Around 1:40 pm PT, jurors were escorted by sheriff's department. We're told they had security brief for sequestration during deliberation.
Outside the presence of the jury, Deborah Chang argued she doesn't think it's appropriate for the court to sanction.
Chang gave 38 pages of Debbie Rowe's testimony to Dr. Metzger to read.
Judge had ruled that non-retained expert witnesses should not be given copies of other witnesses' testimony.
Chang: I don't think it was intentional violation of court's order. I believe we acted in good faith Judge: The good faith exception, huh?
Judge then precluded plaintiffs from asking anything related to the issue German doctors and Propofol used to sleep.
Bina: He already testified without the taint of someone else's testimony. Even if she acted in good faith, it irreparably tainted his memory
Bina said she's asking for fair remedy here, which is keep this part out of Dr. Metzger's out.
Cahan said the 38 pages of Rowe's testimony detailed the set up the anesthesiologist in German, logistic, what drugs have been provided.
"There's no other way to fix this other than keep it out," Cahan urged the judge.
Panish: What we did, show him the testimony, is appropriate. Non-retained experts can be refreshed.
"This is about refreshing his recollection with someone else's memory," Bina argued.
Panish: Defense will argue MJ had long history of use of Propofol. The evidence here is that Propofol was used in connection with surgeries.
Bina: We can never get back what Dr. Metzger's memory actually was. Judge: Ok, I'm ready to rule. I'm excluding it
Jurors entered the court at 2:41 pm. Dr. Allan Metzger resumed testimony. Deborah Chang continued the questions.
Chang: Do you recall having a conversation with Paul Gongaware about MJ's inability to sleep? Dr. Metzger: Yes, I do.
No further question. Kathryn Cahan, for AEG, doing cross examination.
Cahan inquired about the time of deposition whether Dr. Metzger had MJ's medical files.
Dr. Metzger: Some of my records were given to my attorney at the time, didn't keep medical records.
There may be an insurance file and one major file, the doctor said. His counsel did not give his medical record prior to his deposition.
Dr. Metzger said that at the time of his deposition, he received a great amount of the file back, but it was out of order and missing pages.
"I told the truth to the best of my ability," Dr. Metzger said about his deposition and his trial testimony.
The doctor said he looked at some of MJ's medical records over the past several days. "I did not look at 26 years of medical records."
Dr. Metzger said he had, in bits and pieces, taken care of other Jackson's family members, including MJ's children
The doctor was very close to MJ and moderately close to the children.
In depo Dr. Metzger's said: Q: And it seems like you also had a very close relationship with Michael's children, correct? A: Yes
Dr. Metzger said he had a moderately close relationship with the children in comparison with his relationship to MJ.
He said there were times the children went to his house for dinner, went to the movies.
Dr. Metzger met Katherine Jackson many years ago, he said. He provided some medical care to her last Summer.
He gave Mrs. Jackson advice about traveling because of her health.
THE KIDNAPPING EVENT
Dr. Metzger: I advised her to fly to Arizona for a concert. I do not know where she was in Arizona, I did not advise her to go to a spa.
"Janet and Randy asked me to evaluate her health," Dr. Metzger said. "I've previously taken care of Janet many years ago."
"I'm well acquainted with the immediate Jackson family and some other members," the doctor said.
"I viewed Michael as a very good friend of mine and I think it was vice-versa," Dr. Metzger testified.
Dr. Metzger said he spoke w/ Chang on the phone about 2 weeks ago and in met her in person with his attorney 2-3 nights ago for an hour.
Doctor said he was out of town from middle of July until mid-Aug. Early July he advised plaintiffs' counsel about his absence.
Dr. Metzger first spoke with plaintiffs' attorneys about testifying back in April or May. He has been subpoenaed.
Dr. Metzger said Chang told him she had an attorney to refer that she thought would suit his needs. She recommended Eric George.
Cahan: Did plaintiffs' counsel help you find an attorney? Dr. Metzger: Yes
Cahan: Are plaintiffs' paying for your attorney in this case? Dr. Metzger: I believe so. C: How much does he charge? Dr. M: I don't know
The doctor said he reached out to Debbie Rowe after seeing in the media that she testified in this case. He wanted to give her some support.
At that time, Rowe also said Eric George was a good attorney. Cahan asked if the doc is charging plaintiffs anything to be here today.
Dr. Metzger: I'll be sending a bill at the end of the trial.
Dr. Metzger: I believe it's reasonable for my time reviewing the records, giving deposition and testimony in this case.
The doctor said he's spent about 6 hours of his time. Cahan asked how much he charges and he said he was not comfortable disclosing his rate
Cahan asked the judge to order him to answer, which judge did. He said he charges approximately $1,000/hour.
"There were no negotiations, I basically said this is my fee and they said ok," Dr. Metzger explained.
As to his attorney, Metzger said he knows there's an arrangement for payment by the plaintiffs and there's also an arrangement between the 2
Cahan: Have you spoken with Jackson's family members about this lawsuit? Dr. Metzger: Basically no
"My recollection I did not speak with any single member of the family about this lawsuit," Dr. Metzger testified.
