Untouchable

by Randall Sullivan

  Michael Amir Williams (Brother Michael) attempts to expose Tohme/Tohme retorts: Brother Michael via Sanders, Tohme. MJ pleased with Tohme deals: CS2 (CS2 was no fan of Tohme and felt he deserved credit for some of those deals), Hawk, Jeff Cannon. Julien Auctions imbroglio causing end of MJ-Tohme relationship: nearly everyone I spoke to; CS2, though, said it was also due to Tohme’s involvement in raising the number of O2 concerts to fifty. “Priceless and irreplaceable,” other MJ quotes re. Julien lawsuit: initial court filing. Hawk re. Julien: Hawk. “Like Disneyland collides with the Louvre”: Julien in Hoffman/Rolling Stone, probably from Julien’s promotional materials. Julien’s demands: lawsuit filings, Tohme, Hawk, CS2. Tohme sending James Weller to Julien: Tohme, who described Weller as “a complete gentleman” who would never threaten anyone. Weller background: résumé/TRW site, Raine/San Francisco Chronicle. Julien on Weller meeting, including location, Weller denial: Julien affidavit and Weller declaration/court file. Friedman evisceration of Tohme: Friedman, March 16 and 24, 2009. Tohme will no doubt be unhappy with me for accepting Friedman’s account of their conversations, but I think his story holds up in this instance. I have seen Tohme’s Senegalese passport, signed by Abdoulaye Wade, with a notation in the president-for-life’s handwriting identifying him as the country’s “Ambassador at Large.” Allocco on MJ reaction: Allocco to muzikfactorytwo. Julien-MJ face-off: Smith/Wall Street Journal, Villarreal/LA Times (incl. “where he got the money”), Friedman. Money from Lockbox: confidential source; I think but can’t confirm that specific payment may have been out of the advance promised to MJ by AEG. Allocco-KJ April 2 conversation, Sportsmen’s Lodge meeting: Allocco to muzikfactorytwo. Rowe authorization letter: via two sources who have copies; Allocco described MJ signing it to muzikfactorytwo. “Notice of Revocation of Power of Attorney”: review of document; Tohme’s denial of receipt: Tohme. Dileo/partner Citadel agreement: review of document. The one excellent account of all this is in the three Yazmeen articles listed below. “Orchestrated a conference call”: Phillips e-mail to Ian Courtney; Phillips’s acknowledgement of Dileo’s promise of movie money via Arfaq Hussain is among the few helpful pieces of information I got from him. Dileo as a fringe player: Phillips dismissal of connection to Dileo, response to AllGood cease and desist. Phillips’s changing attitude toward Dileo/agreement with Rowe: Allocco to muzikfactorytwo, Tohme, Hawk confidential sources. I know that the attorneys representing Katherine Jackson in the AEG lawsuit have asked whether Randy Phillips and AEG hired Dileo without MJ’s permission. April 22 letter purportedly signed by MJ: review of document; letter written by Dileo: Dileo to Van Exel; details/Phillips reaction confirmed by confidential sources (plus Allocco). Phillips e-mail to Tohme terminating “tour manager” duties: document. Allocco on Phillips-Dileo relationship (“wasn’t able to control Michael”): Allocco to muzikfactorytwo; his account confirms those of Tohme, Hawk, CS2, and even Leonard Rowe. “Neverland is finished”: Tohme to Smith/WSJ (“Michael Jackson auction is cancelled”). “Veritable city,” “ten times bigger than Graceland”: Deutsch/AP; this was shortly after MJ’s death, but two confidential sources close to the situation in the spring of 2009 told me that Tohme was talking about saving Neverland in May, because, they believed, he was trying to impress MJ. As above, all Tohme quotes are from our interviews except where otherwise noted. Arfaq Hussain investigative report: quotes from the document. Tohme on film-industry inroads on MJ’s behalf: Tohme, confirmed by contracts, documents, and e-mails he showed me; Randy Phillips has confirmed, in the Ian Courtney e-mail among other places, that the renewal of Dileo relationship was due to the imagined access to the motion picture fund. “Stopped all contact”: Allocco to muzikfactorytwo. “Protecting Michael Jackson”: Tohme, but similarly stated in (spring/summer 2009) interviews. “Michael had always done best”: confidential source. John Landis lawsuit: court file, Gumbel; Landis quotes: as indicated. Ola Ray lawsuit (and current circumstances): Daily News, TMZ; Tohme and I also discussed it. MJ personal reaction to lawsuits: Tohme, Mesereau, others. Hurling cell phone through window: bodyguards to ABC. “Same thousand parasites”: Barrack in “Deep pockets”/LA Times. Raymone Bain lawsuit: TMZ May 6, Friedman May 7; “Raymone Bain was not at a single one of the meetings”: confidential source. Bain’s position: court file, Mesereau, sources present when she spoke about it to Katherine Jackson, with whom Bain remains on good terms. MJ call to Terry George: George to Owens/Daily Mirror (see Chapter 10 notes); also, Cole, Sky News (see Chapter 10 notes); I also discussed the relationship between George and MJ with an MJ attorney who did not want to be quoted about it. “Dying right in front of everyone”: Mesereau.

