Howard Mann takes the blame for the defamatory emails leaked as AEG files motions against the Jacksons

06/09/2012 00:00

Howard Mann, Katherine Jackson's business partner, takes the blame for the defamatory emails in which AEG claims Michael Jackson was not able to perform, by saying to have leaked them to the Los Angeles Times, he told CNN. 

The claim by Howard Mann is made with the purpose to contradict a statement by lawyers for concert promoter AEG Live that they have "unequivocal evidence" showing that Michael Jackson's mother and her lawyers leaked the e-mails.

From AEG:

“AEG believes the unequivocal evidence shows that Katherine Jackson and her attorneys leaked these documents to the press. The documents released to the press were given to Mrs. Jackson and her attorneys—and to no one else—confidentially in discovery and subject to a court order. Accordingly, AEG has today filed a motion for sanctions against Mrs. Jackson and her counsel for this unlawful leak.

AEG was asked to comment on the article and to provide documents in its defense that would tell a different and more complete story. AEG, however, was unwilling to violate the court’s order in its defense. Many of the documents and other sources that support AEG’s position had also been designated as confidential by third-party witnesses in Katherine Jackson’s lawsuit against AEG. These witnesses trusted that their materials had been provided in confidence, that their confidentiality would be respected, and that only the court could order the materials’ release. AEG could not and would not violate those witnesses’ rights by turning their documents over to the press without their permission.

Even without those documents, however, the story as written shows that Katherine Jackson’s claims against AEG are simply not true. The story acknowledges, for instance, that Dr. Conrad Murray was Michael Jackson’s long-term physician, and that it was Michael Jackson who demanded to bring him on tour. The story also acknowledges that no agreement with Dr. Murray was ever signed, and that Dr. Murray was never paid by AEG.

The story also acknowledges, albeit obliquely, that even after Michael Jackson appeared ill on June 19, 2012, both Dr. Murray and Michael Jackson himself repeatedly insisted that Michael Jackson was fine, healthy, and eager to perform the concerts. And again, as the story acknowledges and the film This Is It demonstrated, Michael Jackson backed up that claim by performing brilliantly at the next two rehearsals. AEG could not, and did not, cancel its agreement with Mr. Jackson, a respected performing artist who insisted he was ready and willing to perform, simply because he’d been ill one night.

Given all this, one might wonder why Mrs. Jackson or her counsel would choose to leak these documents. After all, their publication hurts her son’s memory and her grandchildren more than anyone else. Unfortunately, the reason plaintiffs chose this course is transparent—plaintiffs know they cannot win on the law and are losing control over the case. After months of discovery, plaintiffs now know what we have known all along – there is nothing to support their claims. Defendants did not hire Dr. Murray nor were they responsible for the death of Michael Jackson. In the meantime, we’ve all watched the press as the Jackson family has made ever-more-wild accusations against everyone involved in Michael Jackson’s life— except themselves.

We look forward to telling the full, complete and accurate account of what actually happened, when the materials that were unlawfully leaked to the press can be put in context and the full story can legally be told. Until that time, defendants will continue to abide by their ethical obligations and the orders of the court.”

The protective court order had block any release of information that AEG had turned over to the Jackson side during the case. Now that that’s been violated, AEG wants monetary sanctions asking the court to fine the Jacksons at least $50,000 and to investigate how it happened. They also want everything sealed including testimony from director Kenny Ortega. AEG also wants evidentiary sanctions asking the court to prevent the Jacksons from using the leaked emails as evidence in the future–that they’re essentially tainted. The court date for hearing both motions is October 24th.

The source of the leak is crucial to the wrongful death lawsuit filed by Katherine Jackson and Michael Jackson's three children because the judge in the case ordered the documents sealed.

AEG did not immediately respond to CNN's request for comment about Mann's claim of responsibility for the leak.

"We were able to learn today that apparently Howard Mann has admitted that he was the source, and that he definitely never received any documents from Katherine, Prince, Paris, or Blanket Jackson, nor from their lawyers in the wrongful death suit against AEG," said Jackson lawyer Kevin Boyle. 

Boyle criticized AEG's lawyers for their haste in pointing the finger at the Jacksons.

"AEG made these accusations against the Jackson family and their lawyers apparently without doing even the most rudimentary investigation," Boyle said. "We are further disturbed that the motion for sanctions filed by AEG was given to the press before it was served on Katherine Jackson or her counsel."

If the AEG lawyers had reached out to the Jackson lawyers earlier, they could have helped solve the mystery of the leaked documents, he said.

"AEG has known about the alleged leak since a week before the article was published," Boyle said. "AEG never contacted the Jackson's counsel to inquire about the article or the documents."

AEG Live President Randy Phillips was responding to show director Kenny Ortega's e-mail, which said Jackson had "strong signs of paranoia, anxiety and obsessive-like behavior" and suggesting they bring a "top psychiatrist in to evaluate him ASAP."

Mann, who once partnered with Katherine Jackson on a book and documentary about her family, said he obtained the documents from various sources, but none of them came from the Jacksons or their lawyers.

