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Friday, 28th June 2013

Karen Faye’s Cross Examination

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Taj Jackson testified for a short time on Friday, but after breaking down on the stand, he was excused, to be recalled at a later date.

Karen Faye was recalled to be cross-examined.

AEG defense attorney Marvin S. Putnam cross-examined Faye. He started out stating it had been 7 weeks since she was last in court.

She had found text messages today from when Michael was doing the ‘This Is It,’ rehearsals and handed them over to Jackson family attorneys. AEG asked if she found anything else and she said in a drawer she found sexy things for her boyfriend and her.

Putnam asked whether she found the proceedings funny. “I don’t think the case is funny at all sir,” Faye responded.

Faye didn’t give the text messages to AEG’s lawyers. Putnam: said “I guess we’re getting them now.”

Putnam asked Faye when she discovered the texts, and when she handed them over to plaintiff’s counsel. She said she turned them in today. (Friday)

It was about this time that a juror had a problem, and court took a break. Karen Faye remained on the witness stand while the court was on its break. She was wearing a black dress and pearls.

Putnam asked whether Faye had reviewed her trial testimony. She said she hadn’t. She reviewed her deposition. Faye is expected to testify all day.

Faye had got Michael ready for the criminal trial in June 2005. She didn’t talk to him at the day of acquittal, as he left for Bahrain. Faye said MJ never returned to Neverland after that, neither did she. She didn’t see MJ in 2008 at Carolwood.

Putnam asked Faye about her interactions with Michael after his acquittal in the child molestation case. Faye didn’t talk to Michael after his acquittal.

Putnam asked Faye whether that upset her. “It didn’t upset me. No sir.”

“I really, really loved Grace when I first met her,” Faye said. “I adored her, I was really happy Michael used her as the nanny.”

“As her responsibilities grew, she kind of stood in the way, it seems she always tried to keep me away from Michael,” Faye said about Grace. “Michael seemed to have a more difficult time when Grace was brought back to Neverland,” Faye said, referring to the time of criminal trial. “I just noticed that Michael started having a lot of back pain,” Faye said. “With the symptoms of losing a lot of weight, and the pyjama day.”

That day, Michael went to the hospital because something happened to his back and they gave him some pain killers, Faye testified.

The judge was informing Michael he had to go to court or he would be sent to jail,” Faye said. So he went to court in pyjamas, couldn’t get ready! “They were going to throw him in jail if he didn’t get there on time,” Faye said.

Faye said she talked to Michael every few months, but didn’t see him again until April 2009. Faye didn’t talk to MJ when he came back into the country, but heard from him every 3, 4, or 5 months, and they were like brother and sister.

Faye said she found out about the ‘This is It’ tour on the news. She wasn’t surprised, as MJ had mentioned he had projects.

Faye said she got a call from Michael Amir mid-March saying he was MJ’s assistant, Michael wanted her to go on the tour with him, and advised her Michael would be calling her about it.

When Michael called it was a really happy and light conversation, Faye recalled. “Work with me Turkle, Work with me Turkle,” Faye said MJ told her. “We kind of laughed and chuckled. It think I mentioned in that conversation I was excited for him going back on tour,” Faye testified.

Faye said MJ told her he thought it was only going to be 10 shows but when he woke up, and it was now 50. Faye said she knows that was part of their conversation, but wasn’t sure if it was part of their first conversation.

On the day of the Press Conference Faye said she remembers seeing the media following his bus, but is not sure she saw the press conference announcement live. Putnam asked her about Michael’s behaviour.

Faye said, “I just thought he had a really bad hairpiece on, sir. “I thought his behaviour was a little odd, but not out of the ordinary,” Faye said.

Faye said she found some text messages related to the period, of a couple of days before Michael’s death. She said she didn’t even know she still had the phone. She said she looked at the texts to remember dates, and turned them to defendants today.

Faye: You keep asking me things about dates, I’m trying to remember, I was trying to refresh my memory about things. I was concerned on how close the shows were together, sir,” Faye said. She had reached out to Kenny Ortega and Michael about it.

Putnam: You didn’t see MJ for 4 years and thought it was a problem?

Faye: I said it could possibly be problem, I didn’t say it was definite. Putnam showed Faye the calendar for the shows of ‘This Is It.’

She said she had not seen it, what she saw was a list online. Faye agreed with the concept that she did call and expressed concern, but didn’t say it was dangerous and impractical.

