‘It’s awfully sad’, the first twin said cheerfully. ‘I don’t see how it can have a happy ending,’ said the second twin.
J.M. Barrie, Peter Pan
At the beginning of 2009, thanks to the efforts of Tom Barrack in restructuring Jackson’s finances, and AEG Live working towards the comeback concerts, the prospect of Michael Jackson eventually being able to stand on his own two feet again financially was looking a distinct possibility.
Two weeks after the meeting with representatives of AEG Live in Las Vegas, Jackson agreed to return to Los Angeles to begin work on the forthcoming O2 shows. Staying in a suite at the Hotel Bel Air, arranged for him by Tohme Tohme, Jackson commenced work on the show behind closed doors to start proving to himself, and the world, that he was still the King of Pop. By coincidence, an album of that name, released by Sony on Jackson’s fiftieth birthday, had reached the top of the charts everywhere that it had been released.1 It seemed that, globally, there was still an appetite for Michael Jackson’s music and, for AEG Live and their forthcoming concerts in London, this was just the reaction they wanted.
In an effort to provide anything that was needed to ensure Jackson was primed for the comeback, AEG agreed to move the singer out of the Hotel Bel Air and rent him and his children a $100,000 a month house, once owned by Sir Sean Connery, in the exclusive neighbourhood of Holmby Hills. Built in 2000, the property at 100 North Carolwood Drive was an elegant and sophisticated French chateau estate with seven bedrooms, 13 bathrooms and more than one acre of lush grounds surrounding it. Inside, the walls were lined with various nineteenth-century watercolours, while the floors were covered with oriental rugs, and the various nooks and crannies were stuffed with Asian ceramics and sculptures. The $100,000 per month rent, being paid by AEG as part of an advance, was set against Jackson’s earnings from the forthcoming O2 concerts.
At the end of January 2009, Jackson signed the initial contract with AEG Live, LLC2 for the London concerts. By signing the contract, Jackson accepted $6.2 million from AEG and a further Letter of Credit for $15 million, to help him purchase a home in Las Vegas,3 on the basis that he would perform 10 concerts at the O2. Of the $6.2 million, $3 million immediately went to Two Seas Records, the record company owned by Sheikh Abdullah who had sued Jackson for reneging on his recording deal, and $1.2 million was an advance to cover the rental of his Carolwood home. If Jackson didn’t fulfil his contract, a clause stated that the singer would forego to AEG every asset he owned, including the prized Sony/ATV catalogue.
However, Jackson unwittingly failed to notice that the contract wasn’t for 10 shows, as he had thought, and which had previously been discussed and agreed over a handshake with AEG owner Philip Anschutz. So when the singer actually signed the contract on 26 January 2009, he had either not read the document thoroughly or had not had his attention brought to Clause 3 of the contract which stated quite clearly that: ‘Artistico4 hereby pre-approves up to thirty-one (31) Shows, or such other greater number as agreed by Artistico and Promoter, at the O2 Arena in London, England between July 26 and September 30, 2009.’5
It seems strange that there appears so much confusion about the number of concerts Jackson was agreeing to perform in London. Is it conceivable that Dr Tohme Tohme, Jackson’s self-appointed business manager, failed to alert the singer to this major discrepancy of a contract for 31 shows, when he had only agreed to do 10? Can we really believe that Randy Phillips, of AEG, didn’t highlight to Jackson the increased number of shows in the contract, significantly different to what had been previously discussed and agreed with a handshake? In an article in the Daily Mail, author and journalist Randall Sullivan claims that, ‘AEG prepared plans to at least double the number of O2 concerts. When Jackson found out, he burst into a tearful rage, insisting ten shows were all that he had agreed.’6 Even before the initial shows were announced in London, the AEG President and CEO, Tim Leiweke, stated that Jackson would probably do more: ‘We’ll announce 10 shows. I think you’ll see 20, 25 dates at the O2. His production budget is … Wow…’ Leiweke told an audience at the Billboard Music & Money Symposium at the St Regis Hotel in New York City on 5 March 2009.7 Jackson’s former business and financial overseer, Leonard Rowe suggested he had spoken to Michael about the increase from 10 to 31 shows and wrote, ‘In fact, Michael told me personally that he only originally agreed to do ten shows but, evidently, contractually this number was increased to thirty-one.’8
Perhaps the reason Jackson signed the document was that, on closer inspection, it appears the contract wasn’t a contract at all, but a Letter of Intent, and the document is signed ‘Very truly yours’ by AEG Live’s President and CEO Brandon K. Phillips,9 a style of signing off more associated with a letter than a contract perhaps. Moreover, the document certainly wasn’t a final agreement as on the final page it explicitly states, ‘By signing below each party acknowledges its agreement to the foregoing and agrees to negotiate the definitive agreement expeditiously and in good faith’.10 Maybe Jackson was aware that this was not a final agreement by any means and simply wanted to get the ball rolling so the initial advance could be paid to him as quickly as possible.
One other item in the document that the singer failed to notice or amend was that the document was not addressed to him, but to Dr Tohme Tohme, a man whose position in relation to Jackson was yet to be formally established. Throughout the document, all references to decision making in the future about the concerts, the schedules, the finances and the rewards, state that any discussions will be between AEG and The Michael Jackson Company, LLC (‘Artistico’ in the contract).11 This, effectively, takes Jackson out of any decision-making process and means that Dr Tohme Tohme could be construed as the sole representative of Jackson’s company and, therefore by default, of Jackson himself. It might be that the singer was anticipating renegotiating or amending this document with the help of Tohme Tohme prior to it becoming the final contract and such negotiations may have included increasing or decreasing the number of concerts to be performed at the O2.
