The state calls Kenneth Ortega as its first witness. He lists his extensive background in choreography, stage production. He met Jackson in 1990 when Jackson called to express interest in working with him on the "Dangerous" tour. Ortega was the co-creator of the show and director of the production. Also partnered with Jackson for the "History" tour and some charity productions.
Ortega describes his collaborations with Jackson as fun, inspirational. They collaborated on everything that contributed to the whole of the production - music, effects, costuming, staging, lighting, etc. Michael did the choreography on his own and with others. Ortega supervised the choreography but did not create the dances himself.
"We had a great friendship working together as professionals." Ortega says he didn't see him a great deal outside of that, though in latter years, it was more often contact.
Ortega said he was informed by AEG that Michael had a tour, then Jackson reached out to him personally to be part of the tour. Jackson used the phrase "this is it" several times during their conversation, and Ortega suggested that's what he should name the tour - "This Is It." Ortega began working on the production in mid-April as co-creator and co-director.
Ortega worked with Jackson 4-5 times per week on the preparations. Jackson was very excited, convinced this was the time and that he had great reason to do it. Ortega says Jackson wanted to share what he did with his children (were then of an age to appreciate what he did), wanted to do it for his fans, felt his music applied to the world situation more than ever.
Walgren asks if Jackson's children attended rehearsals. Ortega says they did not, that Jackson was waiting to bring them on tour to the shows in London and wanted them to keep up with their schooling.
Ortega says Jackson told him his songs he'd written about the environment, the planet, the children, were more important than ever and wanted them to be out there and part of the show experience.
During June 2009, production was held at The Forum. Near end of June, moved to The Staples Center, about a week before he died. It was larger and more comparable to the O2 Arena in London where they'd be opening. It was going to be a huge production with enormous, 3D movie screen. All sorts of sets, props, costumes, lighting, special effects, pyrotechnics. The movie screen was Jackson's idea. He and Ortega had created short 3D films to accompany live production so that audiences would have a live 3D experience during the show.
Ortega describes his work with Jackson at The Center Stages. Once at The Forum, the production moved into the staging phase. At Staples Center, they did technical rehearsal, lighting, other elements of the show.
Jackson's rehearsal times were almost always late afternoon into the evening, lasting between five and seven hours. This time included creating, decision-making, rehearsal. Jackson always had the last word on any differences of opinion on creative matters.
Ortega identifies defendant as Dr. Murray. Says he met Murray at Jackson's house when he was there for creative meeting with Jackson one day, he believes April or May. Murray attended a few of the rehearsals at The Forum, but doesn't believe he came to the other two venues.
During a period in June, Jackson wasn't showing up for rehearsals - mid to latter part of June, before they went to Staples. It was the last week at The Forum, approximately. Ortega testifies that he would expect him each day, and it became a continued absence. He was only told that it was a scheduling issue. Didn't have reason to doubt that.
On Friday, June 19, 2009 (he believes it was still at The Forum), Ortega observed that his friend, Jackson, "wasn't right, wasn't well." It deeply troubled him. He was chilled, appeared lost - sort of lost and a little incoherent, although we were conversing and he could answer questions. I did feel he was not well at all, not well enough to rehearse. Ortega offered him food, which he accepted. He put a blanket around him, rubbed his feet, put a heater in the room next to him. They just talked and Jackson asked if he could just sit with him that night and watch rehearsal. That's what they did, for a little less than 2 hrs. Jackson seemed not to be "there," like there was something wrong. He'd never seen Jackson like that before.
Jackson left before the end of rehearsal. Ortega suggested he leave and Jackson agreed. Ortega expressed his concerns in an email to Randy Phillips. He wanted others to know of his concerns about Jackson after his encounter with him that night at rehearsal. Ortega reads the email aloud. He notes in email that Jackson is in perilous shape and desperately needs a therapist to help him; that he may not be able to go forward; terribly worried about him.
Ortega noted in his mail they'd "brought the doctor [Murray] into the fold." He says Murray was setting the schedule for Michael so that he could make rehearsals. "The tough love, now-or-never card" reference was about a meeting outside Ortega's presence wherein Jackson was told unless he showed for rehearsals, they might not be able to make the shows in London.
Ortega mentioned in email that he'd called Jackson's doctor [Murray]. Ortega says he was unable to reach him. "It would shatter him [Jackson], break his heart, if we pulled the plug. He's terribly frightened it will all go away." Ortega says Jackson was always positive and optimistic about the show. He really wanted that tour.
A meeting was held at Jackson's house later that day. It was not previously scheduled. Ortega says he got a call asking him to come to the house, late morning/early afternoon. He assumed meeting would be about Jackson. Randy Phillips, Frank Dileo and Dr. Murray, along with Jackson, were in attendance.
Murray confronted Ortega, upset that Ortega didn't allow Jackson to rehearse and had sent him home. Murray told him he should not try to be the doctor or an amateur psychologist, to leave the medical issues to him and just direct the show. Ortega told Murray it wasn't his choice - Jackson asked to sit it out. Murray told him Jackson was capable of handling all the responsibilities of his show. Ortega was shocked because Jackson did not appear at the time to be physically or emotionally stable.
Ortega says Murray was stern with him, and he responded in kind. Ortega asked Jackson to tell the doctor what happened, that it was his choice to sit it out, and Jackson agreed with Ortega. Jackson told him he was ready and capable and asked him to stay with him. Ortega says he told Jackson he only brought the issues up because he didn't want something bad to befall him. They hugged and Ortega left.
No rehearsal for Sat/Sun/Mon. Next rehearsal was the 23rd of June. Jackson's condition was improved on that date. Was full of energy, enthusiasm, desire to work. "It was a different Michael," Ortega says. On June 24th, Jackson came to rehearsal and was a full participant.
After two successful days of rehearsal, Jackson was feeling great. He asked Ortega if he was happy and Ortega said yes. He asked Jackson if he were happy, too, and Jackson said he was.
June 25, 2009, an illusion was scheduled to take place. It transitioned Jackson from one musical event to another. Michael would stand on a bed in silk flames and then float out over audience in a cherry picker. Jackson was very excited - he loved magic and illusion and was excited the apparatus had arrived and they were going to rehearse it. The night before (the 24th), Jackson asked him to thank everyone and tell them that he loved them. Ortega told him all would be ready when arrived the next day so he could step right into the illusion rehearsal. They said I love you to each other and hugged, then Jackson left.
Ortega arrived the next day to begin working on the illusion. He received a phone call from Paul Gongaware that an ambulance picked Jackson up and that he was at the hospital, in with the doctors, and that he'd call back when he knew more. Paul called him again to tell him that they'd lost Jackson. Ortega says it took a while to feel his feet on the ground, and it was clear everyone in the room was getting messages and calls, that the word had spread. He called everyone together. They joined in a circle, and he informed them of Michael's passing.
Judge calls the mid-afternoon break.
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