http://www.rollingstone.com/music/news/led-zeppelin-stairway-trial-gets-ugly-as-...Led Zeppelin 'Stairway' Trial Gets Ugly as Plaintiffs Rest Their Case
John Paul Jones debunks longstanding myths, while the defense tries, and fails, for a "Gotcha!" moment
The Led Zeppelin "Stairway to Heaven" trial got ugly in its fourth day as the defense tried, and failed, for a "Gotcha!" moment. Mona Shafer Edwards
The surviving members of Led Zeppelin squashed one of the group's most established and enduring mythologies when the band's bassist/keyboardist/songwriter John Paul Jones took the stand in day four of the copyright infringement suit "Michael Skidmore vs. Led Zeppelin et al."
It was a rare public reunion for Jones and his former bandmates, Jimmy Page and Robert Plant, with Jones appearing as a witness to support Led Zeppelin's defense in the case involving similarities between Zep classic "Stairway to Heaven" and "Taurus," an instrumental composition from the Sixties-era rock band Spirit.
Apparently, the defense team had concluded no one on the jury is a loyal reader of Mojo: Jones' appearance served mainly to quash the narrative, faithfully recounted for nearly five decades, of how Page and Plant came back from the Bron-Yr-Aur cottage in the Welsh mountains with the beginnings of "Stairway to Heaven" to play to the rest of Led Zeppelin - a surprising assertion Page had also made under oath on Thursday.
In his cross-examination with the plaintiff's counsel Francis Malofiy, Jones was confronted with the playback of an audio recording of a 1972 BBC interview where he stated, "We were all in the country at Headley Grange when [Page and Plant] came back from the Welsh mountains with a guitar intro, verse and maybe more [of "Stairway to Heaven]." Under oath, Jones disputed the veracity of his earlier claims: "It sounded like I was guessing. I was guessing."
Jimmy Page Testifies as 'Stairway to Heaven' Trial Heats Up »
Jones was also grilled as to how Led Zeppelin came to play the Spirit song "Fresh-Garbage" - built largely around a prominent bass part - as part of the group's earliest live sets. "I forgot who introduced it - I can't remember," Jones testified. "It was a two-bar bass riff that popped out from somewhere. It was a catchy little riff, had an interesting time thing and it caught my ear. I didn't know where it was from."
Jones also claimed that he thought all of the cover songs played by Led Zeppelin in its famed early tour of Scandinavia billed as the "New Yardbirds" were "all Yardbirds songs." When asked if he'd ever seen Spirit live, he claimed that, in the late Sixties and Seventies before the composition and recording of "Stairway," he'd never "gone to any rock concerts, other than playing with Led Zeppelin."
Malofiy's cross examination of Jones also represented the end of the plaintiff's time to plead its case to the court, having used up all 10 hours allotted by the judge presiding over the federal civil trial, Gary Klausner. With several defense witnesses remaining on the docket - including, potentially, Page's co-defendant, Zeppelin frontman Robert Plant - Judge Klausner made an unusual exception: Malofiy would be allowed to cross-examine all of Led Zeppelin's witnesses for just 10 minutes each.
The numbers that came out of the testimony of Dr. Michael Einhorn, a Yale-educated economist who appeared as an expert witness for the plaintiff side, were also tantalizing. In his analysis, Einhorn revealed Page, Plant, Jones and the heirs of drummer John Bonham split £58.5 million across all 87 songs in the Zeppelin catalog in the three-year statutory period being hotly debated throughout the trial. However, Einhorn claimed the defense had not provided him with the "pro-rate technology" used to determine exactly how much of those monies came specifically from "Stairway" royalties.
"You don't have to play to the jury" was an admonishment Judge Klausner bestowed on both sides' counsel throughout the day's proceedings. But the most astonishing example of that strategy came not from the notoriously hotheaded Malofiy, but Led Zeppelin main counsel Peter Anderson, whose patrician white-shoe countenance has been a defining feature of his defense. During Anderson's cross-examination of the trial's plaintiff, Michael Skidmore - the trustee of "Taurus" songwriter Randy "California" Wolfe's estate - Anderson asked Skidmore if "it made a difference to [Wolfe's mother] Berenice Pearl if [Wolfe's only surviving heir] Quinn Wolfe [was cut out of receiving royalties] because he was the illegitimate son of Randy Wolfe?"
It was a "gotcha!" moment that backfired - more expected coming from, say, a trial in Game of Thrones or an old episode of Days of Our Lives. It provided perhaps the ugliest moment of a contentious trial, and was quickly ruled as legally inadmissible by Judge Klausner.