live) and Artistco (The Michael Jackson Company, LLC) shall mutually agree on the number of legs of Shows and the number of Shows in each leg during the Term, and Artistco (The Michael Jackson Company, LLC) shall supply a first class performance of Artist (Michael) in accordance with this "Agreement" at all the Shows. Without limiting the generality of Promoters right to schedule Shows throughout the Term or Artistco’s (The Michael Jackson Company, LLC's) obligation to supply a first class performance of Artist (Michael) at all such Shows, in no event shall the number of Shows performed by Artist (Michael) in the first leg of the Tour be less than eighteen (18) Shows unless otherwise directed by Promoter. It shall be unreasonable for Artistco (The Michael Jackson Company, LLC) to with hold its approval of adding Shows to any given leg of the Tour or adding legs of Shows to the Tour during the Term (so long as the number of Shows in any given leg do not exceed one per day and 3.5 per seven-day period, on average) if Promoter (AEG Live) demonstrates to Artistco (The Michael Jackson Company, LLC) that such additional Shows and/or legs are necessary for Promoter (AEG Live) to recoup the Advances in accordance with the terms of this "Agreement". Prior to the commencement of any leg of the Tour, Promoter (AEG Live) shall provide Artistco (The Michael Jackson Company, LLC) with financial models based on estimated Pool Expenses, Production Costs and Pool Revenue based on projections that assume Promoter shall sell tickets to ??? of the sellable capacity of the applicable venues. The parties shall attempt in good faith to agree upon the number of Shows that need to be scheduled for Promoter (AEG Live) to recoup all Advances in connection with such leg. As used here In, “leg” refers to a segment of Shows which are contiguous with each other in terms of time and geographic region. (e.g., North America,. the United Kingdom, Europe) and are not separated by more than three (3) weeks.

My interpretation of this above section of the "Agreement":
The Michael Jackson Company, LLC and AEG Live should attempt (but is not required) to agree to concert dates for each leg for the term. However, The Michael Jackson Company, LLC has no reason to either agree or disagree (effectively have no say either way) with any concert dates changed or proposed to be changed by AEG Live if the changes made or proposed are not longer than 10 weeks, do not exceed more than one show a day, include more than 3.5 shows a week and the locations are in big cities. Please understand the above sentence gives AEG Live the right to have changed/add tour dates so long the change was not more than 10 weeks, did not add two or more shows to one day, did not add more than 3.5 shows in a week and did not occurs in a rural area. The Michael Jackson Company, LLC pre-approved up to 31 shows (that does not mean 31 shows were deemed necessary per the "Agreement") and more could be added if agreed by The Michael Jackson Company, LLC and AEG Live for the London O2 Arena between the dates of July 26th and September 30th, 2009. To me, this is like being pre-approved for a $1 million mortgage loan but you bought a house for $750,000 instead.

Please note: "This Is It" was scheduled to begin July 8th, was then pushed back to July 13th and the first leg was to conclude September 29th, 2009 (approximately an 11 week leg). Figuring in with the July 13th start date, that was to be a total of 27 shows for the first leg. Furthermore, there were 4 shows scheduled in one week, which is against the terms of this "Agreement": July 26th, July 28th, July 30th and August 1st which would is more than the 3.5 shows in one week. It has been stated by Frank DiLeo that before he replaced Dr. Tohme, the concerts were arranged in a format that was much more grueling than the dates that ultimately became the "This Is It" dates (4 or more shows a week).