Whatever the document actually was, one thing was certain: by signing it – and Clause 16.9 of the document deemed that ‘… facsimile copies of photocopies of signatures shall be as valid as originals’12 – the singer was tying himself into a deal that would benefit virtually everybody except himself. The document appears to indicate that the ‘Production Costs’ of the show would be covered by Michael Jackson. These would include, as laid out in the document under Clause 8, ‘Production Costs’:
… sound and lights, rigging motors, staging elements, video, pyrotechnics, photos and bios of Artist, televised broadcasts, the cost of all musical instruments as well as the cost of transporting, storing and insuring them, personnel costs for the tour Party (including transportation, feed and accommodation), salaries, wages, per diems, payroll taxes and expenses, union dues and other labour costs and benefits of musicians and dancers and other non-management members of the tour Party, obtaining cancellation insurance, and the actual costs of Artist-related management and staffing including the services of Dr Tohme Tohme, which should not exceed $100,000 per month.
In addition, Jackson would also be liable for:
… the costs of travel and transportation including trucking, bussing and freight and local ground and show transportation for the tour Party, tour design fees and tour creative art, visa & immigration costs for the tour Party and all such other costs for which an artist (or its furnishing company) is customarily responsible including, without limitation, adequate worker’s compensation and liability and other insurance.
Finally, Clause 8(i) once again stated that: ‘cancellation insurance, if available and mutually approved, to cover the risk of loss of Artistico’s profits and Production Costs in an amount which, at a minimum, is equivalent to or exceeds any unrecouped portion of the Advances and costs relating to naming Promoter as a loss payee on such insurance.’13
This insurance required within Clause 8(i) of the document appears to indicate that AEG Live were concerned about Michael’s ability to sell enough tickets to cover the costs of the production as well as making a profit. Consequently, this insurance would place all the risk on Jackson as any insurance payments from this policy, should the shows fail to recoup its investment and make a profit, would go directly to the Promoter, in this case AEG Live (or Concert West as they were also trading as).
The document also stated that: ‘Artist shall approve and reasonably co-operate in Promoter’s acquisition of life-insurance, non-performance, cancellation and other insurance, subject to reasonable confidentiality restrictions.’14 The clause goes on to state, ‘Artistico hereby represents and warrants that Artist does not possess any known health conditions, injuries or ailments that would reasonably be expected to interfere with Artist’s first class performance at each of the Shows during the Term.’15
Whilst it is only natural that any promoter would want to take out both life insurance and cancellation to cover the artist and their own investment, Jackson’s health was already questionable and the rumours about his continued dependency on drugs were circulating everywhere. In December 2008, author Ian Halperin16 disclosed to the world that Michael Jackson had only six months to live owing to emphysema and chronic gastrointestinal bleeding. He claimed a source close to the singer said Jackson: ‘… wants to have the lung transplant but because of other illnesses he’s fighting, he’s too weak to undergo such a major procedure. He’s taking one painkiller after another.’ In an interview with journalist Daphne Barak in June 2009, the nanny to Jackson’s children, Grace Rwaramba, recalled his drug abuse by disclosing that she had to frequently pump his stomach after he had taken dangerous cocktails of prescription drugs. She claims she had even asked the singer’s mother, Katherine, and his sister, Janet, to intervene to help Jackson face his addiction to painkillers.17
With AEG Live in line to receive all insurance payments should the shows be cancelled and all production costs being paid for by Jackson before he would get any ‘artist’s compensation’ from the ‘net pool revenue’, it appears AEG Live were undertaking no risks in putting on this series of concerts, yet were to gain huge financial rewards whether the concerts went ahead or not.
At the bottom of all this was the fact that if Michael defaulted on his promissory note, signed as an addendum to the document on 26 January, which stipulated the $6.2 million advance would have to be repaid to AEG Live – and given his poor health and drug addiction it seemed almost inconceivable that Jackson wouldn’t default – then AEG potentially stood to gain the entire Michael Jackson catalogue, including his half of the Sony/ATV catalogue.
Five weeks after signing this document (whether it was a contract or an agreement) Jackson, accompanied by his children, flew to the UK, still in the belief that he was going to perform 10 shows at the O2 Arena. They stayed at the Lanesborough Hotel in Knightsbridge, overlooking Hyde Park, and, with rumours of a major announcement in the offing, fans were already camping outside the hotel hoping to catch a glimpse of their idol.
On 5 March 2009, a press conference was scheduled at the O2 in London to announce the forthcoming Jackson shows. For Randy Phillips, it was a major relief that Jackson had actually turned up in London; he had been trying to contact the singer during the week before the trip but couldn’t get a response from Jackson. Testifying in court following Jackson’s death Phillips said about the trip to London, ‘… I was flying blind. I didn’t know what was happening in Jackson’s camp.’ Phillips could only get in touch with Jackson through the singer’s manager, Dr Tohme Tohme, but Jackson was now not talking to Tohme Tohme either, or returning any of his calls as he was furious that Tohme Tohme had decided to sell off some of Jackson’s belongings at auction to raise money.18
Completely in the dark, Phillips arrived at the Lanesborough Hotel on 5 March to accompany Jackson to the O2, and only then did he find out, first-hand, exactly what was happening in Jackson’s camp. It was in chaos. The singer, apparently drunk and despondent, was holed up in his hotel room and Phillips had to try to sober him up.19 Dr Tohme Tohme later referred to it as, ‘… a little issue’, continuing that, ‘… Michael got drunk’. There seemed little prospect that Jackson would be in a fit enough state to attend the press conference and, with time ticking and the O2 on the other side of London, Phillips was, in his own words, ‘… sweating bullets’.20
Fully aware of the significance and profile of the press conference, Phillips tried to talk to Jackson but the singer confided to him that he was concerned that nobody would turn up at the O2 and the whole event would be a disaster. Phillips began screaming at Jackson and slapped him21 and, together with Dr Tohme Tohme, they dressed Jackson ready to face the media – he couldn’t even fix his cufflinks unaided owing to the state he was in. Phillips would later say it was the scariest thing he had ever seen.22
There were 5,000 fans waiting for Jackson at the O2 together with nearly 400 members of the world’s press, but they were all unaware of the drama unfolding back at the hotel as Phillips struggled to cajole Jackson out of his room. Leaving the hotel, Jackson was seen to stumble and fall on the steps to the Ford SUV waiting outside to take him and his entourage to the O2.