“I had no concept of Michael’s ability at this time,” Faye said. “I was always protective of Michael and his well-being.” “By the conversation I had with him, he didn’t seem to know the structure, only that it was 50 days,” Faye said about Michael.

Faye said she worked with a wig maker and they both went to Carolwood to see MJ. “Sir, we needed to prepare for the show, sir.” She testified she needed to get some funds to start working on MJ’s wigs and was told to speak with Dr. Tohme.

Putnam: Did you have an understanding as to whether or not you were an employee of AEG Live?

Faye: I worked for ‘This Is It’ and the production of the tour.

“The process of his hair took a long time,” Faye said. Faye said she needed to be able to get to MJ, so she asked in the contract to be close to him. “I don’t know where they were going to put me,” she explained. “I wanted to make sure they could get to me if they needed.”

Faye said MJ liked privacy. “When you do somebody’s hair there’s a lot of things involved and he didn’t want people to see it,” Faye said.

She needed probably 5 wigs, each costing $3,500. She said it was a long process to get one ready, and she needed reserves for emergencies. “It meant Michael didn’t want anybody to know he wore a wig,” Faye said. Faye requested the wig receipt be as discreet as possible.

Botox inhibits sweating, so Faye thought Michael could have Botox injections on his scalp and he wouldn’t sweat, the wig would stay on. Faye said Latisse and Propecia prescriptions for Michael were under her name. Propecia rejuvenated hair on men’s scalp, Faye said, and she needed as much healthy hair as possible. Michael was burned a long time ago, had damage to his scalp,” Faye said about MJ needing wig. “He had 1st, 2nd and 3rd degree burn.”

“Ortega demanded Michael to take off sunglasses, they gave me orders sir, but not pertaining to make-up and hair,” Faye said.

Putnam: Did they do a background check on you?

Faye laughed out loud and said, you’re so funny. I don’t think so. No, there was no background check done on me,” Faye said, explaining she knows the background check is one of the issues of the trial.

She worked with MJ for 27 years.

Putnam asked Faye what she did in April and May 2009 to prepare for the tour. She said she attended productions meetings at Center Staging. Faye said she worked in a bedroom downstairs at the Carolwood house, and never went to the second floor bedrooms.

Faye doesn’t recall how many times a week she saw MJ from March to June. In the first period of rehearsals, Faye said he seemed ok.

“I noticed some physical things that were odd,” Faye recalled. His thinness was still bothering me,” Faye testified. “He wasn’t gaining anything; that was a concern.” Faye said she was so concerned she brought one of Michael past cooks who had a restaurant nearby to bring him food.

It wasn’t the MJ at 29, but he did ‘Billie Jean’ and it was MJ, everyone was really excited about that,” Faye said about rehearsals in June.

“I asked Michael’s security if he was going to see Dr. Klein,” Faye testified. Faye said Michael’s security confirmed MJ was seeing Dr. Klein maybe 3-4 days a week. Faye said she expressed that concern to Frank DiLeo, MJ’s manager at the time. But she never spoke with Michael about it.

Putnam: Did you express to Kenny Ortega any concern you had about Dr. Conrad Murray?

Faye: Yes, that he wasn’t a psychologist! I didn’t know Conrad Murray at that particular point other than expressed the concern of what I think Michael needed,” Faye said. But could not recall a similar conversation with him about Klein.

Putnam then asked Faye if she had ever been under any pressure from Randy Phillips or Paul Gongaware to get Michael on stage.

She replied “No.”

Did Paul Gongaware or Randy Phillips ever personally instruct you to never listen to MJ?

Faye: No

Putnam: Did you ever observe Randy Phillips tell anyone to get MJ on stage to rehearse?

Faye: He told me he wanted to build a wall around Michael so he doesn’t want to do anything but get to rehearsal.

On June 22, Faye went over to Michael’s house to replace his wig. She waited couple of hours and was told to leave, MJ didn’t want to do it.

June 23 was the first time they were at Staples Center. Faye said she was extremely concerned with MJ’s health on June 19th.

“I was very concerned during this period of time, I was very, very frightened,” Faye explained. She said she had horrible thoughts.

“I made a phone call to security Alberto Alvarez on Saturday and asked him to watch MJ very closely; that I was concerned,” Faye testified. Faye said she didn’t have an opportunity to talk to anybody on June 22 about MJ and she didn’t want to ask the children.

On June 23, Faye said there were lots of meetings at Staples Center with MJ. She was alone with MJ at some point in the day.

