March 7th, 2005 Trial Analysis: Davellin Arvizo (Cross Examination) and Star Arvizo (Direct Examination), Part 1 of 3
Mesereau picked up his cross examination of Davellin Arvizo exactly where he left off the previous day: by asking her about a shopping spree that she and her brothers went on with Jackson to Toys R Us, and if she tried to seek help or complain about being there against her will:
5 THE COURT: Good morning.
6 THE JURY: (In unison) Good morning.
7 THE COURT: Mr. Mesereau.
8 MR. MESEREAU: Thank you, Your Honor.
9 Should I check this, double-check this.
11 THE JURY: Hello.
12 MR. MESEREAU: All right.
14 CROSS-EXAMINATION (Continued)
15 Q. Miss Arvizo, you testified last week that
16 you recall a trip from Neverland with Michael
17 Jackson to a store named Toys R Us; do you remember
19 A. Yes.
20 Q. And you testified that Mr. Jackson took you
21 and your brothers and some fans to Toys R Us, right.
22 A. Yes.
23 Q. Do you know approximately when that was.
24 A. I don’t remember when.
25 Q. And you did say that on the way Mr. Jackson
26 saw some fans and picked them up, and you all went
27 to Toys R Us together, right.
28 A. Yes. 964
1 Q. And Mr. Jackson paid for toys for everybody,
3 A. Yes.
4 Q. Do you recall anybody ever complaining that
5 they were being falsely imprisoned at Toys R Us.
6 A. No.
7 Q. Do you recall anybody complaining that they
8 were there against their will, at Toys R Us.
9 A. No.
Next, Mesereau catches Davellin in another lie by asking her about the deposition that she gave in the JC Penney case, which she had previously said that she knew nothing about! Davellin testified that she had forgotten about the JC Penney case until Mesereau stated the word “deposition”, which jogged her memory!
10 Q. Now, do you know what a sworn deposition is
11 in a civil case.
12 A. Kind of. Not really.
13 Q. Has anyone ever told you that a sworn
14 deposition is a procedure in a civil case where
15 somebody sits down and answers questions under oath.
16 A. Yes.
17 Q. And who told you that.
18 A. Well, I was sitting in the one that Gavin
19 took during the J.C. Penney’s case.
20 Q. And you were also sitting in the one that
21 Star gave in the J.C. Penney case, correct.
22 A. I don’t remember that. I was just sitting
23 with Gavin.
24 Q. Well, didn’t you tell the jury last week
25 that you know nothing about the J.C. Penney case.
26 A. I just remembered right now when you said
28 Q. So you sat there in Gavin’s deposition in 965
1 the J.C. Penney case, correct.
2 A. Because he wanted me to be next to him, and
3 I held his hand.
4 Q. And your mother was there too, correct.
5 A. I don’t remember her sitting there.
6 Q. You also sat in Star’s deposition, true.
7 A. I don’t remember sitting in Star’s.
8 Q. Would it refresh your recollection if I just
9 show you the page of the deposition transcript that
10 lists you as attending.
11 A. (Nods head up and down.)
12 Q. Could I show it to you.
13 A. That’s fine. I just didn’t remember. All I
14 remember is really sitting with Gavin.
15 Q. Okay.
16 MR. MESEREAU: May I approach, Your Honor.
17 THE COURT: Yes.
18 THE WITNESS: Okay.
19 Q. BY MR. MESEREAU: Have you had a chance to
20 look at that page.
21 A. No, that was the first time.
22 Q. Well, does it refresh your recollection that
23 you were present for Star’s deposition as well.
24 A. All I remember is the taping of Gavin’s.
25 I don’t remember Star’s.
26 Q. Okay. What — my point is this: When you
27 told the jury last week you didn’t know anything
28 about the J.C. Penney case, that wasn’t correct, 966
2 A. Well, when you said “deposition,” it
3 refreshed my memory. That was a long time ago. I
4 was, like, 11.
Here is an excerpt from her testimony on March 4th, 2005, where she told Mesereau that she had no knowledge of the JC Penney case!
26 Q. Are you aware that your mother claimed that
27 security guards at J.C. Penney sexually assaulted
28 her. 875
1 A. I wasn’t there. I don’t know anything about
2 that case. I was not involved in that case. All I
3 know is that Gavin complained of his elbow and
4 started complaining of his head, because I picked
5 him up with my grandparents. That’s all I know
6 about it.
7 Q. Have you ever discussed that case with your
9 A. Never.
10 Q. Never talked about it at all.
11 A. Never.
12 Q. Okay. Have you discussed that case with
13 Gavin ever.
14 A. Never.
15 Q. Okay. Do you know even what your mother was
17 A. I don’t, really. I was not involved in that
18 case. I had nothing to do with that case. I don’t
19 know anything of that case.
20 Q. But when your mother filed a suit, did she
21 talk to you about it.
22 A. She didn’t, really. We didn’t really talk
23 about it.
24 Q. Okay. Okay. And Gavin never talked to you
25 about it either.
26 A. No.
27 Q. But to your knowledge, Gavin was involved in
28 that. 876
1 A. I know that Gavin, my mom, and David and my
2 mom — Gavin, Star, David and — Gavin, Star, David
3 and my mom were all involved in it. That’s all I
5 Q. And you don’t know what they were claiming
6 happened at J.C. Penney.
7 A. I don’t know details. I don’t know
8 anything. It was too long ago and I wasn’t involved
9 in it.
10 Q. And you haven’t discussed it with anyone in
11 the last year, correct.