As helicopters followed the convoy across London, another shock awaited Phillips inside the SUV when he realised that no script had been written for the press conference. Arriving at the O2 90 minutes late, Phillips hastily scribbled a brief script for Jackson to read off the teleprompter. Despite his drunken persona at the hotel, Jackson emerged, with aviator shades and a sparkly jacket, as well as a hunched gait, through the scarlet silk curtains at the O2 with a beaming smile across a face caked in make-up. A giant video screen above the stage relayed images as his fans screamed and shouted their love for him and cameras flashed away. Jackson seemed jittery and unsure what to do or say. Eventually, in a strange bass-like voice that was unlike the voice the public had heard from Jackson before, he spoke the words that Randy Phillips had recently scribbled during the journey in a brief four-minute appearance on stage:
I love you so much. Thank you all. This is it. I just want to say that these [sic] will be my final show performances in London. This will be it. When I say this is it, this really means this is it. Because, I’ll be performing the songs my fans want to hear. This is it. I mean, this is really it. This is the final curtain call. OK, I’ll see you in July. And I love you. I really do. You have to know that. I love you so much, really, from the bottom of my heart. This is it, and see you in July.
As Jackson left the stage, without fielding any questions from the press, the bemused host, Dermot O’Leary confirmed that there would be 10 concerts beginning on 8 July 2009 and announced tickets would go on sale on Friday, 13 March 2009.
With news of the impending concerts now official, the world began talking about Michael Jackson again. But while the excitement about the concerts spread throughout his fan base, particularly in the UK, there was also a theory circulating, especially across the internet, that the man who faced the press at the O2 wasn’t Michael Jackson at all, but an impersonator, or, perhaps worse, an imposter. Numerous sites began springing up rapidly with various theories and ‘photographic proof’ that a lookalike had stood in for Jackson at the O2. The various forums suggesting an impersonator pointed to the hunched walk, the deeper voice, the straightness of his teeth, the fact that the star’s chin was too square and even the differences in his left hand when compared to photos from a decade previously. Could it really have been a lookalike on the stage rather than the King of Pop? If this were true, it certainly wouldn’t have been the first time. It had been rumoured that Jackson used doubles to avoid paparazzi and even get access to prescription drugs. One instance took place on 17 October 1999, when the population of Barnstaple, a sleepy Devon town, was shocked to see Michael Jackson arrive in a stretch limousine to perform at an awards ceremony at the Queen’s Theatre for children. The 450 people in attendance were all happy to accept they had been in the presence of Jackson himself, despite his record company assuring the press that the singer had been in Los Angeles all week. To this day, many of those who were there on that cold North Devon day remain convinced that it was actually Michael Jackson they saw, rather than an imposter.23
Following the press conference, Michael Jackson took his two youngest children to London’s Drury Lane to see the theatre production of Oliver! His fears about nobody turning up at the O2 had been proved wrong, with a crowd of thousands attending to witness his press conference. Any further doubts he might have had about his popularity, in the UK at least, would have been thoroughly dispelled as he was also mobbed by adoring fans outside the theatre. At the show, Mark Lester, an old friend of Jackson’s, who had played Oliver in the original 1968 film, joined the singer and his family to watch the show.24
While in London, Jackson discovered that, without his knowing, Dr Tohme Tohme and Randy Phillips had discussed, and made a provisional arrangement for, additional concerts at the O2 if ticket demand was substantial enough. Jackson was still convinced he was only going to perform 10 shows and that would be it. To find out that this might be extended, without anybody discussing it with him, caused Jackson to threaten Tohme Tohme and Phillips with cancelling of the shows.25
At the outset, Randy Phillips had yet to be convinced about the drawing power of Jackson as a live performer. This was hardly surprising, given that Jackson hadn’t performed a major tour for 12 years, had suffered child sex abuse allegations and hadn’t released an album of fresh material since Invincible in 1991. But when AEG Live announced a ‘pre-sale’ window for tickets to the 10 concerts and 1 million people applied for this window within 24 hours, Phillips knew he was on to a winner and, with Tohme Tohme, planned to increase the number of concerts to 20.
When Michael discovered their plans he confronted them with his threat to pull out of the shows. However, Tohme Tohme was able to convince the singer that his finances were in such dire straits that he had to earn at least $100 million to avoid bankruptcy26 – and bankruptcy would mean losing his prized Sony/ATV catalogue. Backing down, Jackson agreed to perform the 20 shows and then, upon learning that Prince had performed 21 sell-out shows at the O2, Jackson demanded he outdo his rival by performing 31 shows.27 Strangely, 31 shows was the exact number written in the document that was signed by Michael Jackson on 26 January 2009, some six weeks earlier. By the time negotiations had finished, Jackson was committed to performing a staggering 50 shows at the O2,28 all of which sold out almost immediately, with expected returns of around $125 million when additional revenue sourcing was taken into consideration.
Part of the deal for undertaking these concerts was that Jackson would be provided with an estate near London to act as a temporary home during the concert run as well as having a personal trainer and a chef/nutritionist on hand and, most important of all, a personal physician needed to be hired to look after all aspects of Jackson’s health. In return, Jackson would be contracted to only appear onstage for stretches of no longer than 13 consecutive minutes and that lip-synching could be used if appropriate. Despite fans knowing or suspecting this, tickets for the sold-out concerts were soon going for thousands of dollars on various internet auction sites.
