Murray's fees technically AEGs responsibility?

Shawn Trell and Kathy Jorrie Photo: AP /Nick Ut

The 'This Is It' tour budget revealed that Murray's fee was listed as "production costs," which made it AEG's responsibility, instead of including it in "advances", which could have supported their claim that it was meant as a loan to Michael. While calling AEG's Chief Financial Officer "a very detailed-oriented guy," Trell admitted the budgeting was an error made by the CFO.

I'm not sure that I understand this. From my understanding, Michael was to pay ALL Productions costs out of his 90% share of the profits, which therefore was not AEG's responsibility.

In an effort to prove that Murray worked for AEG, emails sent a month before Michael's death were shown by the Jacksons' attorneys. Murray's contract terms were laid out in the letters, but Trell denied the emails demonstrated an employment relationship, despite his confirmation that director Kenny Ortega was also paid based on an agreement laid out solely in emails, instead of a formal contract.

During the testimony, Trell also reiterated that AEG heard of concerns from people involved in the concert production about Michael's poor condition and "they took it seriously," dismissing claims that they ignored a series of red flags that should have warned them of the singer's frail mental state.

An email from director Kenny Ortega with "trouble at the front" in the subject line was shown.

"I honestly don't think he is ready for this based on the continued physical weakening and deepening emotional state," the director voiced his concerns. "There are strong signs of paranoia, anxiety and obsessive-like behavior."

"I think the very best thing we can do is get a top Psychiatrist in to evaluate him ASAP. It's like there are two people there. One (deep inside) trying to hold on to what he was and still can be and not wanting us to quit him, the other in his weakened and troubled state ... I honestly felt if I had encouraged or allowed him on stage last night he could have hurt himself. I believe we need professional guidance in this matter."

Trell said a meeting was held to discuss the matter. At the meeting, MJ allegedly said he would improve and Murray agreed to help. According to witnesses, he did great during the next two days of rehearsals.

"Michael and the doctor stressed that he was OK. They had it under control," said Marvin Putnam, AEG's attorney.

The problem I have with this is:

a) The doc was under huge financial pressure, which could lead him to do what he is told, rather than what is right for the patient. AEG now say they did not do a check on the doctor, so they wouldn't have known this at the time. However, Paul Gongaware had past experience of celebrities and 'Dr Feelgoods', so the concept would not have been totally alien to them.
b) More worryingly, a top psychiatrist was not at the meeting and therefore how could AEG know for sure that Michael really is OK? Dr Murray was a cardiologist, not a psychiatrist, so he is not best placed to judge Michael's mental state either.