Direct examination of Ortega by Walgren continues after the afternoon break. Ortega plays a June 23 2009 video of Jackson performing "The Way You Make Me Feel" for the jurors. Jackson appears in excellent form, singing and dancing. There is discussion, fine-tuning of the performance as they go along. Ortega testifies the back-up dancers are average age 18-24 [less than half Jackson's age].
Walgren now plays video of "Earth Song," which Ortega says was his last performance/rehearsal ever. Again, Jackson appears fully possessed of his talents in the video. Ortega says after that song, Jackson came down and the two of them watched the rest of the rehearsal with a stand-in doing Jackson's part so they could assess staging, lighting, etc. Ortega testifies that he and Jackson discussed future plans, aside from the "This Is It" tour. Jackson wanted to take it out into the world, perhaps the US. He also wanted to make movies. Jackson invited him to collaborate on a full-length feature of Thriller and his Smooth Criminal character.
End of direct exam.
Ed Chernoff conducts cross-exam of Ortega. He asks about June 20th, when the meeting at Jackson's house occurred. Ortega says he did not speak to the others on the phone about the incident with Jackson prior to sending the email. Ortega thought it was Gongaware who scheduled the meeting, but he is not sure. Chernoff asks if Ortega understood part of purpose of meeting was to discuss missed rehearsals. Ortega said it wasn't brought up to him. Ortega says his comments in email referred to meetings that had occurred prior to that night about Jackson making rehearsals.
Ortega says that was the only meeting he was included in. He wasn't aware of another meeting, but assumes must've taken place regarding the rehearsals, scheduling of Jackson's practice times. Chernoff asks if Ortega knows when Murray made the schedule was made for Jackson. Ortega does not know.
Ortega had expressed concerns prior to the week before Jackson's death about his missing rehearsals. He had conversations with a few people about those concerns, including Paul Gongaware, Randy Phillips. Chernoff was concerned they might not make the goal without Jackson's timely participation in rehearsals.
During the meeting at the house, Ortega said he felt Murray had the impression that Ortega had pulled Jackson off rehearsal instead of Jackson's being unable to perform, as if Jackson had told him one thing, then Ortega another.
Chernoff asks if Ortega remembers telling Karen Faye to read Jackson the riot act, not to placate Jackson. Ortega says he would've never used that word, says he might have told her Jackson told him he was taking the reins and could use their support.
Chernoff: Would you agree your success was somewhat tied to Jackson's success with the tour? Yes, says Ortega. Agrees that Jackson's not showing for rehearsals would impact everyone, including him - he'd be unable to do his job.
Chernoff asks whether Jackson was intimately involved in decision-making of production. Ortega says yes, he was. The idea for the 3D effects came from Jackson. He had a hand in all details. Ortega agrees with Chernoff that Jackson understood the historical significance of the tour.
Ortega agrees with Chernoff that Jackson's condition on June 19th scared him; had never seen him before like that. Chernoff: Ever occur to you he might've been on drugs? Ortega: Yes. Chernoff asks if Ortega knew Arnold Klein. Ortega says he'd heard about him but didn't actually know him.
Ortega testifies that he doesn't recall seeing Murray at Staples, but did at The Forum. Had some conversation with Murray. Murray invited him to call if he ever had any concerns about Jackson/scheduling. Murray brought scheduling suggestions to Ortega. One suggestion was that Jackson be allowed to have lunch at home with his children.
Ortega testifies that through April and May, he and Jackson had creative collaborations. As they moved to The Forum/Staples, the scope of production and discussion about them increased. Ortega believes they moved to Staples the week immediately preceding Jackson's death. Thinks they had only 2-3 rehearsals there. Those rehearsals were recorded, as were rehearsals from June 15-19, per Jackson's request (but only when Jackson was there; when he wasn't, they didn't record).
Ortega was hired to help edit videotape for "This Is It" movie by Sony Pictures after Jackson's death. There was footage of behind-the-scenes interviews with staff/performers to be used in a possible video release later.
Chernoff: Is there tape showing Jackson sitting in a chair with a blanket wrapped around him? I haven't seen it, says Ortega. [End of cross, no further direct. Witness is excused, subject to recall.]
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