The doctor said his relationship with Michael Jackson was the closest he has ever had with any patient. He went to Neverland 12-15 times.
He went to MJ's Century City house, saw MJ at Dr. Klein's house and office, saw him in NY, Australia, best man of his wedding to Ms. Rowe.
"He was both," Dr. Metzger said about MJ being a friend and patient. "I always had his best interest at heart."
"I don't believe I ever crossed any ethical boundaries with Michael Jackson," Dr. Metzger said.
The doctor said he understands the Hippocratic Oath to have his patients first, do no harm.
Dr. Metzger: In my view, I always maintained proper boundaries. A lot of physicians would not socialize with patients.
Dr. Metzger: MJ was the most social I was with my patients.
"He really didn't like taking medicine" Metzger said. "I think he needed medicine because he had low pain threshold when undergoing surgery"
YESTERDAY EVEN A HEADACHE WAS IN HIS LIST, TODAY IT WAS ABOUT SURGERY
"He needed it, he didn't take it for joy," Dr. Metzger said.
Dr. Metzger said he believes he never gave MJ Demerol. "Absolutely not," he responded to the question.
Dr. Metzger: At some juncture on that tour (Dangerous), I believe I arranged for Karen, Debbie or security team to bring some medicine to MJ
Cahan: Was that in Aug 1993? Dr. Metzger: I don't recall.
Cahan: Do you remember sending pain medication? Dr. Metzger: Yes, there was some form of pain medication
Cahan: Do you remember sending some Demerol?
Dr. Metzger: I don't personally believe I prescribed MJ Demerol. It could've come from Dr. Klein if it was in the package.
"I don't remember ever writing a prescription for Michael about Demerol," Dr. Metzger explained.
Dr. Metzger admitted he used Karen Faye's name to prescribe medicine for MJ.
"I've done it on rare occasions, almost exclusively for MJ and Janet," Dr. Metzger said.
Cahan: Even though you knew it's illegal? Dr. Metzger: Yes C: Why? Dr. M: To protect their anonymity
Cahan: Have you ever been reprimanded or disciplined for writing prescriptions on someone else's name? Chang asked for a sidebar.
Outside jury's presence there was discussion about Cahan asking if Metzger was reprimanded 4 writing prescription under other people's name
Bina: Dr. Metzger pled no contest to a misdemeanor for misconduct. There's a petition for suspension of Dr. Metzger's medical license.
Bina argued the appropriate remedy should be to strike the question and bar the line of questioning.
Cahan apologized saying she misunderstood the court order. She said she thought it had to do with other patients other than MJ and KJ
Panish: She did it intentionally, was setting him up. It was a premeditated plan. It's not admissible, she severely prejudice this witness
Panish wants an admonition read and wants to be allowed to talk about the German doctors.
Chang argued Cahan did it in bad faith. "The jury is left with the idea that he's a criminal, that he'd do anything for MJ," she said.
"I honestly don't know what to do to fix it," Chang said. "I just want to throw myself on the floor and cry."
Judge will read an instruction to the jury that Cahan's question was improper and they should disregard it or anything implied by it.
Judge admonished Cahan not to ask anything about it.
Dr. Metzger said he travelled to Australia with Debbie Rowe, was there for about 2 weeks. This was HIStory tour.
Dr Metzger never rejoined the tour after he came back to LA. "My schedule and MJ particularly wanted me there for the wedding and Australia"
"He didn't need me and I didn't need to be there," he said. Dr. Metzger recalled treating MJ for mild dehydration while in Australia.
The doc talked about the plan he wrote to help MJ sleep. He said MJ gave permission for him to share plan w/ Rowe, Faye and security guards
"Michael needed to be told what to do," Dr. Metzger said. The plan detailed what to do before flights and after performances.
"He was uncomfortable and a little fearful of flying," Dr. Metzger explained.
Cahan: Did doctor shopping included Mr. Jackson segregating physicians?
Dr. Metzger: Often I'd not hear about other physicians. I'd hear from security or the ladies if it was serious.
"At times, I think he probably did keep things from me because he didn't want me to worry," Dr. Metzger testified.
Dr. Metzger: I always asked him to go thru the hotel, because the hotel had responsibility to hire competent physician.
Cahan: Do you think MJ wanted to keep information from one doctor to another so he could more or less do what he wanted? Dr. Metzger: No
Cahan played video deposition in the insurance company lawsuit where Dr. Metzger said MJ would segregate his doctors.
Dr. Metzger on depo: I think he didn't want to appear he was doctor shopping.
Dr. Metzger: I think he didn't want one medical group to know about another medical group so he could, more or less, do what he wanted.
THE OTHER DR. METAGER
Judge adjourned trial until 10:00 am PT tomorrow for jurors. Attorneys are ordered at 9:30 am PT. Dr. Metzger to resume testimony at 10 am.
PLAN AS OF NOW, ALL SUBJECT TO CHANGE: - Witness done tomorrow morning, arguments and motions in the pm - Jury to be instructed on MONDAY
- Closing plaintiff -- TUESDAY - Closing defendant -- WEDNESDAY - Rebuttal plaintiff – THURSDAY
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