12 A. No.
Mesereau goes on to catch her in another lie about her denial of knowing the full extent of Gavin’s misbehavior in school. Davellin testified during the previous week that she didn’t know of any disciplinary problems that Gavin had ever had at school, yet she admitted that she was with him as he gave his deposition during the JC Penney case, during which he admitted that he had been suspended from school for fighting:
5 Q. Okay. Now, you also told the jury last week
6 you have no knowledge of Gavin having disciplinary
7 problems at school before he ever met Mr. Jackson,
9 A. I know he talks a lot, yes.
10 Q. Well, that’s what you said, the only problem
11 you were aware of is that he was talkative, correct.
12 A. Yes.
13 Q. You also said to — you were asked by me,
14 “To your knowledge, was he ever asked to leave
15 school,” and you said you don’t know, right.
16 A. I don’t — no, I don’t remember.
17 Q. Well, you sat there in Gavin’s deposition in
18 the J.C. Penney case where he admitted that he got
19 in lots of fights and got thrown out of school,
20 right. You were sitting right there, right.
21 A. He’s never been thrown out of school.
22 Q. You heard him say it under oath, didn’t you.
23 A. I don’t remember. It was a long time ago.
24 All I remember, I was in my grandmother’s house, and
25 I was holding his hand, and they were taping the
26 deposition. That’s all I remember.
27 Q. Do you remember at the deposition Gavin was
28 asked, “Have you ever had problems at school where 967
1 you got into a lot of fights.” And he said, “Yes”.
2 MR. SNEDDON: I’m going to object as asked
3 and answered.
4 THE COURT: Sustained.
5 Q. BY MR. MESEREAU: Do you remember Gavin
6 saying he was thrown out of school for fighting.
7 MR. SNEDDON: Object; asked and answered.
8 THE COURT: Sustained.
9 Q. BY MR. MESEREAU: Are you telling the jury
10 you never heard Gavin ever make a statement like
11 that at any time.
12 MR. SNEDDON: Your Honor, I’m going to
13 object as asked and answered, and ask the Court to
14 admonish counsel. He knows better than this.
15 MR. MESEREAU: I object, Your Honor, to the
17 MR. SNEDDON: I have a right to make a
18 record. And I — I’m asking the Court — this is
19 the third objection in a row that’s been asked and
21 THE COURT: Sustained. You may sit down.
22 MR. SNEDDON: Thank you.
23 Q. BY MR. MESEREAU: Are you telling the jury
24 today, under oath, that you have no knowledge of
25 Gavin ever being asked to leave school before he met
26 Mr. Jackson.
27 MR. SNEDDON: Object as asked and answered.
28 THE COURT: Overruled. 968
1 THE WITNESS: All I know is that he was very
2 talkative. I don’t remember. I’m not involved in
4 Q. BY MR. MESEREAU: I’m sorry, excuse me. I
6 A. I’m not involved in that. My mom is.
7 Q. Have you ever discussed with Gavin his being
8 thrown out of school for fighting.
9 A. All I know is he would get in trouble, so I
10 would tell him, “Just be quiet, Gavin. You don’t
11 need to talk back.” That’s all I remember.
12 Q. Have you ever discussed with Gavin his
13 problems with fights in school before he met Mr.
15 MR. SNEDDON: I’m going to object as asked
16 and answered.
17 THE COURT: Overruled.
18 THE WITNESS: I don’t know. I don’t
Mesereau goes back to Davellin’s denials about talking to her family either before or after their depositions during the JC Penney case, and she once again denies ever talking to anyone about it:
20 Q. BY MR. MESEREAU: Okay. Do you remember,
21 I asked you last week if you had ever discussed the
22 J.C. Penney case with Gavin or your mom. Remember,
23 I asked you that question.
24 A. Yes.
25 Q. You said you had not discussed it with
26 either of them, right.
27 A. Yes.
28 Q. How could that be, if you attended those 969
2 A. I’m not talking to them about it.
3 Q. Before.
4 A. No. I haven’t talked to them about it at
5 all. I’m just sitting there. I don’t know anything
6 about the case. I was just sitting there to comfort
7 my brother. He wanted me to be with him. I’m not
8 even paying attention to what he’s saying. I’m just
9 paying attention to how he’s looking. And that was
10 during his chemo.
11 Q. So you had never discussed the J.C. Penney
12 case with him before you attended his deposition.
13 A. No.
14 Q. And you never discussed the J.C. Penney case
15 with any of your family members before you attended
16 Star’s deposition.
17 A. Never.
18 Q. You never discussed the J.C. Penney case
19 with Gavin or your mom or Star after Gavin’s
21 A. Never.
22 Q. And you never discussed the J.C. Penney case
23 with Star, your mom or Gavin after Star’s
25 A. Never.
26 Q. You just kind of got there, silently
27 listened, left, and never talked to anybody about
28 it, right. 970
1 A. No.
Things are starting to get heated! Mesereau next questions Davellin on her inconsistencies in her testimony from last week, and what she originally told police investigators about the number of times that she went into Jackson’s wine cellar. Davellin claimed that she misunderstood the questions that she was asked by the police, and that is the reason for the discrepancies. She told police during her interviews in 2003 and 2004 that she had been down inside the wine cellar “many times”, but during her direct examination she said that she had only been down there “once”:
2 Q. Okay. Now, you testified last week about
3 seeing Mr. Jackson and your brothers go into the
4 wine cellar, correct.
5 A. I saw somebody going downstairs. And then
6 when I was already in the wine cellar, I knew who it
8 Q. Was that the only time you ever saw anybody
9 go into the wine cellar.
10 A. I saw several times people go down, but I
11 never really went. I always saw, like, open —
12 people going down, but I never really followed. It
13 was just that one time.
14 Q. Just the one time.
15 A. Yes.
16 Q. And you described the —
17 THE COURT: Excuse me, Counsel. Mr. Jackson
18 needs to go to the rest room. We’ll take a break.
