Diary of a Doors Drama
W E E K T H R E E
Monday, July 12, 2004 John and his wife Leslie were in court today. The Morrison family was not, but are expected later this week. Before the jurors were admitted into the courtroom, the attorneys had matters related to witnesses and testimony to argue in front of Judge Alarcon. Testimonies expected this week include The Doors' business manager, Bob Greene; The Doors' attorney, Abe Somer; British music journalist Nigel Williamson; and videotaped depositions from Robby and Ray.
The jurors were brought in at 10:15, and watched the approximately 15 minutes remaining of Ian Astbury's videotaped deposition which had begun last Friday afternoon. In it, Ian was questioned about some remarks in several media stories attributable to him.
At 10:45 the plaintiff's attorney called their witness, Mr. Robert L. Greene. Mr. Greene identified himself as The Doors' business manager from 1967 through1982. Mr. Forer led Mr. Greene through testimony that established his personal history, his education, positions held and partnerships in his career. Mr. Greene explained the responsibilities he held as their business manager, such as receiving income, record keeping, paying bills, consulting, investments, tax returns, etc. Mr. Forer continued the direct examination following the lunch break, with questions about the various partnership agreements and his similar experiences with other bands. Following the afternoon break, defense attorney Mr. Briggs conducted his cross-examination for 40 minutes.
At the conclusion of Mr. Briggs' questioning, plaintiff's attorney Mr. Mandel asked a few more questions, and then both Mr. Greene and the jurors were excused at 4:05. The attorneys continued with issues to be heard before the judge regarding the witness who will be called tomorrow, The Doors' former attorney, Mr. Abe Somer.
Tuesday, July 13, 2004 John and his wife Leslie were in court today. Before the jury was brought in, the attorneys presented arguments to Judge Alarcon related to scheduled witnesses. Former Doors attorney Abe Somer was sworn in and questioned by defense attorney William Briggs regarding his relationship with the band and his responsibilities. The jury was finally brought in at 10:35, and Rear Admiral & Mrs. Morrison, and Jim's sister Anne, entered the courtroom at the same time. Mr. Somer took the witness stand to testify for the jury. Plaintiff's counsel Mr. Mandel led Mr. Somer through his testimony to explain his background and practice as being limited to entertainment law, representing people in the creative arts -- mostly actors and actresses, and those in the music business. The Doors were already under contract to Elektra when Mr. Somer was retained by them.
Mr. Somer was still under direct examination when court recessed for lunch at noon. At 1:30 the attorneys negotiated and agreed to interrupt and postpone the balance of Mr. Somer's testimony, so that another witness who was available today only, could be sworn in and questioned.
At 1:45 the jurors were returned, and Mr. Nigel Williamson was sworn in. Under questioning from Mr. Mandel, Mr. Williamson explained that he arrived last evening from London, and flies out tomorrow morning to other destinations. He thanked the court for the accommodation to allow him to keep to his schedule. Mr. Williamson outlined his credentials as a writer, author of several books, and journalist specializing (for the last ten years) in music. He reviews CDs and live shows, interviews artists, and writes articles regarding music and cultural trends. He is an associate editor for U.K.'s Uncut Magazine and writes a weekly column for Billboard. In its seven years of existence, Uncut Magazine has run 3 features on The Doors. Two of those three issues had Jim Morrison on the cover, and they were all good selling issues.
Late last year, Mr. Williamson wrote an article for an airline magazine which he was questioned closely about. During examination, the witness revealed that he saw The Doors in concert on a bill with Jefferson Airplane, when he was 14 years old, and retains a vivid image of some of that performance. Mr. Williamson was questioned regarding bands who could, in some respects, be compared to The Doors and their situation (i.e., losing a member).
Mr. Mandel finished his direct examination of Mr. Williamson at 2:20, and defense attorney Paul Lukacs cross-examined the witness until 2:55. After one more quick re-direct by Mr. Mandel, Mr. Williamson was excused from the witness box. An extended break followed as the attorneys prepared the next testimony, which would be portions of a videotaped deposition of Robby Krieger given in April 2004.