The Michael Jackson Company, LLC and AEG Live were to come to an agreement on the number of legs and number of shows in each leg (however, remember that AEG Live had the right to change or propose changes so long as they were did not violate the four terms mentioned above (not longer than 10 weeks, etc.). Michael was to give a "first class performance" with each show. Without limiting AEG Live's right to schedule shows throughout the term (I assume the entire worldwide tour), and without interfering with Michael's obligation to give a "first class performance" at every show, in no event shall Michael have performed less than 18 shows in the first leg (he was scheduled for 27) unless AEG Live says there should or could be less done which could have made 10 shows theoretically possible, which is the amount Michael announced in the press conference to do in London, not for the duration of the term with AEG Live. The Michael Jackson Company, LLC had essentially no right to deny the addition of shows to legs of the tour during the term as long as there is not more than one show a day or 3.5 shows in 7 days ("on average", according to the "Agreement") if AEG Live proves to The Michael Jackson Company, LLC that more shows and/or legs are needed to for AEG Live to recoup their advanced costs for the shows. In other words, Michael was not allowed to disagree with the addition of shows if AEG Live found more shows necessary to cover their upfront costs for the tour. AEG Live and The Michael Jackson Company, LLC should attempt but is not required to agree upon the number of needed shows for AEG Live to recoup the advanced money for the shows. Thus, Michael had no genuine say in with this contract so long as AEG did not extended an itinerary over 10 weeks, add more than one show to a day, add more than 3.5 shows in one week or ask for a show in a non-metropolitan area. Michael was bound to oblige to AEG Live's tour schedule if they deemed it needed to gain back costs advanced to Michael. It is possible, then, for AEG to have agreed to 10 shows at the London O2 Arena. Michael did not say this was his final concerts but rather his final shows in London. Though 31 shows were pre-approved at the Arena that does not mean they were set in stone to be done, nor does it say the Artist but rather Artistco (The Michael Jackson Company, LLC) agreed to this number of pre-approved shows. Was it Michael or Dr. Tohme who agreed upon that number since Dr. Tohme is the one who is referenced as the point of contact for The Michael Jackson Company, LLC.

Section 4: Artist's (Michael's) Compensation
4.1 Michael was to be compensation based on contingency means Michael was likely to be paid but it was not guaranteed. Michael was entitled to receive 90% of the (marked out--earnings?, profits? etc.?) on a fully cross-collateralized (http://en.wikipedia.org/wiki/Cross-collateralization) basis, after expenses and revenue were tied together and reviewed. A portion (not all) of his likely-to-be-paid payment was to be paid at the conclusion of each leg (meaning his first portion of payment would have occurred sometime after September 29th, at the conclusion of the first leg of the tour). He was not to be paid after each show which has been customary for some artists. Within ten days of September 29th, AEG Live would have given The Michael Jackson Company, LLC a preliminary statement of the shows, including what money was spent and what was made (expenses and revenues). Within five days after that, The Michael Jackson Company, LLC would be paid some unknown equivalent amount after AEG Live recouped any monies towards the advanced monies given to The Michael Jackson Company, LLC for the shows. The Michael Jackson Company, LLC would be paid some amount of the "Contingent Compensation", "if any" then. The "if any" clause is actually verbatim from the "Agreement". By no later than 60 days (2 months) after the last show of the term (not leg) AEG Live would provide Michael with a final settlement that was fully-cross collateralized (factoring in both expenses and revenue). If overpaid, The Michael Jackson Company, LLC was to return that overpaid amount to AEG Live. AEG Live was allowed to make up for any monies owed by The Michael Jackson Company, LLC. AEG Live was to give The Michael Jackson Company, LLC a list of revenues and expenses twice a month.

4.2 Most of this clause is marked out. However, 4.2.1 refers to Exhibit B (the inducement letter) and Exhibit C (the promissory note). These are not public, as far as I know. Michael 's belongings were not used to secure the promissory note but anything owned by his company was, meaning, if Michael or his company failed to meet the requirements of the inducement letter, then AEG Live would retain control and possession of The Michael Jackson Company, LLC's belongings, whatever those may be. Michael and his company were loaned money by AEG Live against The Michael Jackson Company, LLC's property. The loan was to be repaid based on the agreement above (the Contingent Compensation clause).

Section 5: Promoter's Responsibilities
From "time to time" AEG Live would provide The Michael Jackson Company, LLC with possible concerts dates for each leg of a worldwide tour. Not much else in this section is of significance.