19 MR. OXMAN: Thank you, Your Honor.
20 (Recess taken.)
21 MR. SANGER: Your Honor, would it be useful
22 to take care of a stipulation on a technical matter
23 while Mr. Jackson’s —
24 THE COURT: I think we need to wait till he
25 comes back.
26 MR. SANGER: Okay. Very well.
27 MR. MESEREAU: May I see Mr. Jackson, Your
28 Honor. 971
1 (Brief interruption.)
2 Q. BY MR. MESEREAU: Do you recall, Miss
3 Arvizo, giving the Santa Barbara Sheriffs a detailed
4 description of the wine cellar at Neverland.
5 A. Yes.
6 Q. And what did you tell them.
7 A. I told them that I walked down the stairs,
8 and then you make a right, and there’s a room and it
9 has sleeping bags. And then there’s another room,
10 and it’s a way smaller room. And on the left-hand
11 side, there’s wine bottles on the wall. And then
12 there’s a — I think there’s a counter in the room,
13 too, and cupboards.
14 Q. Did you tell them anything about sleeping
16 A. Yeah.
17 Q. What did you tell them.
18 A. That after you walk down the stairs and you
19 make a right into the room, and I think there’s
20 sleeping bags on the wall. I don’t remember.
21 Q. You told them about cubbyholes with sleeping
22 bags, correct.
23 A. Yes.
24 Q. Now, you’re telling the jury today that
25 you’ve only been down there one time, correct.
26 A. Yes.
27 Q. The truth is, you’ve been down there many
28 times with your brothers without Mr. Jackson, true. 972
1 A. No.
2 Q. Do you recall being interviewed by the Santa
3 Barbara Sheriffs on August 13th, 2003, or
4 approximately that time.
5 A. Yes.
6 Q. Do you remember, you were asked when you
7 observed the wine cellar, and you said “many times”
8 during your visits to Neverland.
9 A. Well, many times I’ve seen it. But I never
10 went down there many times.
11 Q. How can you see it if you don’t go down the
12 stairs into the wine cellar.
13 A. Maybe I misunderstood the questions. But I
14 only remember going down there once and seeing it.
15 Q. Are you saying you never told the Santa
16 Barbara Sheriffs you’d been down there many times.
17 A. I don’t remember. All I remember is being
18 down there once and being able to see everything.
19 I don’t —
20 Q. Did you ever learn that your brothers had
21 been caught down there without Mr. Jackson, having
22 broken into the cellar and drinking.
23 A. I don’t remember that.
24 MR. SNEDDON: Object. It also — excuse me.
25 Calls for — assumes facts not in evidence.
26 THE COURT: Sustained.
Here is what Davellin told Sneddon during his direct examination on March 3rd, 2005:
5 Q. During the time that you were staying at
6 Neverland Ranch, did you ever see your brothers
8 A. Yes.
9 Q. On how many occasions.
10 A. Once.
11 Q. Could you tell the ladies and gentlemen of
12 the jury, where was that when you saw it.
13 A. It was in the arcade. It was — if you move
14 a jukebox out of the way, it leads into a staircase.
15 You go down the staircase, you make a right, there’s
16 another room and it has like sleeping bags and
17 stuff. And you go into a little tiny room that’s —
18 if you go into that room, make a right, there’s a
19 little tiny room and then that’s the wine cellar.
20 Q. Okay.
21 A. That’s where Mr. Jackson, my brothers and
22 Aldo were.
22 Q. And I think what I asked you was, did you
23 ever see your brothers drink at the ranch.
24 A. Yes.
25 Q. On how many occasions.
26 A. Once.
27 Q. And where.
28 A. It was in the wine cellar under the arcade. 722
1 Q. And who else was present at that time.
2 A. Mr. Jackson, Gavin, Star and Aldo.
3 Q. And what was going on when you — did you
4 walk down there with them, or did you join them
6 A. No, I had always seen people walking down
7 there and they would come up with cups. But I never
8 knew what was really down there until one time I
9 walked in, and I just followed them when they were
10 going down.
11 Q. And this is the one time you’re talking
13 A. Yeah.
Mesereau catches Davellin in another lie by asking her about details from her testimony, during which she stated that she and her brothers were always together at Neverland, when she originally said during direct examination that her brothers would leave her alone when she was at Neverland!
27 Q. BY MR. MESEREAU: Now, you’re aware that
28 alcohol is kept in the kitchen area, correct. 973
1 A. I don’t know.
2 Q. Did you ever tell the police there’s a
3 glass-like closure on a refrigerator that has
4 alcoholic beverages in the kitchen area.
5 A. I know behind, like, a glass cupboard
6 there’s some — I don’t know.
7 Q. Did you ever see any alcoholic beverages in
8 that refrigerator area.
9 A. I don’t know. I don’t remember.
10 Q. Well, you’ve been in that area many times,
11 correct, with your brothers, right.
12 A. When I would go to eat myself, yes.
13 Q. And typically when would you go to eat by
15 A. In the afternoon.
16 Q. And when you went by yourself, were you
17 easily able to get in the main house.
18 A. Yes.
19 Q. How did you get in the main house.
20 A. I would either ring for somebody to come, or
21 if I remembered the code to get into the main house.
22 Q. And how did you get the code.
23 A. One of the security guards gave it to me.
24 Q. And did you have any other codes.
25 A. No. That was the only one I had.
26 Q. Your brothers had codes, didn’t they.
27 A. Yes.
28 Q. They had codes to the wine cellar, didn’t 974
2 A. I don’t remember that.
3 Q. They had codes to Mr. Jackson’s room, didn’t
5 A. I didn’t know they had that one.
6 Q. And they went up to the room without Mr.
7 Jackson present, correct.
8 A. Anytime Mr. Jackson wasn’t on the ranch,
9 they were with me.
