Untouchable

by Randall Sullivan

  My concerns about Tohme were revived when I began to hear things from Michael Amir Williams—Brother Michael—that called the man’s character into further question. Learning that Michael Jackson had agreed to have Tohme’s background examined by a private investigator and that, according to Brother Michael, Tohme had been caught in a number of claims about his relationships with the rich and famous that were either exaggerated or untrue, raised fresh doubts. I’ve reported Brother Michael’s claims, and the fact that Tohme disputes them. I think that Brother Michael has possibly garbled things he heard about mostly secondhand, but that there is a good deal of truth in his account.

  It’s my understanding that the Michael Jackson estate (which is to say John Branca and Howard Weitzman) also hired private investigators to look into Tohme’s background. Among other things, those investigators recovered a couple of pieces of historical flotsam that I don’t consider to be of any real significance but that have threatened this very proud man with embarrassment. Although I don’t believe that either of these minor revelations is anything Tohme should be ashamed of, he pleaded with me to leave them out of this book and I decided to do as he asked. I don’t believe I’m covering up for him, merely sparing the man some needless humiliation. I feel compelled to report, though, that Internet reports that Tohme used to be married to Randy Phillips’s sister are untrue. I should also add that Tohme refused to tell me what kind of “doctor” he was. I’m pretty sure he has never possessed a medical license.

  I was, of course, more concerned about suggestions by Brother Michael, by members of the Jackson family, and by the Michael Jackson estate that Tohme had cheated Michael Jackson financially. I agree that Tohme did, as Brother Michael said, make side deals with Jermaine Jackson and Tom Barrack prior to Colony Capital’s takeover of Neverland Ranch, but to the best of my knowledge those were merely finder’s fee arrangements that appear to be lucrative but legitimate. Also, Tohme fully disclosed the deal with Barrack to both Michael’s attorney and his accountant. Dennis Hawk was adamant that Tohme had been “pristine” in his handling of Michael Jackson’s business and financial affairs, but Brother Michael, like Howard Mann, answered that Tohme and Hawk were cooperating. The one person that I knew would be able to speak authoritatively on the subject of how Tohme had dealt with Michael Jackson’s business, financial, and legal affairs was Jeff Cannon, who had served as Michael’s accountant for most of the last two years of his life. Cannon, I knew, was not Tohme’s man. He had gone to work for Michael initially at the behest of Ron Burkle’s company, well before Tohme was on the scene, and had remained an independent agent. Cannon told me very clearly that Tohme had been utterly above board in his handling of Michael’s affairs and had not made any attempt to benefit financially from their relationship, other than through the earnings he was to make as Jackson’s manager, and never actually received even that money before Michael’s death. Cannon agreed with Dennis Hawk that Tohme had been very careful about spending Michael’s money, going so far as to rent a tiny office in West Los Angeles for a thousand dollars a month at a time when he was being told by his client to spend $50,000 per month on a suite of offices in Beverly Hills. Cannon also said that Tohme had been exceptionally scrupulous in handling the money that Michael set aside in the “Lockbox” as a down payment on a new home. He had been fully aware of that money, the accountant said, had kept track of it “to the penny,” and was absolutely certain that Tohme handed over every cent of it to the estate. Cannon also agreed with Dennis Hawk that Tohme was probably not legally obligated to return that money, that Tohme could have simply kept it as an advance against the management fees he was owed, and that his decision to surrender it anyway demonstrated an exceptional degree of integrity. The money Tohme turned over to the estate (on the assumption that it would come back to him later) also included the $2.3 million fee he received for brokering the Neverland Ranch deal with Tom Barrack. Again, neither Hawk nor Cannon felt that Tohme was obligated to surrender that money, and were impressed that he had done so.

  After my conversations with Jeff Cannon and Ron Williams, I was feeling much better about the trust I’d placed in Tohme. I was also becoming convinced that Brother Michael was the one who needed to answer some tough questions. Ron Williams told me that nearly two weeks after Michael Jackson’s death, Brother Michael and Joe Jackson had showed up at Michael’s house in Las Vegas to try to remove property and valuables. Williams’s Talon Executive Services operatives were at the Palomino Drive property (by then Talon was working for the Michael Jackson estate and refused to allow Joe Jackson or Brother Michael inside the Palomino house). A shouting scene ensued, I was told, but the Talon operatives held firm. Brother Michael, through Perry Sanders, insisted that he had never gone to the Las Vegas house after Michael Jackson’s death, with Joe Jackson or anyone else. He did accompany Katherine and Janet Jackson to the Carolwood chateau on one occasion after Jackson’s death, according to Brother Michael, but Ron Williams didn’t recall that. I hold Ron Williams in high regard as a witness, but all I can say for certain is that he and Brother Michael are telling very different stories. I was also told by at least three sources that Brother Michael had somehow come into possession of Michael Jackson’s navy blue Cadillac Escalade, which he was seen driving around Los Angeles for months after Jackson’s death. A number of stories were told to me about why Brother Michael was in possession of the vehicle, though no one showed me any persuasive evidence. Brother Michael himself insists that he never had the Escalade and that the stories being repeated about him are untrue.