Section 6: Artist Responsibilities
The Michael Jackson Company, LLC should respond to possible tour dates within 5 days (though it does not specify that an agreement was necessary, only that a response shall be made). Michael was to perform at least 80 minutes, "first class", with no shows going over 3.5 hours. The Michael Jackson Company, LLC and Michael himself were to maximize revenue (Pool Revenue). The Michael Jackson Company, LLC was to pay for management, agency and legal fees. Please note, there is an area marked out that covers the name of an entity who was an exception to this clause. Whomever this person or entity was, they were being paid by AEG Live and this was being included as a Production Cost. Otherwise, the Michael Jackson Company, LLC was to pay for all other fees related to management, agency, and legal costs.

Section 7: Ticketing Activities:
The Michael Jackson Company, LLC was allotted 10 complimentary tickets per show. AEG Live was to control ticket sales and as allowed to use secondary outlets for ticket sales. Apparently they used the company Viagogo as an attempt to scalp tickets to the "This Is It "shows in an attempt to maximize gain, with AEG Live to receive 80% of the profits (this information about Viagogo is NOT in the "Agreement" but has been revealed by other sources that can be provided).

Section 8: Production of the Shows
Michael was to work closely with AEG Live concerning the "creative aspects of the design of the Show", through approved parameters and a budget that was agreed upon by both Michael and AEG Live, while also using third-party vendors for assistance with the shows. Furthermore, The Michael Jackson Company, LLC was to pay AEG Live a producer's fee, and AEG Live could deduct that fee amount from amounts to be paid to The Michael Jackson Company, LLC.

Section 11: Approvals
The Michael Jackson Company, LLC and AEG Live had the right, before any show, to pre-approve many items including a) "any itinerary changes including any and all decisions to add multiple dates". Perhaps some clarification should have been made by AEG regarding this clause as is highly vague but it appears to allow the addition of shows and if the terms in Section 3 apply, which they should, then Michael nor is company could deny additions of shows so long as they did not break the four fundamental rules that were stated above. Furthermore, neither The Michael Jackson Company, LLC (nor AEG Live though they did not have many stipulations against them) could essentially deny or delay approval of such changes when approval or consent is required. Remember, consent was required by Michael and the Michael Jackson Company, LLC especially concerning the recoup of advances paid to. Seems to imply that "no" was not an answer for Michael in most instances, in my opinion.

Section 12: Force Majeure
If a show is cancelled from a "greater force" (ex. earthquake) then neither The Michael Jackson Company, LLC nor AEG Live shall be liable. Other sections of this clause are marked out.

Section 13: Insurance
Michael had to agree and cooperate with AEG Live's purchasing life insurance, non-performance and cancellation insurance, etc. subject to confidentiality restrictions. Michael had to consent to physicals performed for these insurances. The Michael Jackson Company, LLC must stand behind Michael being free of any limiting health factors that would have kept him from giving a "first class performance" during the unknown term (is that Michael or Dr. Tohme who stood behind that statement; regardless Michael died a healthy man with some limitations perhaps from mild lung disease). The Michael Jackson Company, LLC had the option to get cancellation insurance if available and approved by AEG Live, to cover The Michael Jackson Company, LLC profits and productions costs that would also, at minimum, equal or be more than any losses from the advances given to The Michael Jackson Company, LLC by AEG Live, with AEG Live to be named as the one paid for losses. The insurance policy would by no means alleviate The Michael Jackson Company, LLC of its obligations to pay back the advances from AEG Live to The Michael Jackson Company, LLC. Whatever AEG Live had given to The Michael Jackson Company, LLC had to be paid back--period--which is understandable. If AEG Live was to recoup the advances given to The Michael Jackson Company, LLC, then the rest of it should go to The Michael Jackson Company, LLC. If The Michael Jackson Company, LLC bought insurance to cover losses, the cost would become a Production cost and would be an expense that again relied on the "Contingent Compensation"--Michael's income for the tour. AEG Live, without permission, could obtain cancellation insurance to cover losses (Pool Expenses). The cost of that insurance itself would be a "Pooled Expense" cost, too. Apparently that would mean the cancellation insurance would be an expense incurred upon The Michael Jackson Company, LLC that again would come out of his possible income from AEG Live for the shows. Question: Did The Michael Jackson Company, LLC, acquire such insurance? All focus has been on the one insurance policy taken out by AEG through Lloyd's of London.