Nobody knew how much Jackson would make from the concerts. During the trial after his death, accounting expert Arthur Erk suggested Jackson could have made around $1.5 billion if he could perform 260 shows over three years,29 while AEG were content to suggest it would more likely be around $132 million from the O2 concerts alone. What Tohme Tohme envisioned was a lucrative residency in Las Vegas once Jackson had completed his UK concerts and, quite possibly, a world tour.
Returning to the USA from his press conference in London with such figures being bandied around in the press, Jackson found himself, once again, being surrounded by vultures all after the potential riches or the debts he owed them. Amongst them, naturally, was his family, who he’d been careful to keep at arm’s length, with the exception of his mother, for some time.
It was Michael’s father, Joe Jackson, who was one of many jockeying to get close to Michael and share the spoils of his potentially lucrative return. When he landed back in Los Angeles, the singer found a whole host of different managers purporting to represent him. Apart from his own team, led by Dr Tohme Tohme, there was a new group circling – AllGood Entertainment Inc. – and they threatened to scupper the entire O2 concert run.
AllGood Entertainment Inc. was founded in New Jersey in 2002 and describes itself on its website as, ‘… a promoter of live concert events which feature international acts ranging in ethnic diversity from rock acts, adult contemporary artists and comedians to Latin, R&B, Hip-Hop, Reggaeton and Old School artists.’ They had established a strong reputation for producing shows in the USA and the Caribbean with artists as diverse as Stevie Wonder, Sting, Bon Jovi and Julio Iglesias, amongst others.
Joe Jackson had been in talks with AllGood Entertainment Inc. towards the end of 2008 with a view to staging a lucrative Jackson Family Reunion Concert30 with Michael and all his performing brothers and sisters joining together on stage for a worldwide Pay Per View event which included, for Michael, the single biggest offer to an artist in the history of the concert business31 – $20 million for Michael alone and his family splitting another $20 million.32 Joe recommended Patrick Allocco, the principal partner of AllGood Entertainment Inc. should meet with Frank Dileo who was, according to Joe, now looking after the singer’s affairs.33
Following a meeting on 26 November 2008, Jackson’s old manager, Frank Dileo, accompanied by his business partner, Mark Lamicka,34 signed an agreement35 with AllGood Entertainment Inc.36 after Dileo claimed he represented Jackson and that he had had several phone calls with the singer who was supportive of the reunion concert.37 On 1 November 2008 however, Jackson had released a statement via his business advisor, Dr Tohme Tohme, which read, ‘My brothers and sisters have my full love and support, and we’ve certainly shared many great experiences. But at this time I have no plans to record or tour with them. I am now in the studio developing new and exciting projects that I look forward to sharing with my fans in concert soon.’38 Dileo failed to notify AllGood Entertainment Inc. of this statement and, consequently, was in position to earn a $550,000 retainer, plus commission, to secure Jackson and his family for the reunion concert.39
AllGood Entertainment Inc. started to get cold feet about the deal with Dileo when they discovered his business partner, Mark Lamicka, was facing legal action connected with defrauding a promoter.40 When Joe Jackson heard about this he struck up a partnership with Leonard Rowe who had been the promoter behind Michael’s Off The Wall tour in the late 1970s, as well as working with the likes of Barry White, Marvin Gaye and Kool & The Gang. But Rowe had a murky past, he had served two prison sentences for fraud and writing dud cheques,41 and been convicted for wire fraud as well as being arrested for possession of marijuana.42 In 2008 he was ordered to pay the singer R. Kelly $3.4 million after losing a lawsuit connected to booking fake concerts.43
On 1 January 2009, AllGood Entertainment Inc., who were keen to revive the deal for the reunion concert now that Dileo appeared to be out of the picture, contacted Rowe. The deal that was on the table now would see Jackson receive $15 million for his one performance and his brothers $1 million each.44 Rowe was all too aware of Michael’s reluctance to take part in the concert but realised that, perhaps, the way to get to him to agree, or at least consider it, was to involve his mother Katherine, the only member of the family the singer hadn’t cut himself off from.45 Rowe suggested that AllGood Entertainment Inc. pay Katherine $1 million and that such an offer might sway Michael Jackson.46 The only problem was, Rowe didn’t have direct access to Michael Jackson so he called Katherine Jackson and asked her to get Michael to call him, which he did the following evening. During that call, Rowe told Jackson of the incredible deal he had on the table and the singer suggested Rowe fly to Los Angeles to meet with Dr Tohme Tohme.47
In Los Angeles, Rowe presented the deal to Tohme Tohme but was told that Michael was currently involved in another deal that was near closure, a deal that might be worth up to $300 million for Jackson.48 Rumours had been circulating that AEG were negotiating with Jackson and Rowe assumed this must be the deal Tohme Tohme was referring to.49 AllGood Entertainment Inc. had heard similar50 but Frank Dileo, who was still marauding around Los Angeles claiming to be Michael Jackson’s manager, was telling anyone who would listen that the AEG London shows would never happen and that there was no deal with AEG.51
On 21 January 2009, however, AllGood Entertainment Inc. heard that Michael Jackson was committed to the AEG deal52 so arranged, hastily, to meet with Rowe and Katherine Jackson to explore how they could move forward. Katherine was concerned that Michael didn’t seem in any fit shape to undertake a run of shows53 and the AllGood Entertainment Inc. offer of one family reunion special, during which Michael would be contracted to only sing two songs with his brothers and appear on stage for 90 minutes in total, was extremely appealing.