He gave them to Los Angeles Times reporter Harriet Ryan because he wanted the story of Jackson's death to be told, Mann said. 

"The Times does not comment on sources," Ryan said in response to CNN's request for comment on Mann's claim that he gave them to her.

AEG lawyer Marvin Putnam went on a public relations and legal offensive against Katherine Jackson and her lawyers this week in response to Ryan's article and the subsequent stories by other news outlets, including CNN.

"AEG believes the unequivocal evidence shows that Katherine Jackson and her attorneys leaked these documents to the press," he said in a statement to CNN. "The documents released to the press were given to Mrs. Jackson and her attorneys -- and to no one else -- confidentially in discovery and subject to a court order."

But Mann said he got the e-mails from several sources, including Jackson fans who contacted him. "Some of the documents were part of discovery in other cases, including the criminal trial of Dr. Murray," he said.

Of course Michael Jackson fans would never contact Mann for anything, and furthermore these emails were exclusively in possession of Katherine Jackson and her lawyers as part of her lawsuit.

Boyle, Katherine Jackson's lawyer, also told CNN that other parties had the same documents.

The lawyers involved in an ongoing insurance case against AEG should have many of them, he said, since they are all relevant to that lawsuit. Lloyds of London seeks to void a $17.5 million policy that AEG purchased in case Michael Jackson was not able to perform the 50 shows scheduled for London's O2 Arena. The insurer contends AEG hid Jackson's health problems and failed to respond to repeated requests for his medical history.

"Katherine, Prince, Paris and Blanket Jackson and their lawyers deny AEG's allegations that we gave any protected documents to the press," Boyle said.

The documents made public in the Los Angeles Times story are not the most damaging to AEG that were uncovered, Boyle said.

"We can assure you that we are in possession of documents that make for an extremely compelling story in the wrongful death case, and that completely support the plaintiffs' claims," he said.

AEG Live's president called Jackson's death "a terrible tragedy" in an e-mail weeks after he died, adding "but life must go on."

"AEG will make a fortune from merch sales, ticket retention, the touring exhibition and the film/dvd," Phillips wrote. In fact, AEG Live was allowed to sell Jackson tour merchandise related to the This Is It movie and share in the profits from it, produced from rehearsal video.

In the defamatory e-mails AEG Live's president says, "MJ is locked in his room drunk and despondent," Phillips wrote in a March 5, 2009, e-mail to AEG Live's parent company, the paper reported. "I (am) trying to sober him up."

"I screamed at him so loud the walls are shaking," Phillips wrote. "He is an emotionally paralyzed mess riddled with self loathing and doubt now that it is show time."

Michael Jackson arrived with 90 minutes late that day, a thing that had happened other times in the past. Anyway, media reported that the promoter blamed London traffic.

"He's as healthy as he can be -- no health problems whatsoever," Phillips told CNN two months later to refute reports Jackson's health was threatening the concerts.

"We cannot be forced into stopping this, which MJ will try to do because he is lazy and constantly changes his mind to fit his immediate wants," AEG Live executive Paul Gongaware e-mailed to Phillips.

Jackson's missed rehearsals in June triggered concerns in e-mails that he was slow in learning his dance routines and would have to lip-sync on stage, the Los Angeles Times reported. 

The playback is useful to better preserve the voice for the Tour.

"MJ is not in shape enough yet to sing this stuff live and dance at the same time," one e-mail from the show's music director read, the paper reported.

A production manager wrote: "He was a basket case. Doubt is pervasive."

A loud warning from Ortega, who worked closely with Jackson on previous tours, came in mid-June, just over a week before his death.

"It is 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 this weakened and troubled state," Ortega wrote. "I believe we need professional guidance in this matter."

Ortega testified at Murray's trial about his concerns about Jackson's frail condition and missed rehearsals. It resulted in a meeting on June 20 in which Murray assured the promoters he would have Jackson ready for rehearsals that next week.

An e-mail from Phillips after that meeting said he had confidence in Murray "who I am gaining immense respect for as I get to deal with him more."

"This doctor is extremely successful (we check everyone out) and does not need this gig, so he (is) totally unbiased and ethical," Phillips' e-mail said.

The correspondence could play a role in the wrongful death lawsuit, which accuses the promoter of contributing to his death by pressuring him to prepare for the concerts despite his weak condition.

__________________

As the Los Angeles Coroner's report and testimony state, Michael Jackson was in good health more than anyone of his age. Also, there is NO sign of drug, alcohol or else abuse found.

In spite of this, Michael Jackson had not felt well and had missed some rehearsals, among which that of June 19, when he had chills and was unable to perform. In that day, Kenny Ortega told him to go home because Ortega saw he was not well. The day after, Ortega was called at Michael's home at a meeting at which was present also Randy Phillips and in which Murray reprimanded Ortega for having sent Michael home and said Michael Jackson was well.

Any health problem Michael Jackson had was therefore exclusively caused by Murray's administrations, as the Coroner's report widely demonstrated.