  What I’m sure of is that Tohme Tohme was the central figure in Michael Jackson’s business and personal affairs for much of the last fifteen months of Michael’s life and that he possesses knowledge of what took place during that period that no one else has. This makes him a valuable source. I don’t pretend to be unaffected by the fact that I’m the only person with whom Tohme has shared much of that information, and I don’t deny that I’m slightly concerned that there may be facts about Tohme that will emerge over time to undermine his credibility. Howard Weitzman has said that he has information that could get Tohme locked up (just as Tohme has told me he has information that could send John Branca to prison “for years”). No one has shown me any proof that either claim is true, and I tend to agree with Tom Mesereau that this sounds like the sort of posturing that takes place when people are lining up against each other in civil litigation. All I can report is that a number of independent sources, among them Dennis Hawk, Jeff Cannon, Tom Williams, and Sean Najarian, have consistently confirmed things I’ve heard from Tohme. In the end, I’ve relied heavily on Tohme’s version of events, but have tried to make clear, where I had no confirming source, that these are his claims, not certifiable facts.

  “Financier with a murky past”: Deutsch. Tohme’s background: Tohme, Hawk, CS1; public record of his business dealings, including with Tom Barrack. Tohme quotes throughout chapter: interviews with me, except where indicated. Tohme giving Jermaine use of the Rolls-Royce: Brother Michael, Mann. Birthday party: security guards to ABC (see Chapter 12 notes). Grace paying for balloons: Rwaramba to Barak (see Chapter 1 notes). Tom Barrack background: Tohme, Tully/Fortune, including Trump acknowledgment, “too much money chasing too few deals”; Barrack appeared in much coverage of Neverland refinance and O2 shows. Barrack charmed by MJ and the things the two discovered they had in common: Tohme, Barrack to Lee/Ryan/LA Times, to Siklos/Fortune (see Chapter 1 notes). Deal between MJ and Barrack with Tohme as middleman, Sillerman’s trip to Ireland: Siklos (see Chapter 1 notes). MJ determined to focus on moviemaking over music: Schaffel, King, Wiesner, Tohme. Attempt to buy Marvel: Dean/Comics Journal, which had confirmation and specifics of the deal Dieter Wiesner had described to me; web reporting. Cinegroupe deal, anger at Spielberg and Geffen, Wiesner quotes generally: Wiesner interviews. Stan Lee confirmation of MJ’s intention to buy Marvel and play Spiderman: Lee to comicsalliance.com. MJ separating from Jehovah’s Witnesses over “
Smooth Criminal” video: Karen Faye’s “A Life Intersected” blog. Andrew Lloyd Webber on MJ/Phantom: Webber to Daily Telegraph. Tom Hedley/Hunchback: Phoebe Larmore, literary agent for Hedley’s close friend Tom Robbins, via my manager Jeanne Field. MJ-Brando private acting lessons: Schaffel. Determination to play Willy Wonka, soundtrack he wrote and performed: Schaffel, Wiesner. To my knowledge, it’s never been publicly disclosed before now. Christian Audigier’s birthday party/Audigier generally: Tohme, photos and video on YouTube, at popsugar.com. Dinner with Barrack: Tohme, date/location: Michael Jackson Timeline. Barrack Hilton and Station Casinos ideas: Tohme, Siklos (see Chapter 1 notes). MJ not that interested: Tohme. MJ liking Tohme’s Brunei ties: Brother Michael e-mail via Perry Sanders. Spanish Trails estate: Tohme, Clarke/“Michael Jackson Waving Goodbye,” “Slashes Price to $25 Million”/Wall Street Journal. Troubles with Palomino house neighbors: Tohme, Clarke/“Michael Jackson living near school”; also, Hawk, CS2. 2008 work at the Palms: CS1, Elfman/Las Vegas Review-Journal. Meeting with Peter Lopez: Tohme; Lopez did not disagree, to my knowledge, though he and Tohme disagreed about other things. As an aside, I know quite a bit about Peter Lopez’s law practice as my longtime entertainment attorney was one of Peter’s law firm partners. Out of respect for the man’s family I’ve left the subject of his suicide alone; I established to my own satisfaction that the rumors that Peter didn’t really kill himself and that his “suspicious” death was somehow connected to MJ’s were without basis.