By the time Patrick Allocco of AllGood Entertainment Inc. and Leonard Rowe managed to meet with Michael Jackson’s representatives on 12 February 2009 to discuss their plans for the singer, it was too late.54 Discovering for a fact that Michael had already signed up with AEG, AllGood decided to abandon the idea of a reunion show and instead focus on a Michael Jackson solo concert with ‘guest appearances’ from his brothers for a $30 million payout.55
Within the Jackson camp, Michael Amir Williams had now assumed a greater role and had the ear of the singer.56 Williams felt Dileo represented a better option for Jackson than Tohme Tohme as business advisor and so manipulated the situation to encourage Jackson to think that Tohme Tohme had served him poorly by manoeuvring Jackson into a position where he was being forced to do 50 shows in London against his will.57 At the same time, spurred on by the lure of a personal payout that had been increased to $2 million by AllGood Entertainment Inc., Katherine Jackson had managed to open the door to her son to Leonard Rowe and Joe Jackson.58 On 21 March 2009, Michael Jackson allegedly called Leonard Rowe, suggesting he come and work for the singer and stated that he was unaware what was happening with the AEG Live deal and that he had only agreed to do 10 shows in London, but was now faced with 50.59
On 25 March 2009, Michael finally met face-to-face with his father and Leonard Rowe to hear about their concert plans60 and Rowe introduced the notion that the singer should sign some form of agreement that he would present at a later date.61 One day later, Rowe met with Frank Dileo62 and a press release was issued from Champion Management saying that, ‘Michael Jackson, universally claimed as the King of Pop, today named Leonard Rowe, the legendary concert promoter from Atlanta, as his new Manager. Rowe succeeds Dr. Tohme Tohme.’63 On 14 April 2009, Leonard Rowe met with Michael Jackson at his Carolwood home.64 Already present was Joe Jackson, and in Rowe’s possession was the letter for Michael to sign. Addressed to Randy Phillips it began, ‘Dear Mr. Phillips, Please be advised that effective from the date of this letter,65 Mr. Leonard Rowe is my authorized representative in matters concerning my endeavours in the entertainment industry.’66
Bizarrely, around the same time, Frank Dileo, perhaps hedging his bets, laid claim to a letter allegedly composed and signed by Michael Jackson, stating that he was Jackson’s sole manager and representative.67 Not only was Dr Tohme Tohme now out of the picture, but Dileo’s claims caused a significant rift between Rowe and Dileo, with Dileo’s loyalty appearing aligned to AEG and not the singer. This may have been confirmed in Rowe’s mind when Dileo subsequently managed to convince AEG Live that he alone could negotiate successfully with Michael Jackson and ensure that the London shows happened.68 On 25 May 2009, Michael Jackson wrote a letter to Leonard Rowe that renounced any business agreement the two of them had had and, effectively, stopped in its tracks any possibility of a Jackson reunion show.69 Responding to this, AllGood Entertainment Inc. filed a lawsuit against Jackson and Dileo for $40 million, claiming they had agreed to the reunion concert and that the agreement to perform at the O2 had been a breach of contract on Jackson’s and Dileo’s part.70 There was confusion all round, and the only certain fact was that the AllGood deal to stage a concert with Michael Jackson in Texas in whatever capacity was dead in the water.
The AEG Live concerts in London seemed more definite however, and as they loomed on the horizon, it wasn’t entirely clear who was representing Michael Jackson in any of his affairs71 despite the fact that with the apparent contract signed, the ‘This Is It’ concert run would begin on 8 July 2009 at the O2. There wasn’t much in Jackson’s life at that point that was constant, except, perhaps, his financial turmoil.
Meanwhile, lurking in the darkness, there was a secret that Jackson had continuously refused to acknowledge publicly, and it was a secret that he was growing increasingly dependent on as the countdown to London continued. Since his accident filming the Pepsi commercial in 1984, Jackson had become exposed to prescription medicine and had become more and more dependent on these drugs, to a point of chronic addiction. He had first been prescribed painkillers following the 1984 accident. The initial prescription to Jackson after the accident was routine and was nothing unusual, but the singer was in such constant pain over the coming years for a wide variety of ailments that he continually resorted to these drugs, which, ultimately, resulted in an addiction.
Desperate to be seen as the clean-cut and pure King of Pop, Jackson had always shied away from drugs, despite being exposed to them from an early age in the clubs, bars and strip joints that he used to perform in with his brothers as The Jackson 5. In his autobiography, Moonwalk, released four years after the Pepsi incident, Jackson describes how he has never taken drugs:
I myself have never tried drugs — no marijuana, no cocaine, nothing. I mean, I haven’t even tried these things. Forget it. This isn’t to say we were never tempted. We were musicians doing business during an era when drug use was common. I don’t mean to be judgmental — it’s not even a moral issue for me — but I’ve seen drugs destroy too many lives to think they’re anything to fool with.
But analysis of the medical records compiled during Jackson’s stay in hospital72 shows that he was prescribed Darvocet-N, an oral analgesia, for what was described as ‘… control of moderate to severe pain’.
Darvocet-N was withdrawn from the USA market in November 2010, some six years after it was banned in the UK. A report found the drug put patients at risk of abnormal or even fatal heart rhythm abnormalities, but this news was too late for 2,000 or more people in America alone who had already died from side effects of taking Darvocet-N. The drug was also known to be ‘habit-forming’.73
In addition, the medical notes show that Jackson74 was already taking Plaquenil and Atabrine and had had nasal surgery – a rhinoplasty after breaking his nose. Plaquenil and Atabrine, both previously prescribed to the singer, were used to treat Lupus Erythematosus, an autoimmune condition that causes joint pain, skin rashes, swelling and rheumatoid arthritis, from which Jackson was suffering.