The Morrison family did not return from the afternoon break. Robby's deposition reviewed his beginnings with the band, as well as bands he was involved with after The Doors such as Butts Band, RKO, and RKB, in addition to playing with Eric Burdon for several years. Robby was questioned about the various offers and opportunities to use the band's music in commercials.
At 4:25 the videotape was stopped and the jurors excused for the day. Tomorrow morning will begin with Mr. Abe Somer returning for direct examination and then cross-examination, followed by more portions of Robby's videotaped deposition.
Wednesday, July 14, 2004 John and his wife Leslie were in court today. This morning's session was to begin with the resumption of Mr. Abe Somer in the witness chair. In order to assure no problems arise during questioning of Mr. Somer that might compromise attorney-client privilege regarding other clients, Judge Alarcon consented to allow Mr. Somer's associate, David Steinberg, to join the other attorneys near the counsel table during the testimony. This was explained to the jury panel when they were brought into the courtroom at 9:50 a.m.
Mr. Somer represented The Doors from about 1966 through 1983, and has been retired for ten years. Plaintiff's attorney Mr. Mandel questioned Mr. Somer on his understanding and recollection of many documents involving his law firm that had previously been admitted, such as partnership agreements, correspondence, and contracts. Some of those documents were prepared by other associates in the firm instead of Mr. Somer. For instance, another attorney who specialized in tax law, probate, etc. might have been the primary contact with the band, or Mr. Somer may have been unavailable due to other commitments.
Rear Admiral & Mrs. Morrison and Anne arrived at 10:15. At 10:30 Mr. Mandel concluded his direct examination, and Mr. Briggs began his cross-examination, challenging the witness on many points in regard to the terms of the agreements and contracts. A morning break lasted from 11:05 to 11:20, and then Mr. Briggs resumed his cross-examination of Mr. Somer, focusing on a deposition Mr. Somer had given previously as well as partnership protocol following the death of a partner.
Lunch break was 11:55 to 1:30, with the jurors returned at 1:40. Mr. Briggs continued his cross-examination of Mr. Somer until 2:30. A brief re-direct by Mr. Mandel established Mr. Somer's education: graduate of University of Southern California, Senior Class President, USC Law School, Editor of Law Review, and he made Order of the Coif (top 10% of the class).
Mr. Somer was excused at 2:35, and the jury then resumed viewing portions of Robby Krieger's videotaped deposition from April that was started yesterday after Mr. Williamson finished testifying. Robby's testimony topics included Stewart Copeland's time with the band, various partnership agreements, Robby Krieger Band tours with John and/or Ray guesting, commercial deals offered over the years, and the Harley Davidson offer. The Morrison family left for the day at the afternoon break, from 2:45 to 3:05.
Court adjourned at 4:25. Some of the upcoming witnesses who will be called to testify for the plaintiff's side include various attorneys, rock journalist Anthony DeCurtis, former band mate Stewart Copeland, Todd Gray, Rich Linnell, Bill Siddons, and Jim's father. Portions of Ray Manzarek's videotaped deposition will also be shown to the jury.
Thursday, July 15, 2004 John and his wife Leslie were in court today. After the attorneys argued some fine points regarding anticipated testimony, the jurors were brought into the courtroom at 9:55. The final 22 minutes of portions of Robby's videotaped deposition from April played for the jury.
Jim's parents and sister Anne arrived at 10:00. At 10:30, Mr. David Kirby was sworn in as a witness. Mr. Kirby has been a talent agent (booking agent) for 20 years, and is one of the owners of The Agency Group who are currently representing The Doors of the 21st Century. Mr. Kirby explained the responsibilities of a talent agency, such as negotiating with promoters, fielding offers for bands to perform, and generating contracts for signature. Mr. Kirby gave testimony regarding the chain of command for advertising and promotional materials, and to what extent his company gets involved in that process. He also explained that their agency has other offices that also participate in booking acts through promoters in other parts of the country or the world.
During the morning break from 11:10 to 11:30, I learned that a young couple who slipped into the courtroom during Mr. Kirby's testimony, are the grandchildren of the Courson family. After the break ended, Mr. Mandel continued questioning Mr. Kirby about his relationship with the band, how he came to represent them, who his contacts were, what shows he has attended, and shows that are either currently booked beyond Europe or pending.