  COURT FILES

  Criminal

  SA073164 (Los Angeles Superior Court) The People of the State of California v. Conrad Robert Murray, February 8, 2010 (hereafter cited as LASC SA073164).

  Criminal Investigation

  09MJ1897 (United States District Court for the Central District of California, Western Division) “Warrant for Inspection” In the Matter of A&M Gross dba Mickey Fine Pharmacy, 433 North Roxbury Drive, Beverly Hills, California 90210, August 21, 2009 (hereafter cited as USDC-CA 09MJ51897).

  Civil

  SC101420 (Los Angeles Superior Court) Levitsky Productions, Inc. (John Landis) v. Optimum Productions and Michael Jackson, January 21, 2009.

  BC408913 (Los Angeles Superior Court) MJJ Productions, Inc. v. Julien’s Auction House, LLC, and Darren Julien, March 4, 2009.

  LASC BP117321 11/10/09.

  CV10 4734 (United States District Court for the Central District of California) Joseph Jackson v. Conrad Murray, Acres Home Heart and Vascular Associates and GCA Holdings, June 25, 2010 (hereafter cited as USDC-CA CV10 4734).

  2:11-ap-02407-RN (United States Bankruptcy Court, Central District of California) Arnold W. Klein, M.D. v. Muhammed Khilji and Jason Roger Pfeiffer, June 27, 2011 (hereafter cited as 2:11-ap-02407-RN 6/27/11).

  2:11-ap-02407-RN (United States Bankruptcy Court, Central District of California) Jason Roger Pfieffer’s Counterclaim Against Plaintiff and Defendant Arnold W. Klein, August 3, 2011 (hereafter cited as 2:11-ap-02407-RN 8/3/11).

  LASC BP117321 2/17/12.

  DOCUMENTS

  “Criminal and Civil Case History: Tohme R. Tohme.” Star Investigations, Santa Clarita California, Rick R. Hippach, chief investigator. October 2008.

  “Binder Agreement” 11/21/08.

  “Letter of Intent” 1/26/09.

  “Promissory Note” 1/26/09.

  “Full Background Enquiry of Arfaq Hussein in London.” Private investigator’s report to Tohme Tohme. April 2009.

  Phillips to Courtney, 4/1/09.

  “Binder Agreement” between Frank Dileo and Citadel Entertainment to promote a Michael Jackson concert in Trinidad and Tobago. April 1, 2009.

  Notice of Revocation of Power of Attorney to Dr. Tohme R. Tohme by Michael J. Jackson, notarized by Rebecca Lopez. April 14, 2009.

  Letter (apparently signed by Michael Jackson) informing AEG that Tohme Tohme will not serve as production manager on the “This Is It” tour. April 22, 2009.

  E-mail from Randy Phillips to Tohme Tohme informing Tohme that Michael Jackson does not want him to serve as manager on the “This Is It” tour. April 25, 2009.

  Letter (apparently signed by Michael Jackson) appointing Frank Dileo as “one of [my] representatives and tour manager.” May 2, 2009.

  Michael Jackson “To Whom It May Concern Letter” regarding Dr. Tohme R. Tohme. May 5, 2009.

  Phillips to Sullivan, 4/4/11.

  Williams to Sanders, 11/3/11.

  MJ SEPARATION FROM TOHME/JULIEN AUCTIONS

  Deutsch, “Mysterious Advisor” 7/4/09.

  Friedman, Roger. “Claim: Jacko’s Rep Threatened Harm from Nation of Islam.” Fox News, March 24, 2009 (I).

  ———. “Jacko’s Mystery Manager Revealed.” Fox News, March 16, 2009 (I).

  “James R. Weller, Worldwide Creative Director.” trw—adv.com (I).

  Rai
ne, George. “Creating Reagan’s Image / S.F. Ad Man Riney Helped Secure Him a Second Term.” San Francisco Chronicle, June 9, 2004.

  Smith, Ethan. “Michael Jackson Auction Is Canceled.” Wall Street Journal, April 15, 2009.

  Villarreal, Yvonne. “Michael Jackson auction canceled.” Los Angeles Times, April 15, 2009.

  Yazmenn, “Allocco.”

  Yazmeen. “Did Michael Hire Leonard Rowe as His Manager?” muzikfactorytwo.blogspot.com, February 22, 2011 (I).

  ———. “Dileo.”

  MJ AND ARNOLD KLEIN

  Dimond, Diane. “The Secret World of Arnold Klein.” Daily Beast, August 25, 2011 (I) (hereafter cited as Dimond, “Secret World”).