10 Q. That’s not what you said last week, is it.
11 Last week you said that when your brothers were on
12 the ranch, they always left you alone, correct.
13 A. No. When Mr. Jackson wasn’t on the ranch,
14 they were with me.
15 Q. Well, you had knowledge that your brothers
16 were going into the main house when Mr. Jackson
17 wasn’t even there, correct.
18 A. When Mr. Jackson wasn’t there, they were
19 with me. There was no reason for us to be apart if
20 Mr. Jackson wasn’t there.
21 Q. Well, you — correct me if I’m wrong, didn’t
22 you tell the jury last week, “When I would visit
23 Neverland, my brothers would go off and, for the
24 most part, leave me alone”. Did you say that.
25 A. If Mr. Jackson was there, yes, I said that
26 last week.
27 Q. So you’re — now you’re saying whenever
28 Mr. Jackson wasn’t there, all three of you hung 975
1 around together; is that right.
2 A. Yes.
3 Q. Did you go into the main house together when
4 Mr. Jackson wasn’t there.
5 A. Yes. To go eat and watch T.V., yeah.
6 Q. And how many times do you think you did that
7 when Mr. Jackson wasn’t there.
8 A. I don’t know.
9 Q. Many times, correct.
10 A. Well, they’re growing boys. They wanted to
11 eat a lot, I guess.
Mesereau then began to ask Davellin about the statements that she made to Bradley Miller during her family’s interview with him on February 16th, 2003. Specifically, he wanted Davellin to confirm that her mother Janet encouraged Star and Gavin to spend time with Jackson in the main house at Neverland, as well as statements that she made about Jackson being a “father figure” to her:
17 Q. Now, at this recorded interview by Brad
18 Miller that we just heard of February 16th, 2003,
19 Major Jay Jackson is sitting there listening to it,
21 A. He’s sitting there, yes.
22 Q. And it’s in his home, right.
23 A. Yes.
24 Q. And you’re saying that after this interview,
25 Jay Jackson went to a lawyer with the family.
26 A. I don’t remember when we went, but it wasn’t
27 during then.
28 Q. And the interview with the three social 990
1 workers was at Jay Jackson’s home also, right.
2 A. Yes.
3 Q. And was Jay Jackson there that day.
4 A. No, he wasn’t.
5 Q. How many times did you meet with Attorney
6 Larry Feldman.
7 A. Once.
8 Q. And at some point, he agreed to represent
9 the whole family, true.
10 A. I don’t know that.
11 Q. Well, you knew that he had sued Michael
12 Jackson in the early ‘90s, true.
13 A. I didn’t know who he was. I just —
14 Q. Never discussed it with your mom.
15 A. Never.
16 Q. All right. Will you agree that shortly
17 after this recorded interview of February 16th,
18 2003, your family began meeting with lawyers.
19 A. No. It wasn’t shortly after then, no.
20 Q. How long after it was it.
21 A. I don’t know. But it was way after.
22 Q. Way after. Like how long; do you think.
23 A. After March. I don’t know.
24 Q. Okay. But you met with Dickerman —
25 A. Once.
26 Q. — on Sunset.
27 A. I didn’t meet with him. I just saw him
28 there. 991
1 Q. Okay. Okay. And you think that was after
2 you left the Calabasas Inn, right.
3 A. I’m not sure.
4 Q. Okay. Okay. Now, you’d agree that in this
5 recorded interview with Brad Miller, and in the
6 rebuttal videotape that was shown last week, and in
7 your interviews with the social workers, your mother
8 continually praised Michael Jackson as a father
9 figure, right.
10 A. Yes.
11 Q. And you continually praised Michael Jackson
12 as a father figure, right.
13 A. I was just really copying, because I didn’t
14 know what to say. I was just latching onto
15 something because David was never really a father.
16 So I was just latching on something to call a
17 father. I didn’t know what a father is.
18 Q. Did you ever discuss with your mother,
19 “We’re going to call Michael Jackson a father
21 A. No.
22 Q. Never did.
23 A. No. It’s the boys that brought it up.
24 Q. Okay. Well, certainly your mother praises
25 him in all of these interviews as being a father to
26 her children, true.
27 A. I guess seeing the boys so excited, you
28 know, anything that makes us happy, she — I don’t 992
1 know. She gets it from us.
2 Q. You were sitting in this interview when your
3 mother said, essentially, she liked the boys to be
4 with Michael Jackson at night because they’re safe,
6 A. I think she was just talking about the times
7 that Gavin would go to Neverland with Gavin and we
8 don’t know what happened.
9 Q. But your mother was encouraging your
10 brothers to go into the main house and be with
11 Michael Jackson, right.
12 A. You would have to ask her that. But I
13 would — she never encouraged it. It was the boys
14 wanted to be there.
15 Q. Well, doesn’t she say that in that recorded
17 A. If it makes him happy, she’s going to push
18 it. She loves for us to be happy. Anything that
19 makes us happy, she’s going to say, “Go ahead, go.”
20 Q. But isn’t it true that, as far as you know,
21 she pushed your brothers to be in the main house
22 with Michael Jackson shortly before she went to a
23 lawyer to try and develop a lawsuit against him,
25 A. What are you asking me. Like —
26 Q. If you know an answer to what I just said.
27 Do you have any —
28 MR. SNEDDON: I’m going to object as 993
2 THE COURT: She’s asked you to rephrase the
4 MR. MESEREAU: Okay. Okay.
5 Q. As far as you know, your mother was
6 encouraging your brothers to be in Michael Jackson’s
7 house at night shortly before she went to a lawyer
8 to try and develop a lawsuit against Michael
9 Jackson, right.
10 MR. SNEDDON: I’m going to object to that
11 question as argumentative and assumes facts not in
12 evidence. It’s also compound.