Neither Plaquenil nor Atabrine are addictive, but Darvocet-N most certainly is, and during his first night in hospital, Jackson was prescribed Darvocet-N every three hours. This was, primarily, to control the pain from the burns. Dr Hoefflin’s report (he was the doctor who treated him initially for burns) stated that Jackson was admitted in a ‘quite shaken-up state’. He goes on to record that Jackson ‘… had a burn the size of a palm over the apex of the scalp, there was surrounding singed burned hair, he had a central 25-to 50-cent piece area of deeper burn’. Jackson was admitted overnight and, although being advised to stay in hospital for a few days the next morning, he asked to be discharged so he could rest more comfortably at home. The final paragraph of the report, after the doctors had agreed to Jackson being discharged early, states that he will be sent home on ‘Percocet 1 every 3 hours prn or Darvocet-N 100mg 1 to 2 every 3 hours prn’.75
Twenty-five years after this accident and his first exposure to prescribed painkillers – a prescription given in the best of faith and with Jackson’s medical recovery solely in mind – it was found that Jackson had been a long-term user and abuser of drugs, specifically painkillers. He had managed to keep this addiction hidden from all but those closest to him over the years. However, in 2009, the singer’s chronic dependency on these painkillers was to reach a tragic conclusion.
Throughout his adult life, the health of Jackson and his ever-changing appearance had aroused significant interest in the world’s media. His first exposure to plastic, and then later cosmetic, surgery was in 1979 after he had broken his nose whilst performing a complex dance routine. By 1986, Jackson had had four nose alterations and a cleft created in his chin but denied, in his autobiography, any work being done on his cheeks, eyes or lips.
In 1986, Jackson, as previously mentioned, also became a regular client of Dr Arnold Klein,76 a man described in the Beverly Hills Times Magazine as, ‘The most innovative & famous cosmetic dermatologist in the world’. He was also a man who claimed that Albert Einstein was his great-great-uncle.77 Dr Klein was known as the father of modern cosmetic dermatology and prided himself on the innovative injection techniques he developed for the cosmetic use of Botox, Collagen and Restylane. Following Jackson’s accident filming the Pepsi commercial in January 1984, Klein, having known Jackson for almost a year, spent the evening with Jackson in hospital, reassuring the singer and a bond between them developed (Klein, himself, was badly burned as a two-and-a-half-year-old child). For Dr Klein, the chance to be affiliated to Michael Jackson, the man he ‘adored’ according to another patient,78 was simply overpowering and for Jackson, Klein was to become his key to unlocking the door of prescription drugs, and this meeting, borne out of an accident, was life-changing for the both of them.
Dr Klein was soon to become one of Jackson’s chief physicians and was the central figure in treating Jackson’s skin conditions, such as vitiligo. He was also the physician who prescribed Benoquin to Jackson, a cream that bleached Jackson’s skin and a cream that Jackson even used to bleach his scrotum. Combined with this treatment for his skin, Klein also used the wrinkle-reducer Botox and the filler Restylane on Jackson, injecting them into his cheekbone, chin, nose and below his right eye. Later, towards the end of the singer’s life, Klein was also injecting Botox into the singer’s groin and armpits to reduce excessive sweating, and these particularly painful injections required Jackson to receive up to 300mg of Demerol after every injection. Demerol is a highly addictive opioid painkiller and, according to some within Jackson’s inner circle, he was addicted to Demerol as early as 1984.79 Back then, Jackson underwent long and painful treatment for the burns on his head, which involved inserting expanding balloons under his scalp in an attempt to stretch the skin, which would then be stitched over his injuries. In order to bear the excruciating pain of these operations, Dr Steven Hoefflin, in good faith and with the best of intentions, prescribed large doses of Demerol over a significant period. This reconstructive surgery was unsuccessful and, as a consequence, Dr Klein suggested Jackson fire Dr Steven Hoefflin, but by that point, the singer was probably already addicted to Demerol.80
Marc Schaffel81 was part of Jackson’s inner circle, being Jackson’s video producer, and in an interview with ABC News in 200982 said the singer had a 20-plus year addiction to Demerol and that he, along with others close to Jackson, was planning to stage an intervention to help Jackson break his dependence on drugs in 2003. This never happened, but his close friend, actress Elizabeth Taylor, had staged a similar intervention in 1993. On 12 November that year Jackson abruptly cut short his Dangerous tour in a move that even seemed to take some of his associates by surprise. Travelling at the behest of Taylor and her husband, Larry Fortensky, to London via Canada and Iceland, Jackson entered rehab in London for eight weeks. The aim was to treat him for his dependency on drugs, an already chronic addiction that had been exacerbated by the stress of the child molestation allegations he faced at the time.