  “Delivery Guy at Mickey Fine Pharmacy Interviewed About Michael Jackson, Dr. Klein Spotted Leaving in Rolls-Royce.” X17video.com, June 30, 2009 (I).

  “Interview with Paul Gohranson.” Radaronline.com, July 15, 2009 (I).

  McConnell, Donna. “Michael Jackson Visits Doctors for Third Time in a Week as Fan Backlash Begins over Concert Cancellations.” Daily Mail, May 22, 2009 (hereafter cited as McConnell, “Doctors”).

  Posner, Gerald. “Jackson Doc.”

  ———. “Jackson Doctor Subpoenaed.” Daily Beast, July 9, 2009 (I).

  ———. “Jackson’s Final Panic.” Daily Beast, June 30, 2009 (I).

  ———. “Jackson’s Needle Problem.” Daily Beast, July 8, 2009 (I).

  Ryan, Harriet. “Troubles Mount for Michael Jackson Doctor.” Los Angeles Times, January 1, 2012.

  Seal, “Doctor Will Sue.”

  PREPARATION FOR “THIS IS IT”

  Dobuzinskis, Alex. “The Hulk Trains Michael Jackson Ahead of London Concerts.” Reuters, June 19, 2009.

  “Extra Michael Jackson O2 Arena Tickets Made Available.” NME, June 23, 2009.

  Gottlieb, Jed. “Guitarist Orianthi Panagaris Gets Screen Time in ‘This Is It.’” Boston Herald, October 23, 2009.

  “Lou Ferrigno Training Michael Jackson for Tour.” People, June 18, 2009.

  “The Michael Jackson Band.” michaeljackson.com (I).

  “Michael Jackson Enlists High School Musical Director for London O2 Shows.” NME, May 12, 2009.

  “This Is It: Jacko Picks Comeback Gig Dancers.” Sky News, May 19, 2009 (RT).

  Van Susteren, Greta. “Personal Trainer Ferrigno in ‘Shock’ over Allegations About Jackson’s Health.” Fox News, July 2, 2009 (RT).

  DRUGS/INSOMNIA/PROPOFOL

  Elber, Lynn. “AP Exclusive: Michael Jackson, Bedeviled by Insomnia, Begged for Drug, Says Nurse-Nutritionist.” Associated Press, June 30, 2009.

  “Michael Jackson: Do You Want Fries with That?” TMZ, February 14, 2011 (I) (hereafter cited as “Do You Want Fries?”).

  “Drug-Ravaged Legs.”

  Van Exel, “Dileo.”

  LEGAL TANGLES/TERRY GEORGE

  Dillon, Nancy. “Gloves Are Off! ‘Thriller’ Co-Star Ola Ray Sues Michael Jackson for Royalties.” New York Daily News, May 6, 2009.

  Friedman, Roger. “Jacko Sued by Manager Who Made Him Millions.” Showbiz411.com, May 7, 2009 (I).

  Gumbel, Andrew. “John Landis Slaps Singer with ‘Thriller’ Lawsuit.” Thewrap.com, January 27, 2009 (I).

  “Terry George.”

  Lee, “Landis.”

  “Michael Jackson Estate Settles War with Thriller ‘Date.’” TMZ, May 10, 2010 (I).

  “Michael Jackson Sued by Former Flack.” TMZ, May 6, 2009 (I).

  Netter, Sarah. “Michael Jackson Bodyguards Speak on Protecting the King of Pop.” abcnews.go.com, March 8, 2010 (I).

  CHAPTER 19

  MJ’s circumstances at time of Neverland raid/arrest: Schaffel, Wiesner; they and Stuart Backerman were the people most involved in his life/career then. Timing of raid: Tom Sneddon denied back then (in response to an accusation from Backerman) that he had deliberately timed it to ruin the release of Number Ones (Broder/New York Times); subsequent revelations suggested that Sneddon was, indeed, aware of the record’s release. Schaffel, Wiesner, and Tom Mesereau all said they were certain the prosecutor intentionally dampened the release of Number Ones, and that MJ was absolutely certain of it. Sneddon had retired by the time I began work on this book and his chief assistant, who was in many senses the lead prosecutor on the case, Ron Zonen, declined to speak to me. I have his thoughts and comments only because of the Frozen in Time DVD. Las Vegas/CBS special: Schaffel, Wiesner. (A CBS press release the day of the raid announced that the special had been cancelled “given the gravity of the charges against Mr. Jackson.”)