  Hawk calling Randy Phillips “a classy guy”: Tohme, during an interview with Hawk present. “Summit” between MJ and Anschutz at the MGM Grand: primarily Tohme; also, Hoffman, Siklos, Phillips to Rolling Stone, Fortune; Gongaware at Murray trial. “Laser focused”: Phillips to Siklos (see Chapter 1 notes). “Fans coming to you”: Phillips; MJ pleased by the idea: Tohme. King of Pop’s success: Billboard, allmichaeljackson.com. Journalists required to identify MJ as the “King of Pop”: Tohme. “Michael Jackson Dance,” the Bravo Legends series, and the Hot Toys deals, releases and successes: allmichaeljackson.com. Lockbox account set up: Tohme, confirmed by MJ accountant Steve Cannon, Hawk. Continuing desire for Spanish Gate estate, reliance on Tohme to get it done: Brother Michael. MJ-AEG terms: the agreements (two separate ones were signed), much related e-mail correspondence. Tohme was the source of the statement issued on MJ’s behalf about touring with his brothers. Negotiations with MJ/“Why say yes to the tour now?”: Randy Phillips to Daily Telegraph. MJ wanting to be known for his work and not his “lifestyle” and “People said I was crazy”: Phillips to Hoffman/Rolling Stone. “Everybody said two things about him”: Barrack to Siklos (see Chapter 1 notes).

  COURT FILES

  Civil

  BP117321 (Los Angeles Superior Court) Joseph Jackson v. The Estate of Michael Joseph Jackson, November 10, 2009 (hereafter cited as LASC BP117321 11/10/09).

  BC445597 (Los Angeles Superior Court) Katherine Jackson, Michael Joseph Jackson Jr., Paris-Michael Katherine Jackson, and Prince Michael Jackson II v. AEG Live LLC, Anschutz Entertainment Group, Brandon Phillips (aka Randy Phillips), Kenneth Ortega (aka Kenny Ortega), Paul Gongaware, and Timothy Leiweke, September 15, 2010 (hereafter cited as LASC BC445597).

  BP117321 (Los Angeles Superior Court) John Branca and John McClain, Co-Executors of the Estate of Michael Jackson v. Tohme R. Tohme, February 17, 2012 (hereafter cited as LASC BP117321 2/17/12).

  DOCUMENTS

  “Dear Michael.” Letter from John Branca (and his law firm). April 15, 2006 (hereafter cited as Branca 4/15/06).

  “Original Lease of 2710 Palomino, Las Vegas, Nevada,” signed by Michael Amir Williams and James Beasley. February 28, 2008.

  “Julien Auctions LLC Consignment Agreement” for Michael Jackson’s personal property to be removed from Neverland Ranch, signed by Darren Julien and Tohme Tohme, August 7, 2008 (hereafter cited as Julien and Tohme, 8/7/08).

  “Promissory Note.” Loan Agreement between Michael J. Jackson and AEG Live. January 26, 2009 (hereafter cited as “Promissory Note” 1/26/09).

  E-mail from Michael Amir Williams to Arlyne Lewiston, executive assistant to Brandon K. Phillips, president and CEO of AEG Live. April 27, 2009 (hereafter cited as Williams to Lewiston, 4/27/09).

  E-mail from Arlyne Lewiston to Michael Amir Williams. April 27, 2009 (hereafter cited as Lewiston to Williams, 4/27/09).

  “RE: E-mail to Michael Sitrick, Dated March 24, 2011.” Letter from Howard Weitzman to Randall Sullivan and Morgan Entrekin. March 31, 2011 (hereafter cited as Weitzman to Sullivan and Entrekin, 3/31/11).

  “RE: Michael Jackson Book.” E-mail from Randy Phillips to Randall Sullivan. April 4, 2011 (hereafter cited as Phillips to Sullivan, 4/4/11).

  “RE: Weitzman.” E-mail from Mike Sitrick to Randall Sullivan, April 7, 2011.

  “Michael Jackson hired Tohme.” E-mail from Michael Amir Williams to Perry Sanders, November 3, 2011 (hereafter cited as Williams to Sanders, 11/13/11).

  Thompson, Cobb, Bazilio and Associates audit.

  FINANCES/AUDIT/NEVERLAND FORECLOSURE

  Friedman, Roger. “Michael Jackson’s Lawyer Says Deal Will Save Neverland Ranch from Auction.” Fox News, March 13, 2008 (I).

  ———. “Michael Jackson’s Neverland on Verge of Foreclosure.” Fox News, January 11, 2008 (I).

  Jacobs, Stevenson. “AP Exclusive: Jackson Said Net Worth $236 Million in 2007.” Associated Press, June 30, 2009 (I).

  Moody, Nekesa Mumbi. “Jackson Saves Neverland Ranch from Foreclosure.” Associated Press, March 13, 2008.

  THRILLER 25

  Herrera, Monica. “Michael Jackson: King of Billboard’s Pop Charts.” June 25, 2009.

  “Artist Chart History—Michael Jackson.” Billboard.com (I).