But by the mid-1990s, Jackson was back on drugs and, by now, was not only using Demerol, but also the powerful anaesthetic drug Propofol.83 During tours in the 1990s, Jackson was struggling to sleep after each show. He would come off stage buzzing with adrenaline and began to rely on Demerol to wind down after the shows and to be able to sleep. But it was following another accident, this time in Munich, that Jackson moved on to Propofol. He had arrived in Munich on the afternoon of 27 June 1999 to headline two concerts at the Munich Olympic Stadium. During the first concert, as he was performing ‘Earth Song’, a crane that had risen from the stage to allow him to perform above the crowd, suddenly fell violently to hit the ground at rapid speed with Jackson on-board. Incredibly, Jackson managed to finish the song before collapsing in his dressing room, upon which he was rushed to hospital.84 After an examination, he spent the night in hospital under medical observation. But the impact of the drop caused Jackson significant pain in his back, which required more than Demerol to ease the pain and make him sleep. According to his then-wife, Debbie Rowe, Jackson’s Munich hotel room was transformed into something resembling a surgical suite.85
Dr Allan Metzger, one of Jackson’s physicians back in the USA, had been contacted by Jackson and Rowe following the Munich accident, and he put together a medical team in Germany to administer Propofol to the singer.86 This German medical team explained to Jackson the dangers of Propofol and the procedure of administering it. After an initial medical examination, they constantly monitored the singer while he was under the influence of Propofol. Debbie Rowe was particularly worried about the consequences of Jackson dying while taking the drug, but Jackson himself was more worried about not sleeping.87 Throughout this tour, Jackson’s friend, Frank Cascio, was travelling with the singer extensively and recalls paying the anaesthetist, who showed up two or three times a week, in cash.88 This anaesthetist would apparently stay with Jackson for up to four hours to monitor the Propofol administration, and revealed to Cascio how dangerous and risky the treatment was but, even then, Cascio refused to believe Jackson had a drug problem as he had grown accustomed to the singer being visited by doctors during times of stress.89
As well as Propofol and Demerol, Jackson was also addicted to Xanax and his relationship with Dr Klein allowed him the perfect avenue to gain the prescription drugs easily. One of Klein’s employees was a Certified Nurse Anaesthetist named David Fournier.90 He recalled an incident when Jackson, under sedation, stopped breathing during a procedure with Dr Klein in 2003 and that Fournier administered Propofol to Jackson 14 times between 2000 and 2003. Fournier’s professional relationship with Jackson ended in November 2003 when he refused to sedate Jackson on the suspicion that the singer was lying to him about his drug use.91
Jackson used aliases often to keep his medical treatment (and drug use) secret – names such as Omar Arnold, Paul Farance, Josephine Baker and Fernand Diaz, amongst others – and if he couldn’t get what he wanted from Klein, the singer had a host of other physicians he could get prescription drugs from.92
In 2009, Jackson was still seeing Dr Klein regularly for facial injections of Botox and other dermatological procedures and made 18 visits that are recorded to Klein between April and June 2009. Despite this, Jackson was seemingly unable to get Propofol from Dr Klein and he had begun to look for other sources of the drug.93
At the end of January, shortly after Michael Jackson had signed the ‘contract’ for the O2 concerts, Cherilyn Lee received a phone call from the singer’s Head of Security, Faheem Muhammad. Lee specialised in holistic nutritional health care and had been working as a practitioner since the 1970s, and Jackson was keen for her to see his children who had coughs and runny noses. Arriving at the house, she checked the lungs of all three children and set them up with Vitamin C powder. When they told their father that they felt much better, Jackson started talking with Lee, asking her what else she did. When Lee replied that she used holistic approaches to help people and give them more energy, explaining the course of treatment in such instances to him, Jackson became intrigued and asked her to return at a later date as he felt he might be anaemic.
When she came back on 2 February, Lee tested Jackson’s blood, measured his red blood cells and did a full examination of him before working out a nutritional plan, full of vitamins, to help him increase his energy levels. Throughout his treatment with Lee, Jackson didn’t want to discuss any of his previous surgeries and he also wanted to use an alias on all the medical records. The name he chose was David Mich.
His chief complaint, apart from thinking he was anaemic, was that he suffered from fatigue, especially around midday, and had been doing so for several months. Questioning Jackson during this initial examination, Lee asked him if he was taking any prescription medicines or had taken any in the past year. The only drug Jackson mentioned to her was Tylenol, which he said he took for insomnia ‘… every now and then’.94 He also mentioned that, over 12 years or so ago, he had taken Xanax, Ativan and Ambien. He never mentioned Demerol, Meperidrine, Diprivan or Propofol, and failed to mention he had gone into rehab in 1993 for a dependency on painkillers. Throughout this initial meeting, Cherilyn Lee felt Jackson was telling her the truth and that he simply wanted to dedicate himself to becoming healthy.
Upon examining Jackson for the first time, Lee thought he seemed in good shape, but she was concerned about the amount of Red Bull he appeared to be drinking. She also suggested he gain some weight but the singer said he could not carry any weight during a concert if he wanted to perform to his high standards, and was happy with his weight as it was. When the results for Jackson’s blood tests came back, they showed he was hypoglycemic with low blood sugar, primarily caused by skipping meals and drinking too many caffeine-based drinks, so she devised a nutritional plan for him that involved him drinking smoothies that would help his hypoglycemia and also the low folic acid and Vitamin D level (caused by his reluctance to go out in the sun) that he was showing.
Lee continued to see Jackson throughout February, documenting his progress, which was going well, and stopping his apparent reliance on Red Bull. At no point did Jackson mention to her any other drugs or medications, or the names of any other doctors he might be visiting.
This was an act of deception on Jackson’s part; Jackson hadn’t seen Dr Klein during January and February, but he had made contact once again with Dr Allan Metzger who, up until 2003, had been the singer’s main physician whenever he was in Los Angeles. Jackson had only spoken to Metzger once since 2003, when the pop star called him in 2008 to talk about skin care, a back strain and general health issues whilst he was in Las Vegas.95 On 26 February 2009, Jackson called Metzger out of the blue. He wanted to discuss the forthcoming O2 concerts and the anticipated stress and pressure he was facing. During the phone call, Jackson talked about doing the concerts to ‘redeem his image’ following the various accusations and allegations against him. To cope with the forthcoming stress, Dr Metzger suggested Jackson tried hypnosis. When the topic of the phone call switched to Jackson’s potential insomnia, Metzger suggested they find someone in London to look after him, somebody ‘… who knows what they’re doing’. They also mentioned Xanax, because that had worked for Jackson in the past, but there was no discussion regarding Demerol or Propofol. The phone conversation ended with Jackson asking if Metzger would come and visit him at a later date, a visit that, as it would turn out, would be both social and medical.96
Meanwhile, on 9 March, Cherilyn Lee visited Jackson at his Carolwood mansion (where every one of their meetings took place) to tell him that his treatment with vitamins and nutritional supplements was working well. Still, Jackson made no reference to his call to Dr Metzger and failed to notify Lee of a series of appointments he was about to begin with his dermatologist, Dr Arnold Klein, in just a few days time.