13 THE COURT: Sustained on compound.
14 Q. BY MR. MESEREAU: You would agree, you heard
15 your mother on many occasions encourage your
16 brothers to go into the main house and spend time
17 with Michael Jackson in the evening, right.
18 A. She wouldn’t encourage them. She’d just see
19 them happy. She wouldn’t push them to go do it.
20 She just — they would go.
21 Q. You heard your mother —
22 A. I heard it, but I’m telling you what I know.
23 Q. Okay. She would encourage your brothers to
24 spend time with Michael Jackson at night because she
25 wanted Michael to be the father figure in the
26 family, right.
27 A. She never encouraged it. It’s whatever the
28 boys want, whatever makes them happy, she’s going to 994
1 let them do.
2 Q. Now, you said in the interview with Brad
3 Miller, referring to Michael Jackson, “He’s a bigger
4 father to all of us. He’s given us safety. He’s
5 given us love. He’s given us everything we’ve ever
6 wanted. He’s been our father figure. He’s the only
7 thing we know to be a father.” You said that,
9 A. Yes.
10 Q. And you meant it when you said it, didn’t
12 A. At that point, I still liked Mr. Jackson.
13 And that was the point that David had left and —
14 I don’t know, I was just latching onto something,
15 because I don’t know what a description of a father
16 is. I had 16 years of just abuse. I don’t know
17 what it is. I just latched onto something.
18 Q. Do you want to take a minute.
19 A. I’m fine.
20 THE COURT: I think it’s time for the morning
21 break now.
22 MR. MESEREAU: Okay.
23 (Recess taken.)
After the court ordered recess, Mesereau continues where he left off by asking Davellin about an incident that occurred on October 1st, 2001, where Janet called the police on David, and told them that Jackson, Kobe Bryant, and meteorologist Fritz Coleman would “assist her” with that incident:
16 Q. Okay. Now, your mother says, “We’ve been
17 rejected, neglected, spit on, fried, tried, burned,
18 abused, the doors shut in our face, opportunities
19 lost. And Michael said — took us from way behind
20 in the line and pulled us up to the front and said,
21 ‘You matter to me. You may not matter to many
22 people, but you matter to me and that’s what’s
24 Do you know what she was referring to when
25 she talked about your family being rejected,
26 neglected, spit on, fried, et cetera.
27 A. I don’t know. I guess emotions from David.
28 I don’t know. 1003
1 Q. Okay. You were present with your mom when
2 she reported David to the Los Angeles Police
3 Department, right.
4 A. Which time.
5 Q. Well, there was October — excuse me,
6 October 1st, 2001, do you remember that.
7 A. The one that I asked her to call the police,
8 I was present for that one. But the one that — the
9 first one, I don’t — I wasn’t there.
10 Q. Were you present when your mother told the
11 Los Angeles Police Department that Michael Jackson,
12 Fritz Coleman and Kobe Bryant would assist her with
13 this incident.
14 A. I don’t remember that.
15 Q. Okay. Were you present with her on
16 October 4th, 2001, when she called the Los Angeles
17 Police Department about your father.
18 A. I don’t know the dates, but I was only
19 present after I told her what had happened with me
20 and my father. Then she called the police. The
21 other one — any other incident I was not present.
22 Q. Were you present when she told the police
23 officer from Los Angeles that she wanted to show him
24 a videotape and numerous photos of she and her
25 children spending time with various celebrities.
26 A. I don’t remember that.
27 Q. Okay. Do you recall your mother said on the
28 Brad Miller interview that Michael Jackson prayed 1004
1 with the family.
2 A. Yes, I heard it.
3 Q. That happened one time in the theater,
4 didn’t it.
5 A. No.
6 Q. You don’t remember that.
7 A. No.
8 Q. Do you remember the family praying with
9 Michael Jackson.
10 A. Not really.
11 Q. Okay. Do you think maybe your mother and
12 Michael and the brothers did it without you.
13 A. I don’t believe so.
14 Q. Is that possible.
15 A. My mom prays like every couple of seconds,
16 like little prayers, so —
17 Q. Okay.
Mesereau finished up his cross-examination by asking Davellin about her meeting with Stan Katz, and if she was truthful throughout her testimony:
17 Q. Okay. Now, you discussed the Bashir tape
18 with Attorney Larry Feldman, didn’t you.
19 A. I don’t remember what we discussed.
20 Q. Well, didn’t your family approach him and
21 talk about the Bashir tape.
22 A. All I remember — we had a meeting that day.
23 I don’t remember. It was too long ago.
24 Q. Did you ever drink alcohol on a plane where
25 Michael Jackson was present.
26 A. I didn’t drink alcohol on a plane.
27 Q. Thank you.
28 Do you recall meeting with a psychologist 1005
1 named Stan Katz.
2 A. I remember meeting Mr. Katz.
3 Q. And you were referred to him by Attorney
4 Larry Feldman, right.
5 A. All I know is we went that day.
6 Q. And to your knowledge, Mr. Katz has a
7 business relationship with Attorney Larry Feldman,
9 A. I don’t know.
10 Q. Okay. One final question: Have you told
11 the truth throughout your testimony.
12 A. Yes.
13 MR. MESEREAU: Thank you.
14 THE COURT: Mr. Sneddon.
15 MR. SNEDDON: Be right there, Your Honor.
16 Just wanted to make arrangements to have the
17 next witness brought down, Your Honor.