Section 14: Termination
Both The Michael Jackson Company, LLC and AEG Live could terminate this specific "Agreement" if one or the other failed to meet obligations. Death is not a curable event (nor is it mentioned in this "Agreement"). This clause ends by stating Michael and his company are to return advances even if this "Agreement" is terminated.

Section 16: Miscellaneous
16.1 This "Agreement" and the exhibits included (which are not public to the best of my knowledge) are meant to be a final document. Anything said previously, whether a negotiation, statement, representation or agreement is to be part of this "Agreement", but is to be considered inferior to this final document. However, neither AEG Live or The Michael Jackson Company, LLC is to have relied on any other information, orally communicated or not, that is not included in this "Agreement". Those two statements seem to be rather contradictory and vague. The "Agreement" is not to be changed unless done so in writing and signed by the party (either Michael, his company or AEG Live). Obviously some changes were made as the tour did not begin on July 26th as was the original date, as well as other dates. I seriously doubt Michael came up with the 10 show-figure all on his own to which he announced during the press conference, either. Also noticed that 50 shows were not named, either. The only number mentioned was 31 shows and those were pre-approved, not set.

16.3 To keep Michael and his company bound to perform the requirements in the contract, The Michael Jackson Company, LLC granted AEG Live the right to possible full-ownership (including rights, title, and interest) to some property or properties marked out on this "Agreement".

I do not have a background with law and I am not familiar with other written tour contracts, but I would like to know if it is a bit strange to ask for collateral for a tour. If AEG had such belief in Michael and his abilities to perform, which was has been implied by Randy Phillips many times over, then why did they so heavily guard their monetary advances to Jackson? In this "Agreement", very little control was given to Michael and The Michael Jackson Company, LLC. Basically no control was given to Michael or The Michael Jackson Company, LLC when it came to how many shows were to be done. This "Agreement" leaves much room for interpretation for the amount of concert dates, too, and gives AEG the full right to deem the number they feel necessary especially concerning the need to recoup advances for the shows given to Michael and The Michael Jackson Company, LLC. One should keep in mind, this "Agreement" was for a world-wide tour (that likely is what is referred to as the "term") rather than just the shows at the O2 Arena. Michael said he was to do 10 shows in London--not total. He was pre-approved for 31--not obligated to do 31 by this "Agreement". The contract stipulates more (or even less though not so specific) shows could be done so long as certain criteria were met. Did someone lead Michel to believe the criteria could be met with 10 shows in London? It is reasonable to assume somewhere Michael may have believed he was doing 10 shows in London, by someone else's doing. I would like to know who explained this "Agreement" to him, who was present, who wrote it, who typed it up. After all, faxed and photocopied signatures were considered as valid as an original which seems odd considering all parties were in Los Angeles and could sign original documents and that leaves room for error (and/or illegalities). This "Agreement" also closes as a letter (again is this necessary or even correct for a multi-million dollar contract)? Not that it may be of any significance, but Michael's signatures look different (especially the "J" in Jackson) comparing his two signatures. This is likely nothing but worth noting, as Michael signed for The Michael Jackson Company, LLC rather than Dr. Tohme whom the letter/"Agreement" was addressed to specifically. I would love to know how this document stacks up compared to other comparable documents (ex. what did Madonna's tour agreements look like?). I have seriously signed contracts that were much longer (and more detailed) than this for much, much less important reasons. I would also love to know who told Michael what concerning this document. I would also like to know what legal representation Michael had and what their job was concerning this document. A lot of questions remain unanswered regarding Michael and his dealings with certain individuals especially in the last few months of his life. This contract just adds to those questions rather than answering them.