Notes from a fan who was inside the courtroom.
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Court hearing with Prosecution, Defense and SONY representatives. No Murray, no family.
The Judge began by saying he had been to SONY on the same day as the last court hearing, from approx. 1-6.30pm (Wednesday July 20th) and had reviewed 3 hours of material and that SONY filed a motion to quash the subpoena against them the next day.
The Judge added that he then went home (after reviewing the material, Wednesday July 20th) and looked online for any media report regarding that day’s court hearing. He found two interviews made by the Defense (Flanagan) and decided to put a stop to any more viewing of the material on his part. He therefore cancelled his next viewing days (July 23rd and 24th) and called all parties on the phone to inform them of his decision.
The Defense (Flanagan) argued that the interviews he gave only conveyed his opinion that “even on his bad days, he (Michael) was talented” and that over the 100+ hours of footage they reviewed, nothing looked “off”. (Let’s bear in mind that SONY had already chosen which footage they would allow both parties to review!)
Here is the defense breakdown of the footage that was selected from June 15th to June 24th:
June 15th: Michael was present but did not rehearse.
June 16th: Michael rehearsed.
June 17th: Michael rehearsed.
June 18th: Michael was present but did not rehearse.
June 19th: Michael was present but not rehearsing. Michael was wrapped up in blankets and then sent home.
June 20th: Randy Phillips, Kenny Ortega, Frank Dileo and Co. showed up at Carolwood threatening to “pull the plug because of his failure to co-operate”.
June 21st: Michael was absent from rehearsals.
June 22nd: Michael was absent from rehearsals.
June 23rd: Michael rehearsed.
June 24th: Michael rehearsed.
The Judge then asked the Defense if they were withdrawing the subpoena (subpoena to force SONY to release footage and use it in court). Defense said no but that allowing them to only view footage from June 15th- to June 25th when most of these day Michael is not rehearsing or present is unfair.
The Judge responded by arguing that only the 23rd and 24th of June should be the only relevant days, taking that Michael died a few hours later.
The judge then asked the Prosecution for their opinion. The prosecution answered that the footage from June 23rd to June 24th is indeed representative on Michael’s mental health, and so is the other footage they reviewed. They added that Michael was “engaged and involved” and “not curled up in blankets and “appeared healthy”. (?!?!?!?!).
The Judge continued by turning to SONY and asking them what THEIR opinion was on the matter.
SONY argued that showing ANY footage in court would be a problem and a risk because of potential future productions they may want to produce with the material and that this Michael Jackson footage is a commercial viability for them.
Prosecution then made a request of what footage dates they are requesting to use for court: 2 different tapes from June 16th, one from June 19th, one from June 23rd and one from June 24th.
Defense required June 18th, 19th and June 20th. Defense argues those dates are significant because of Michael’s either inability to perform (please check timeline further up).
The Defense made a point of adding hat if Michael was so healthy then why did he either not show up for rehearsals, be sent home or threatened to have the plugged pulled on the show. Flanagan added that the movie This Is It was a complete waste of time if it was to be shown in court because it was an “edited movie” and was not representative of the other days.
The Judge then made his decision after hearing all parties (Defense, Prosecution and SONY).
Motion to quash the subpoena granted in SONY’s favor! SONY representatives smiled and patted each other on the shoulders.
The Judge argued that the Defense’s motion to subpoena was a “fishing expedition” on their part and then commanded and praised SONY for their “willingness” to proceed the way they did and that they satisfied the interests of the Court and the People (?!). He then added that he had reviewed material that is very valuable to SONY and said “I’m not irresponsible in the interest of SONY”. (??!!!)
The Judge went on to say that despite the -350 million dollars Court deficit this year that SONY might still be entitled to a restitution for their efforts. (?!)
The Judge then told SONY representatives that they didn’t need to stay any longer in the court room, to which SONY replied: “We enjoy being here!” Laughter erupted in the court room. (???!!!!)
The Judge finished off by addressing the Defense, in particular Flanagan, regarding his interview on a top radio show where Flanagan made a comment about Michael’s “detractors” and exchanged some evidence. Flanagan argued that it was public record. The Judge said that his actions might be a violation and that he may issue a gag order and ended by saying “Be afraid”!
Samantha de Gosson
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