Sneddon chose to have a redirect examination of Davellin, and he asked her to describe why she wanted her mother to call the police on her father, who her mother really credited for Gavin’s recovery, and why she lied to the social workers during their interview with the family:
19 REDIRECT EXAMINATION
20 BY MR. SNEDDON:
21 Q. All right. Miss Arvizo, first of all, I’d
22 like to direct your attention to the time that you
23 were in the car with Vinnie and your brother outside
24 The Laugh Factory. Okay.
25 A. Yes.
26 Q. At some point in time you were given a
27 message by Vinnie and sent inside, correct.
28 A. Yes. 1006
1 Q. What was the message that he gave you to
2 give to your mother.
3 A. To tell my mom to hurry up, because we
4 needed to go.
5 Q. Is that what you did.
6 A. Yes, I went and got her. Or I went and told
7 her. She came out after me.
8 Q. After you gave the message, did you stick
9 around at all.
10 A. No, I went.
11 Q. Now, you told the jury that there was this
12 incident which led to your request to have your
13 mother call the police —
14 A. Yes.
15 Q. — involving you and your father.
16 A. Yes.
17 Q. What happened.
18 A. It was before school. I was walking to
19 McDonald’s to go get something to eat. And my
20 father was parked in the parking lot at McDonald’s
21 across from my high school, and he started waving at
22 me, and to — going like this, to “come here.” And
23 I just kept trying to go and I didn’t want to, but I
24 was too scared of him. And I walked over, and he
25 told me to get in the car.
26 Q. So did you do that.
27 A. Yes.
28 Q. What happened when you got in the car. 1007
1 A. He locked the doors, and then he was just
2 telling me, “What are you guys doing.” And he just
3 started being mean to me. And I just, “Yes, Daddy.
4 Yes, Daddy. I’m sorry, I’m sorry.”
5 Q. Did you try to leave. Did you tell him you
6 wanted to leave.
7 A. I told him I had to leave. It was already,
8 like, during my first period. I had to leave. And
9 he just wouldn’t let me go. He said, “No, I need to
10 talk to you,” and he would grab my arm, and I didn’t
11 know — I was just really scared. I didn’t — I
12 didn’t know what to do.
13 Q. It’s okay. It’s okay.
14 During the time that you were in the car
15 with your father and he wouldn’t let you go, did he
16 ever molest you at that time.
17 A. No.
18 Q. Now, you’ve heard Mr. Mesereau use the word
19 “terrorist threats.” Do you remember him saying
21 A. Yes.
22 Q. Did you ever use those words to the police
24 A. No.
25 Q. Do you even know what that means.
26 A. All I know is the word “threats,” so I’m
27 just putting two and two together, like threatening
28 threats. I don’t know. 1008
1 Q. But you never used the word “terrorist”.
2 A. No.
3 Q. Now, you told the ladies and gentlemen of
4 the jury there was a time when you attempted to talk
5 to Carol Lamir about your father’s abusive behavior
6 towards the family.
7 A. Yes.
8 Q. Do you remember that.
9 A. Yes.
10 Q. And you indicated, I believe, that she
11 didn’t want to listen to it.
12 A. She didn’t want to listen to it. She always
13 seemed like she had kind of a — I don’t know, a
14 crush on my father, because my father would go cook
15 for her and stuff.
16 Q. I just have a couple more questions.
17 Before your family went to Miami to be with
18 the defendant in this case, Mr. Jackson – okay. –
19 before that time, your brother Gavin had already
20 been in remission.
21 A. Yes.
22 Q. For some time.
23 A. Yes.
24 Q. And did you ever hear your mother express
25 her belief as to who was responsible for that
27 A. Yes.
28 Q. Who. 1009
1 A. God. And only God.
2 Q. You never heard her mention Michael Jackson.
3 A. No.
4 Q. With regard to the — going back to the
5 incident with your father in the car, okay.
6 A. Okay.
7 Q. The one at school. I just — my colleagues
8 want me to ask you a question, so I’ll do it.
9 A. Okay.
10 Q. You said that you didn’t know the word
11 “terrorist,” but you knew the word “threats”.
12 A. Yes.
13 Q. Did you — in your conversations with police
14 officers in describing what happened, did you use
15 the word “threats”.
16 A. No, I just told them what he had told me.
17 Q. And what did he tell you.
18 A. That we better not say anything about what
19 happened, because he could have us killed.
20 Q. Do you know what the term “false
21 imprisonment” means.
22 A. Not really.
23 Q. Did you describe to the police officers what
25 A. Yes.
26 Q. And what words did you use to describe what
27 happened with regard to your ability to leave the
28 car. 1010
1 A. I told him he locked it, and that anytime I
2 really tried to leave, he would grab my arm and tell
3 me “No.”
4 Q. Now, lastly, with regard to the questions
5 that you were asked by Mr. Mesereau, and you were
6 candid with the jury and told them that there were
7 statements that you made to the social workers which
8 were not true, do you recall that.
9 A. Yes.
10 MR. MESEREAU: Objection; leading.
11 MR. SNEDDON: Foundational, Your Honor.
12 THE COURT: Overruled.
13 You may — go ahead.
14 Q. BY MR. SNEDDON: With regard to those
15 particular questions that you answered to Mr.
16 Mesereau that you had lied, why did you lie.
17 A. I don’t know. I just — I kind of still
18 liked Mr. Jackson, and I didn’t want him to get in
19 trouble. And I know I was scared because the
20 bodyguard was there before. And just mixed
21 feelings. I didn’t know, really. I was just….
22 MR. SNEDDON: All right. I have nothing
23 further, Your Honor. Thank you.