On 12 March 2009, Michael Jackson took the short trip to the clinical offices of Dr Klein to have Restylane filling work done on the cleft in his chin. He was to visit him twice more in March 2009: on the 17th, when Jackson had more Restylane filling work done, and on the 23rd, when Jackson had Botox injections under the eyes. Each time, Jackson was given a 200mg injection of Demerol directly into his face to act as a painkiller.97
A day later, on 24 March 2009, Cherilyn Lee visited Michael again. During this meeting, Jackson complained of ‘… feeling very tired’. Lee continued to give Jackson his intravenous vitamin therapy but Jackson said to her, ‘Thank you for bringing the natural sleep products but I don’t think this is going to work’. Cherilyn Lee gave him herbal tea to try to help him sleep and advised him that he should try to turn off the lights and the music and not play DVDs when it was time to sleep, but he responded by saying that was the only way he could really sleep (the natural products were helping him to sleep up to five hours a night by this stage). In addition, Lee suggested that perhaps Jackson undergo a sleep study to identify what might be preventing him sleeping but, once again, he declined the offer.
In April, Jackson stepped up his visits to Dr Klein. On 6th, 9th, 13th and 15th he received 200mg injections of Demerol following Restylane filler being injected into his cheeks. But on 17 April, the level of Demerol injections increased significantly to 300mg following Botox injections into Jackson’s armpits. Was this a sign of Jackson’s increased tolerance to the drug? Confirmation of his demand for higher levels of Demerol to satisfy his growing addiction, perhaps? Whatever the reason, the levels of Demerol intake continued to increase – during the week beginning Monday, 13 March 2009, Jackson had been injected with 700mg of Demerol and over the course of the following week this had increased to three injections, amounting to a total of 1050mg of Demerol over his several visits to alleviate the pain as Jackson was injected with Botox into the groin, with the aim of controlling excessive perspiration. The final week of April saw Jackson receive 900mg of Demerol in three separate visits to Klein. In addition to the Demerol, Jackson was also receiving Prednisone, prescribed to him on 25 April by Klein to cope with the pain levels Jackson was suffering from eye and lip Restylane injections.98
In the midst of all this, Cherilyn Lee visited Michael Jackson on 19 April, still unaware he was visiting any other medical practitioners or was being prescribed drugs. During this visit, Jackson, who Lee remembers as not being himself that morning, expressed a concern to Lee about sleeping and said he wanted some additional help to make him sleep. Out of the blue, he mentioned to her a drug called Diprivan and how it had helped him to sleep in the past. Lee was unaware of this drug so, taking the opportunity, she left the house and called a friend to see if they could shed any light on this drug. When her friend told her that Diprivan was an anaesthetic, also known as Propofol that was used in surgery, Lee went back into the house to try to convince Jackson that it was not a safe drug for him to be taking at home and that it definitely wasn’t a medicine for insomnia.
However, Jackson wasn’t prepared to take her advice on board. He told her that she didn’t understand and that he had been told the drug was safe. His demeanour became insistent and upsetting; he was desperate for a good night’s sleep and wanted the drug, but Lee knew it was extremely dangerous. She showed him her reference book to illustrate the risks of the drug but he kept telling her she didn’t understand and that doctors had told him it was safe. Becoming desperate herself, Lee told Jackson: ‘I understand you want a good night’s sleep and want to be knocked out, but what if you don’t wake up?’ Jackson responded with, ‘You don’t understand. Doctors have told me that the medication is safe just as long as I’m being monitored.’ Lee was anxious to know who these doctors were, but he refused to tell her any names.99
The conversation continued with Jackson complaining he didn’t want to wait the hour it took for the other medications he was consuming to knock him out. He wanted to be asleep immediately, upon demand, and as far as he was concerned, Propofol was the only drug that could do this for him. But despite Lee continuing to warn him that using Propofol at home could result in death, Jackson was insistent that other doctors had assured him it was safe – if monitored. Finally, Lee convinced Jackson to take the cocktail of vitamins she had prepared for him to sleep. It was past midnight now and Jackson was anxious to get a good night’s sleep as he told Lee he was due to have ‘… a big rehearsal tomorrow, and I have to be ready for my rehearsal tomorrow’. So Lee made him a cup of herbal tea and, after tucking him into bed, started his vitamin intravenous drip. For the rest of the night, Lee sat in a chair opposite the bed and observed Jackson sleep until 4:30am, when he awoke with a start and actually stood up on the bed before he spoke to Lee, saying in an agitated manner, ‘I told you I cannot sleep all night’. He then jumped off the bed and ran to the bathroom. When he came back into the room, Jackson again stated his need for Diprivan (Propofol) and accused Lee of potentially destroying his day by not giving it to him. He suggested, in the future, she should bring an anaesthetist with her who could administer it properly and safely.
When Cherilyn Lee left Jackson’s Carolwood mansion on the morning of 20 April, after that eventful night, she didn’t realise it would be the last time she would ever see him. Unable, or unwilling, to administer Propofol to him, Cherilyn Lee was no longer of any use to Jackson. He was still seeing Dr Klein throughout April, and getting increasing doses of Demerol through injections. But Klein wasn’t administering Propofol to Jackson. And with his Los Angeles physician, Dr Metzger also refusing to give Propofol to Jackson, the singer was running out of options to get the drug he felt he really needed to make him sleep.
However, unknown to those around him, Michael Jackson had already approached another doctor in Las Vegas about the possibilities and practicalities of this doctor being able to lay his hands on Propofol; this Las Vegas doctor was already known to Jackson. Being a doctor he could get quantities of Propofol, as well as other painkillers, and had already proved to Jackson he could access the drug. What’s more, this doctor was seriously in debt and with a newborn baby by his mistress to support. He needed a financial escape route, and Michael Jackson was just the person to provide it.
The physician Jackson had found was Dr Conrad Murray.