The Morrison family and the Courson grandchildren did not return for the afternoon session. After the lunch break from noon to 1:30, Mr. Mandel's direct examination continued with questions relating to promotional advertising for past shows. He answered questions about agency documents that summarize previous bookings, as well as questions that related to a deposition he gave back in February 2004. Mr. Mandel was still conducting direct examination upon return from the afternoon break from 2:45 to 3:10.
When Mr. Mandel finished at 3:40, Mr. Forer began an additional brief direct examination. Unfortunately for the court, one juror had indicated a need to leave at 4:00, so when Mr. Forer finished at 3:50, Mr. Briggs had only 10 minutes for his questioning. Judge Alarcon had to make an explanation to the jury regarding an interim order he had issued during the pre-trial litigation, which was now being addressed in the line of questioning. Following Mr. Briggs' questioning of Mr. Kirby, the witness took a few minutes to describe the impact on him when he saw the band perform at the Harley Davidson event in Fontana, California in September 2002. He said that he essentially saw an audience transformed in attitude within half of the first song. Mr. Kirby added that he does not normally handle older acts, but he got chills up his backbone and knew he was seeing something very special ... and wanted to represent them!
Another quick re-direct by Mr. Mandel, followed by another quick turn by Mr. Briggs, and the court was excused at 4:05 to allow the early exodus requested by one juror.
Friday, July 16, 2004 John and his wife Leslie were in court. The Coursons' granddaughter Emily attended the morning session. Some fine points were argued to Judge Alarcon while awaiting the arrival of one juror who was running late. At 9:50 the jurors filed in, along with today's witness, Mr. Jerry Swartz. Mr. Jerry Mandel led Mr. Swartz through identifying himself as a CPA in the state of California since 1963 and current business manager for The Doors. Mr. Swartz also represents John and Robby individually, and therefore has no bias or preference in the outcome of this case.
Mr. Swartz explained a business manager's responsibilities to include bookkeeping, estate planning, investments, and preparation of tax returns. He started his own business in 1969, which is centered on the entertainment industry. He identified a number of well-known clients that he does or has represented.
Mr. Mandel questioned Mr. Swartz on matters related to the various Doors partnerships and some general accounting processes for incomes such as royalties. After the morning break from 10:55 to 11:30, Mr. Swartz answered some questions about The Doors trademark and licensing.
Just as the lunch break at noon was being called, Judge Alarcon responded to inquiries about whether there would be a court day off coming up, and if so, when. The judge asked the jurors to talk it over among themselves as to whether they would like that, or to continue hearing the case without interruption. When the jurors were returned to the courtroom at 1:40, they had decided they would not like to have a full day off, but were in majority agreement for a half day. It was decided that next Friday, July 23rd would be a morning session only, from 9:30 until noon.
John's attorneys advised that they have 15 more witnesses to call, with about half of those requiring one hour or less on the witness stand. In addition, there are several more videotaped depositions for the jury to view. The attorneys for the plaintiffs estimate to be done presenting their case approximately Wednesday, July 28th.
With Mr. Swartz back in the witness chair, more questioning followed regarding the types of accounting and financial reporting that he provides for The Doors partnerships. Mr. Mandel finished his direct examination at 2:35, and the Morrison family's attorney Mr. Jeffrey Forer followed with another ten minutes of direct examination.
At 2:45 the afternoon break was taken before defense attorney Mr. William Briggs began his cross-examination at 3:05. Mr. Briggs questioned Mr. Swartz regarding some of his responses in a deposition taken in Mr. Briggs' office in May, including matters of partnerships and trademark registration. Mr. Briggs finished at 4:20, Mr. Forer did a brief re-direct with Mr. Swartz, followed again by another quick turn by Mr. Briggs. The day ended at 4:30.
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WEEK TWO july 6 - july 9, 2004 - jury finalization, John testimony, Ian deposition
WEEK ONE June 29 - July 2, 2004 - jury selection
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Related media stories:
July 3, 2004 -- Times UK by Nigel Williamson: "And The Brand Played On"
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