24 THE COURT: Mr. Mesereau.
25 MR. MESEREAU: Just briefly.
Mesereau briefly recross-examined Davellin to ask her what was the purpose of their interview with the social workers:
2 BY MR. MESEREAU:
3 Q. Ms. Arvizo, when the three social workers
4 came to Jay Jackson’s house and interviewed you,
5 they were asking you questions about your mother,
7 A. No.
8 Q. They were investigating whether your mother
9 was fit, true.
10 A. I really don’t remember what they were
11 investigating. I didn’t know what they were
13 Q. Well, it wasn’t really just Mr. Jackson that
14 they were asking questions about, right.
15 A. I don’t remember.
16 MR. MESEREAU: Okay. No further questions,
17 Your Honor.
18 MR. SNEDDON: Nothing further, Your Honor.
19 THE COURT: All right. Thank you. You may
20 step down.
21 MR. SNEDDON: May I have just a moment, Your
23 MR. MESEREAU: She’s subject to re-call,
24 Your Honor.
25 THE COURT: Yes, I didn’t excuse her.
26 MR. MESEREAU: Oh. Thank you.
27 MR. SNEDDON: Call Star Arvizo.
28 THE COURT: He called him. 1012
Summary of Davellin Arvizo’s testimony:
1. Davellin and her family met Jamie Masada, the owner of the Laugh Factory comedy club, in the year 1999 while attending a summer camp for disadvantaged children.
2. Gavin was diagnosed with cancer in 2000, and while in the hospital he requested to meet several celebrities, including Michael Jackson. Jackson then began to call Gavin on a regular basis to boost his morale, and invited the family to Neverland later that year in August. Davellin and her parents slept in the guest rooms.
3. On their very first day at Neverland, before they ate dinner that evening, Janet and David Arvizo had an argument, and David threw a soda can at Janet, stormed out of the room, and left Janet crying with Davellin and Star. There was an extensive history of physical and verbal abuse between both parents, and from the parents to the children.
4. After being away from Neverland throughout 2001, Davellin, Star, and Gavin were invited back there by Jackson in September 2002 to film a scene for Bashir’s documentary. Davellin had no advanced knowledge of the purpose of the trip. After the taping, the Arvizo children stayed overnight at the ranch and were driven home the next day. They did not see Jackson again after the taping until they were flown to Miami, Florida with Chris Tucker in February 2003.
5. When the Arvizo family arrived in Miami, they met Jackson’s entourage for the very first time (Frank, Marie Nichole, and Aldo Cascio, Dieter Wiesner, Ronald Konitzer, Nanny Grace, another nanny, Prince and Paris Jackson). Jackson did not allow anyone to watch the airing of the Bashir documentary, which premiered on ABC that night for the first time.
6. The next day, before leaving Miami, Chris Tucker treated Star and Gavin to a massage, and Davelline received a manicure and pedicure. They flew back on a chartered plane to Neverland, and Davellin testified that Gavin, Star, Janet, Michael Jackson & his children, Nanny Grace, another nanny, Marie Nichole, Aldo, and Jackson’s doctor were on the flight.
7. Davellin testified that Gavin sat next to Jackson, and she saw them sharing and drinking a can of soda, and that Jackson had given Gavin an expensive watch and a jacket. (This particular testimony was from paragraph 666 of the trial!) Later on during the trial, flight attendant Cynthia Bell testified that Davellin presented her with a fake ID, and she served Davellin alcohol because she believed that Davellin was 21 years old.
8. Within a week of arriving at Neverland, Davellin and Janet were taken to their grandmother’s home, and then to Major Jay Jackson’s home by ranch manager Jesus Salas because they claimed that there were “afraid”.
9. While at Jay Jackson’s home, the Arvizos were interviewed by Bradly Miller, a private investigator for Mark Geragos, who taped the interview. After the half-hour interview was completed, they were picked up and returned to Neverland. Davellin testified that upon her family’s return to Neverland, they were told by Frank Cascio that there were people making threats against them, and they needed to stay at Neverland.
10. For the filming of the rebuttal video on February 20th, 2003, Davellin claimed that she had lost her sense of friendship for Jackson, and she only cried during the video because of how her brother was teased at school after the documentary aired, and not because of her appreciation for Jackson’s help. The rest of the other statements made by her and her family were scripted by Dieter Weisner, according to Davellin.
11. Later in the morning, the Arvizo family were interviewed by the DCFS at Jay Jackson’s home. They were driven there by Vinnie Amen. Azja Pryor and her young son Dustin were there, as well as one of Jackson’s bodyguards. After the interview was over, Azja brought Davellin, Gavin and Star back to Neverland, and Janet stayed at Jay’s apartment.
12. After their return to Neverland, Davellin claimed that she saw her brothers drinking in the wine cellar with Jackson and Aldo Cascio. Davellin testified that she followed them down into the cellar and observed Jackson pouring alcohol into cups and everyone was drinking, and she was also offered a cup of wine by Jackson, and she drunk it. This was the only time Davellin claimed to have drunk alcohol at Neverland.
13. Davellin described an incident where she walked into Jackson’s bedroom and noticed her brothers were in there, and there were empty bottles of alcohol on the nightstand and on the desk.
14. Davellin testified that after going on a shopping trip to buy clothes and luggage for their trip to Brazil, Vinnie dropped her family at the Laugh Factory, where Janet and Gavin went inside to meet with Jamie Masada and William Dickerman for 30 minutes.
15. Davellin testified that she was told by her mother that Gavin had to take a urine sample to a doctor’s appointment during their stay at Neverland, and Vinnie took Janet and Gavin to the appointment. Davellin also testified that she saw Gavin pass the bottle of urine to Janet before they left Neverland to go to the appointment. Later that day, Vinnie and Gavin returned to Neverland, but Janet was taken to her parent’s home.