  Geragos reputation in Los Angeles: my brother Brady, a criminal defense attorney in LA; a number of other attorneys, including Tom Mesereau, who had a lot to say about the Peterson case. Geragos’s failures in the Winona Ryder, Gary Condit, and Scott Peterson cases were all very public. Ann Coulter wrote a devastating assessment of Geragos’s ability to fail upward (“We’re the Lose-Lose People!”) that encompassed the Ryder, Condit, and Peterson cases; Mesereau and a number of other attorneys who did not want to be quoted by name said the same sorts of things. Also, Susman/Entertainment Weekly on Ryder, Nieves/New York Times on Condit’s election loss. Geragos can rightly point out that I didn’t note his earlier victory in another high-profile case, the one against Susan McDougal.

  60 Minutes appearance a disaster for MJ: Mesereau, Orth/Vanity Fair. Exaggeration of “abuse” by sheriff’s deputies: the audiotape, Branigin/Washington Post (the reporter was at the station when MJ arrived and until his departure). Cooperation with Nation of Islam a mistake: Mesereau, Schaffel, Wiesner, Backerman to Vancouver Sun. I should note, though, that it wasn’t Geragos’s idea to bring the NOI in—that came from Jermaine Jackson. Alienation from Schaffel/Malnik costing MJ: my own conclusion. “So beautiful it will make you catatonic”: Ratner in Orth/“CSI Neverland”/Vanity Fair (see Chapter 5 notes); Malnik has acknowledged Ratner introduced him to MJ in his remembrance (almalnik.com). Description of house: Schaffel, page2live.com, homesoftherich.com. Malnik declined to speak with me, mainly because, as I understand it, he did not want to answer any questions about MJ’s 2003 will. He did communicate with me a bit through Schaffel, though, and made it clear that he appreciated my effort to hear his side of things. In the end, I found that the lengthy recollection of MJ he posted on his Web site gave me everything I needed—except an answer to what happened to that will. Malnik background/alleged “mob connections”: Bob Norman/New Times, Orth/“CSI Neverland” article (see Chapter 5 notes). Malnik on meeting/relationship with MJ and MJ’s finances: Web site remembrance (incl. all quotes); I also read Malnik’s deposition in the Marcel Avram case; see also Malnik to Vieira. All Schaffel quotes except as indicated are from our interviews. Malnik posting MJ’s bail: Schaffel, Wiesner, Mesereau, who told me in that order; Friedman reported it at the time. Malnik/MJ’s imagined conspiracy: MJ via Schaffel, Mesereau; KJ, who still believes it to be true. Jesse Jackson’s role in this part of MJ’s life: Mesereau. “Who was forcing the bank’s hand”: Guardian/“Michael Jackson’s bad fortune.”

  Farrakhan/“Hollywood Jews”: Schaffel and, especially, Wiesner; Backerman on Farrakhan reaction to his being Jewish: Backerman to Vancouver Sun. “Female-acting, sissified”: Los Angeles Herald-Examiner, 1984. Geragos dropped because distracted by Peterson case: MJ in contemporaneous accounts; see Waxman/New York Times. Johnnie Cochran as person most responsible for decision to settle Chandler case: Schaffel, Wiesner, multiple off-record sources. Cochran/“I’d want Tom Mesereau”: Randy Jackson via Mesereau. I understand some might say Mesereau is burnishing his own legend, but as I’ve noted earlier I consider him the most reliable source I have. Mesereau background: allamericanspeaks.com bio, USA Today profile published immediately after MJ’s acquittal, and more than two dozen conversations. Robert Blake–Bonnie Lee Bakley case: Mesereau, Tru TV’s “crime library.” Description of how Mesereau left that case: primarily, Tru TV; of course, I noted what Mesereau said on that subject. Mesereau/Randy Jackson conversations,
taking up MJ case, assessment of Santa Maria and strategy: Mesereau; all quotes from Mesereau were from interviews except where indicated. Douglas backing Mesereau: Douglas/“Frozen In Time.” Difficulties Mesereau faced, Raymone Bain: Mesereau. XtraJet: facts from LA Times, plus Mesereau on how episode fed MJ’s paranoia. Sneddon background: trial coverage, esp. Matt Taibbi/Rolling Stone. I don’t think anyone disputes that “D.S.” is about Sneddon—the prosecutor made jokes about this during the trial. “Open but inactive”: Sneddon statement released immediately after Bashir documentary aired in UK (see CNN’s “Jackson tries ‘shooting the messenger’ British TV network says” story below). Sneddon/Garcetti and “Michael Jackson Law”: Mesereau; it was discussed at “Frozen in Time,” and though that is not the formal title of the law, everyone referred to it that way. Garcetti and Sneddon were already working on this new law when they issued their “Statement of Declination” in the Chandler case in September of 1994. Sneddon’s office taping Bashir’s documentary: same statement (above/“Shooting the messenger”/CNN); the full text is available on various MJ-related Web sites, including mjjr.net. Neither Sneddon nor anyone from his office has admitted leaking Jordie Chandler’s deposition. However, see CNN’s story below on the apology over his press conference remarks that Sneddon was compelled to offer.