Faye said she didn’t remember what she said to MJ, it was probably how are you doing, probably addressed him very casually.

Putnam: Did you think MJ had a good rehearsal on June 23?

Faye: It was much improved, sir.

Putnam: How about the 24th?

Faye: It was improved.

Putnam asked if Faye thought MJ would be ready to tour after those rehearsals.

She responded “Oh no, oh no!”

Putnam: You didn’t think he was ready to go?

Faye: Oh no!

Faye explained MJ didn’t gain any weight, there were changes that needed to be done to get him ready, perhaps if they could delay it a bit. Faye said there was hope, though.

“I saw more of Michael, he was laughing, I saw him participating, yes, there was some relief.” “He was still cold, but his spirit was better, sir,” Faye said. I wasn’t concerned for his weight for everyday life, but I was concerned for his performance weight,” Faye explained.

Putnam: Did you ever testify his work weight was 120 pounds?

Faye: Lisa Marie Presley gave me that information.”

Putnam: Did you say he lost 10-15 lbs the last week of his life?

Faye: It was an estimate, yes.

Putnam: Were you observing Mr. Jackson becoming thinner and thinner?

Faye: Yes.

Faye said that in Mar/Apr she told Michael she was concerned with his weight. She never talked to him about it during last weeks of his life.

Putnam asked Faye about the fact that Coroner’s report saying MJ was 136 lbs at the time of his death.

“Because Michael had lost so much weight and he kept losing weight. 136 lbs was a lot for MJ,” Faye explained. “I was voicing my opinions and what I thought and I wasn’t getting too much response, sir,” Faye said. “He would pretend everything was ok,” Faye said.

But she never asked MJ if he was okay since she thought he wasn’t in the state of mind for it. Faye did not express any of her concerns to MJ’s family remembers.

Putnam: That last week, you didn’t know what was going on?

Faye: Right.

Faye said Michael believed in doctors and that wherever they prescribed he thought it was ok. Faye said the first time she heard about Propofol was after Michael died. She was surprised about it.

Faye said MJ talked about the tour and it seemed he was trying to convince himself to do it. “It was always like he was talking himself into it.”

Putnam: Did you think MJ was self-sabotaging?

Faye: I didn’t understand what was going on.

The email Faye sent to Frank DiLeo was a note from a fan concerned with MJ’s weight on June 20, 2009. Faye wrote in the email: “Frank… Unfortunate she’s right. I’m fearful he’ll make himself so sick he will die. If he doesn’t do this show he has no where else to go…”

Another fan email was forwarded on June 22 from Faye to DiLeo saying MJ was too thin.

Faye added: “When he asked me to do this in May and met with him. I saw a slender but strong and coherent Michael Jackson.

“I felt desperate when I wrote this email, because I felt I wasn’t being heard or acknowledged,” Faye said. “It seems like he is setting himself up to be the victim,” Faye wrote in the email to DiLeo. I thought the best pathway, he needed some psychological help,” Faye explained. “I’m trying to figure out what is going on.” “He hurts himself most of all,” Faye wrote.

Putnam asked what she meant by that?

Faye said “He’s dead!”

“I don’t think you, Kenny or Randy deserve becoming the villains, or the financial victims,” Faye wrote. “This is between you and me alone,” Faye wrote in the email to DiLeo. “I am leaving this in your hands as you have instructed me to do.”

There was no response from Frank DiLeo or anybody else, Faye said.

Putnam asked about her saying it was between the two alone, and she said her intention was for someone to help Michael.

Faye’s email to DiLeo: Michael is painfully thin… His bones are protruding. I’m one person that has physical contact with him every day. Michael’s OCD is getting worse. He repeats his actions and rambles words constantly.

In an email on July 1, 2009, Faye expressed concern to Randy Phillips about footage of MJ shuffling and wrapping around in blankets.

Phillips responded: We control all the footage and it is locked at the vault at staples center.

Panish: Were you seeing Michael not able to sing and dance on June 16?

Faye: Yes, sir!

Panish: Did you think that MJ needed some medical assistance that time?

Faye: Absolutely!

Faye agreed with Bugzee that MJ was deteriorating in front of everyone eyes. “He was not in good physical shape on June 19.”

Panish: Who did you negotiate your contract with?

Faye: AEG Live.

Panish: Were you being paid $150,000 a month?

Faye: No

Panish: Did you take the Hippocratic oath when you became a make-up artist?

Faye: No, sir.

Source: ABC7 Court News & MJWN

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