Michael Jackson became so erratic and unreliable during the rehearsals for his comeback concerts in the days leading up to his death that tour director Kenny Ortega suggested pulling the plug on the whole show, according to testimony in the Conrad Murray trial Tuesday.
Taking the stand for Murray's defense in the involuntary manslaughter trial, Brandon "Randy" Phillips, CEO of concert promoters AEG Live, recalled a panicked email from Ortega on June 19, describing how Jackson had been unable to focus during rehearsals, and had actually missed a number of rehearsals.
An emergency meeting between Jackson, Ortega, Murray and Phillips was held the next day, but Jackson and Murray offered reassurances that the singer would pull it together. Jackson died five days later.
In earlier testimony Tuesday, Jackson's former nurse, Cherilyn Lee, described how a desperately fatigued Jackson had asked her in April to help him find propofol. Lee refused him, explaining the hazards of administering the anesthetic at home, but the singer assured her that it was safe as long as a doctor monitored his sleep.
Read on for a full rundown of the day's court proceedings.
Update 2:49 p.m. PT
Brandon "Randy" Phillips (pictured), the president and CEO of AEG Live, testified for the defense during the involuntary manslaughter trial of Dr. Conrad Murray, recalling how Jackson seemed disconnected at meetings and rehearsals for the "This Is It" series of concerts at London's O2 Arena.
Phillips also testified that tour director Kenny Ortega became increasingly alarmed over Jackson's detached manner at rehearsals, and was concerned because Jackson had missed a number of rehearsals.
The situation came to a head after the June 19, 2009, rehearsal, when Ortega sent an email to Phillips saying that they should consider "pulling the plug" on the upcoming concert dates. Jackson's manager, Frank DiLeo, called Phillips and asked him to set up a meeting to discuss the singer's health. At the meeting, which occurred at Jackson's house the next day, Ortega expressed his concerns to the group, after which Murray offered his assurances that Jackson would begin to connect at the rehearsals and meetings.
Jackson also offered his reassurances, telling Ortega, "You build the house and I'll put on the door and paint it."
Earlier in his testimony, Phillips said that Jackson insisted on bringing Murray with him to provide constant treatment for him when he performed in London, even though he was cautioned that it would be very expensive.
Phillips also noted that he was concerned about Jackson's treatment from dermatologist Dr. Arnold Klein, saying that Jackson seemed "a little distracted, not focused" duing a meeting that occurred shortly after he'd paid a doctor's visit to Klein. Phillips testified that he asked Murray if he was aware that Jackson was being treated by Dr. Klein.
Previously…
Update: 10:33 a.m.
The morning got off to a delayed start, thanks to L.A. traffic issues and rain in the area.
Once proceedings did begin, the defense's first witness of the day — nurse practitioner Cherilyn Lee — sparked a short break when she told Judge Michael Pastor she was feeling dizzy and was experiencing blurry vision.
After a short recess, Lee begin her testimony, and told defense attorney Ed Chernoff that she had tried to treat Michael Jackson's insomnia with vitamins. When that failed, Jackson requested that she obtain propofol — he asked for it by the name Dipravan — and she refused.
Lee is currently under cross-examination by prosecuting attorney David Walgren.
Lee testified that she was "[a]bsolutely not" willing to procure the drug for him, and warned the singer of the side effects, telling him it was unsafe to use the drug outside of a hospital.
According to Lee, Jackson told her, "I will be okay; I only need someone to monitor me with the equipment while I sleep." Lee broke down tearfully while recalling his response.
The court also heard testimony from UCLA Medical Center executive Amir Rubin, who testified that Murray "looked distressed" on the day of Jackson's death, and he took care to correct a press release being drafted by entertainment company AEG — which was promoting Jackson's upcoming run of comeback concerts — that hinted at a possible cause of death for the singer.
"He stated, 'It's not known at this time," Rubin recalled Murray saying.
Brandon "Randy" Phillips took the stand afterward, though due to scheduling concerns the court went into court recess shortly after he began to testify.
Previously …
Cherilyn Lee, a nurse who worked with Michael Jackson to treat his ongoing insomnia, will continue her testimony to begin day 17 of the Conrad Murray involuntary manslaughter trial.
Lee began her testimony on Monday by saying that she used vitamins to try to help the singer with his persistent insomnia in 2009. She said it was not effective and that Jackson asked her for stronger medication.
Read more: Conrad Murray Trial, Day 16: Jackson's Doctor and Nurse Testify – UPDATE 3
"His complaint was 'I have a problem sleeping and all the natural remedies and everything you're doing is not working,'" Lee said. "When I need sleep, I need to go to sleep right away."
CNN.com reports that after Jackson's death, Lee said the pop star had asked her to give him propofol. She is expected to testify to that on the witness stand today.
The Los Angeles County coroner ruled Michael Jackson died of "acute propofol intoxication," and that sedatives were also a factor. Prosecutors contend Murray is criminally liable for Jackson's June 25, 2009 death because he recklessly administered the propofol, a potent surgical anesthetic drug, and was negligent in properly monitoring Jackson.
The first day of the defense's case Monday also included testimony by Dr. Allan Metzger, who worked with Jackson for 20 years for what he termed a "profound sleep disorder."
Metzger testified that Jackson called him on April 18, 2009 to request "intravenous sleep medicine." Metzger said no, and gave the singer prescriptions for two oral sleep aids instead, he said.
On cross-examination, prosecution attorney David Walgren asked Metzger him if he would consider, for any amount of money, using propofol outside a medical setting.
"Absolutely not," Metzger answered.
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Four police officers also briefly testified for the defense on Monday, after Murray's team finished cross-examination of Dr. Steven Shaffer, the prosecution's anesthesiologist and propofol expert.
The defense has less than a dozen witnesses left to call, including AEG Live head Randy Phillips. AEG Live was sponsoring what Jackson hoped would be a series of comeback concerts in London, and the defense contends Phillips pressured Jackson to be healthy and on time for tour rehearsals, lest the shows be cancelled.
CNN reports the trial is expected to go to the jury for deliberations at the end of this week.
Murray faces up to four years in prison and the loss of his medical license if convicted, though a new California law could mean his sentence would be reduced to two years and be served in a county jail.
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