16. Janet then called Davellin and told her to pack their clothes, and after she had packed Gavin’s clothes into a suitcase, she claimed to have been told by Frank Cascio that she should just leave Gavin’s clothes at Neverland. They were then driven to Davellin’s grandparent’s home to be with Janet.
17. Prior to the end of her direct examination, Davellin testified that she saw changes in Gavin’s behavior while she was at Neverland, and after the family left. She claimed that he was once an affectionate person, but withdrew from people after he left Neverland. She also claimed that Jackson was constantly hugging and kissing Gavin, and she once saw Gavin laying on Jackson’s arm while they were in his bedroom, and Jackson was kissing him all over his head.
18. Under cross-examination, Davellin admitted that she told the grand jury that all of the nice things she said to the DCFS social workers about Jackson was true because that’s how she really felt about him at that time, but when asked why she said under cross-examination that she didn’t know why she said those nice things to the DCFS, Davellin said that she “remembered later on” what she really meant to say.
18. On June 26th, 2003, Davellin went to the Kaiser Permanente Hospital to get treatment for headaches after meeting with attorney Larry Feldman, and she was ordered by Feldman not to discuss her family situation. Davellin claimed that she couldn’t disclose her family situation because she was afraid of her father David. Mesereau asked Davellin if her mother Janet accompanied her to the hospital, and Davellin denied it and said her grandmother went with her, but when Mesereau showed her a copy of the medical report that stated that Janet was indeed with her, Davellin said that she was young at the time, and she would always refer to her grandmother as “mother”.
19. When questioned about the $20k dollars that was given to her family by Louise Palanker and spent on electronics and luxury items instead of the paying the builders who renovated Gavin’s room, Davellin denied all knowledge and put the blame on her father David.
20. Davellin denied ever seeing or knowing of her mother Janet asking anyone for money, and when questioned by Mesereau about why Janet said that “Nobody would help us!” on the rebuttal tape, Davellin testified that she was acting for the camera in order to please Dieter Weisner.
21. When asked by Mesereau about statements that she made to the DCFS social workers about taking a girlfriend with her to Neverland, and that her mother Janet had never neglected her before, Davellin admitted that they were both lies. She also refused to glance through the transcript of the DCFS interview because “she didn’t write the transcript”. Later on in her testimony, Davellin admitted that she lied about certain things during the DCFS interview.
22. Davellin denied having any knowledge of Janet’s solicitations for money from an ad placed in a local newspaper, and subsequently complaining that the ad didn’t include her bank account.
23. Davellin denied telling family acquaintance Carol Lamir about how abusive her parents were to her and to each other, about how the family was going to get a house in the Hollywood Hills, and other tales, which is a direct contradiction to Lamir’s interview with Mesereau’s private investigator Scott Ross on November 12th, 2004, which can be read in this defense pleading on pages 7-11.
24. In the 1990’s, Janet called the police, and Davellin reported to them that her father David had made terrorist threats, had falsely imprisoned her, and had molested her. Davellin claimed that she didn’t know that she had been molested until mother told her about it, and her father agreed that he had done it! However, this story is contradicted by what Davellin told family acquaintance Carol Lemere in 2000; she stated that Janet made her tell others that she had been molested by David, even though this wasn’t true. You can read Carol’s statement on page 27 of this document.
25. When questioned about the alcohol that she allegedly saw Jackson pouring wine into a bottle in his wine cellar with her brothers, and why she didn’t tell police investigators about this important detail in 2003 and 2004, Davellin exclaimed it’s because the police never asked her if Jackson poured the wine, and that “I didn’t know I had to say every little detail. I was young back then. I didn’t know that I had to say every little detail for it to be right. Different things come up.”
26. Davellin testified that when she and her family were taken to get passports for their trip to Brazil, they didn’t try to seek help and escape their “imprisonment” because Jackson’s people were “that scary”.
27. Davellin described an incident where Gavin shot both her and Janet Arvizo with a BB gun after they returned home from Neverland. She testified under cross-examination that Gavin was a much more aggressive person after he returned from Neverland, yet under Sneddon’s direct examination she asserted that Gavin had become more anti-social and withdrawn ever since his final departure from Neverland.
28. Davellin initially testified that she remembered nothing from the JC Penney case, but when she was asked by Mesereau about giving a deposition in that case, it all of a sudden jogged her memory. She claimed that she could remember being present for Gavin’s deposition, but not Star’s, even though Mesereau presented her with a transcript of Star’s deposition.
29. Mesereau caught Davellin in another lie when she denied knowing the full extent of Gavin’s misbehavior in school. Davellin initially testified she didn’t know of any disciplinary problems that Gavin had ever had at school, yet she later admitted that she was with him as he gave his deposition during the JC Penney case, during which he admitted that he had been suspended from school for fighting.
30. Davellin initially told police in 2003 that she had only been in Jackson’s wine cellar once (during which she allegedly saw Jackson pouring alcohol and offering it to Gavin and Star), but under direct examination by Sneddon she claimed that she had been down there many times! When she was challenged by Mesereau to explain this discrepancy, Davellin stated that she “misunderstood” the questions given to her by police.
31. During her direct examination, Davellin testified that her brothers always left her alone when they were at Neverland, as they would venture off into other areas by themselves, but under cross-examination, Davellin testified that anytime Jackson was away, her brothers were with her.
32. Mesereau finished his initial cross-examination of Davellin by asking her if she had told the truth throughout her testimony, and Davellin answered “yes”. Yeah, whatever.
Next up is the direct examination of Star Arvizo! Here’s the link: http://vindicatemj.wordpress.com/2012/05/29/march-7th-2005-trial-analysis-davellin-arvizo-cross-examination-and-star-arvizo-direct-examination-part-2-of-3/