  “Thriller 25.” Michaeljackson.com (I)

  “Thriller 25.” Michael Jackson Facebook (I).

  “Thriller 25—Charts and Certifications.” wikipedia.

  COMEBACK ALBUM/PALMS

  Wardrop, Murray. “Michael Jackson: The Unreleased Album.” Daily Telegraph, June 27, 2009.

  TOHME DEALS/KING OF POP

  “Bravo Legends.” allmichaeljackson.com, September 10, 2008.

  “Hot Toys Announces New Michael Jackson Figurines.” allmichaeljackson.com, September 25, 2008.

  “King of Pop Album.” allmichaeljackson.com, September, 2008.

  “Michael Jackson Makes History on Euro Charts.” Billboard.com, July 16, 2009.

  “Michael Jackson Japan Charts, 1979–2009.” Billboard.com.

  “Will.i.am Helps Jacko.” mtv.co.uk, January 4, 2007 (I).

  PALOMINO HOUSE/SPANISH GATE ESTATE/BIRTHDAY PARTY

  Banfield, Ashleigh. “Michael Jackson’s Secretive Life.” ABC, March 9, 2010 (RT).

  Clarke, Norm. “Michael Jackson Waving Goodbye.” Las Vegas Review-Journal, July 4, 2007.

  “Michael Jackson at Christian Audigier Birthday Party.” YouTube, May 24, 2008 (I).

  “Photos of Britney Spears and Michael Jackson at Christian Audigier’s Birthday Party.” popsugar.com, May 26, 2008 (I).

  Seal, Mark. “The Prince Who Blew Through Billions.” Vanity Fair, July 2011.

  “Massive Las Vegas Estate Slashes Price to $25 Million.” Wall Street Journal, October 22, 2010.

  MOVIES/MARVEL

  Burkeman, Oliver. “Brando Became Close Friend of Michael Jackson.” Guardian, September 24, 2004.

  Dean, Michael. “How Michael Jackson Almost Bought Marvel.” Excerpted from Comics Journal #270, August 17, 2005.

  Faye, Karen. “August 29.” karenfayeblog.com, August 29, 2010 (I).

  “Stan Lee on Michael Jackson’s Desire to Buy Marvel and Play Spiderman.” comicsalliance.com, May 23, 2012 (I).

  Webber, Andrew Lloyd. “Michael Jackson to Appear in Phantom of the Opera.” Daily Telegraph, June 27, 2009.

  TRANSITION TO LA/RETURN TO PALMS

  Clarke, Norm. “Michael Jackson Living Near School.” Las Vegas Review-Journal, September 14, 2008.

  Elfman, Doug
. “Shhh! Music Stars Work in Secret at Palms Studio.” Las Vegas Review-Journal, January 25, 2010.

  TOHME/BARRACK/ANSCHUTZ/AEG MEETINGS

  Deutsch, Linda. “Jackson’s Mysterious Advisor Opens Up.” Associated Press, July 4, 2009 (hereafter cited as Deutsch, “Mysterious Advisor” 7/4/09).

  Hoffman, Claire. “The Last Days of Michael Jackson.” Rolling Stone, July 22, 2009 (hereafter cited as Hoffman, “Last Days”).

  Lee and Ryan. “Deep Pockets.”

  Mason, Rowena. “Randy Phillips Profile: Michael Jackson’s Promoter Is Making All the Right Moves.” Daily Telegraph, March 14, 2009 (hereafter cited as Mason, “Phillips Profile”).

  Tully, Shawn. “I’m Tom Barrack and I’m Getting Out.” Fortune, October 31, 2005.

  CHAPTER 16

  Visit to Hennessey + Ingalls, Los Angeles bookstores: Kellogg/“Michael Jackson, the bookworm,” supplemented by Tohme, Mesereau (another book collector). “Last Supper” painting: viewable on web; best quality: debbieschlussel.com. “Same things over and over”: Taraborrelli. Reading habits, omnivorous curiosity: Bob Sanger, one of MJ’s many attorneys, to LA Weekly (possibly the catalyst for Kellogg’s story). Watching operations at UCLA, fascination shared with Brando for scientific/technological breakthroughs: AS2, CS1, Wiesner. “Glancing over some Sufi poetry”: Chopra/“Tribute to My Friend.” MJ–Gregory Peck relationship: Haney/Gregory Peck (incl. first meeting, conversation about To Kill a Mockingbird, horseback rides); Peck bio/imdb.com (incl. MJ late entrance at Peck’s funeral); “Gregory Peck and Michael” file/michaeljackson.com (placed there at MJ’s request, including Pecks naming dog Blanket). My manager Jeanne Field was at one time married to Gregory Peck’s son Steve and we did discuss the Peck family (about which she had absolutely nothing negative to say), including Veronique. Letter of support of MJ: mjfanclub.net.