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March 29th, 2005 Trial Analysis: Robert Spinner (Cross Examination), Jamie Masada, Cynthia Bell (Direct & Cross Examination), Part 3 of 3

October 1, 2012

When Masada was asked to describe the first few meetings between himself, the Arvizos, and William Dickerman, he testified that nobody called the police, although it was “suggested” in the third meeting:

14 Q. Okay. How long were you in Larry Feldman’s

 

15 office?

 

16 A. Maybe about — not even his office. I was

 

17 never in his office. I was never in his office.

 

18 Describe his office. What do you mean by “office”?

 

19 Q. What do you think “office” means?

 

20 A. “Office” meaning if I go to Judge office, he

 

21 have his office up there. This is courtroom. This

 

22 is waiting room. I was in waiting room. I never

 

23 went to Judge office. That’s why I call it Judge

 

24 office.

 

25 That’s a waiting room. I was in the waiting

 

26 room. I never went to his office. That’s what I

 

27 meant by “office.”

 

28 Q. Okay. So you were in Larry Feldman’s 4102

 

1 waiting room while the Arvizos were in Larry

 

2 Feldman’s office, right?

 

3 A. No, they were sitting waiting with me.

 

4 Q. Okay.

 

5 A. We waited there.

 

6 Q. At some point did Attorney Larry Feldman

 

7 come out and see all of you?

 

8 A. No, somebody, I don’t know who, what,

 

9 somebody came out, said, “We going to take you to

 

10 conference room.”

 

11 They take me to conference room. And after

 

12 we went to conference room, I — I told Janet that I

 

13 felt uncomfortable, I want to leave, and then at

 

14 that point they went — they went to talk. And

 

15 somebody came, I don’t know if it was Larry.

 

16 Whoever it was, they said, “Jamie, you could leave.”

 

17 Q. Did you leave?

 

18 A. Yes, sir. Yes.

 

19 Q. Did you ever see Attorney Larry Feldman

 

20 again?

 

21 A. On T.V.

 

22 Q. Did you ever personally see him again?

 

23 A. No, I never saw him personally.

 

24 Q. Okay. Now, let me just go back to your

 

25 meetings with Attorney Bill Dickerman and the

 

26 Arvizos, okay?

 

27 A. Yes, sir.

 

28 Q. The first meeting at Bill Dickerman’s 4103

 

1 office, correct?

 

2 A. Yes, sir. No, not in his office. Again, in

 

3 a conference room. Let me make a correction.

 

4 Q. The first meeting is in the offices of

 

5 Attorney Bill Dickerman in a conference room,

 

6 correct?

 

7 A. Yes, sir.

 

8 Q. And present are Attorney Bill Dickerman and

 

9 the Arvizos, correct?

 

10 A. Yes, sir.

 

11 Q. Did anyone call the police at that meeting?

 

12 A. Not as far as I knew.

 

13 Q. Okay. The second meeting you had with the

 

14 Arvizos and Attorney Bill Dickerman was at The Laugh

 

15 Factory, correct?

 

16 A. Yes, sir.

 

17 Q. And nobody called the police at that

 

18 meeting, correct?

 

19 A. No, sir. It was suggested.

 

20 Q. Nobody called the police at that meeting,

 

21 correct?

 

22 A. And I said it was suggested. Not called.

 

23 Q. The third meeting between Attorney Bill

 

24 Dickerman and the Arvizos was at The Laugh Factory,

 

25 right?

 

26 A. Yes, sir.

 

27 Q. Nobody called the police at that meeting,

 

28 correct? 4104

 

1 A. No, sir.

 

2 Q. Did you say there was another meeting with

 

3 Attorney Bill Dickerman and the Arvizos that you

 

4 were somehow involved in?

 

5 A. Yes, sir.

 

6 Q. And where was that?

 

7 A. That was — I was going to — I was going to

 

8 watch Gavin and Star. They were playing on the

 

9 baseball team —

 

10 MR. MESEREAU: Your Honor, I’d request the

 

11 witness just respond to the question.

 

12 THE WITNESS: What was — did I say wrong?

 

13 THE COURT: The question was, “And where was

 

14 that?” You had another meeting.

 

15 MR. MESEREAU: Where was the —

 

16 I’m sorry, Your Honor. I’ll rephrase.

 

17 THE COURT: All right.

 

18 Q. BY MR. MESEREAU: Where did the fourth

 

19 meeting involving you, the Arvizos and Attorney Bill

 

20 Dickerman take place?

 

21 A. It was in the restaurant in Farmers Market

 

22 in Los Angeles, California. And then from there, we

 

23 went to baseball team behind farmers market.

 

24 Q. So the meeting between you, the Arvizos and

 

25 Attorney Bill Dickerman took place in farmers market

 

26 in Los Angeles?

 

27 A. Yeah. Again, can you describe what you mean

 

28 “meeting”? To clarify that. 4105

 

1 Q. Did you meet with Attorney Bill Dickerman

 

2 and the Arvizo family at the farmers market in Los

 

3 Angeles?

 

4 A. Yes, I did.

 

5 Q. That meeting occurred after the three prior

 

6 meetings between the Arvizos and Bill Dickerman that

 

7 you’ve described, true?

 

8 A. I think so. I’m not sure.

 

9 Q. And nobody called the police at that

 

10 meeting, correct?

 

11 A. No, sir. No, sir.

 

In this excerpt, Masada is questioned by Mesereau about statements he gave to the police regarding Jay Jackson and Janet approaching him for financial assistance on multiple occasions, despite his hefty salary and her JC Penney settlement. Notice how Mesereau asked Masada if the prosecution only asked for checks written to David Arvizo, while ignoring the checks that were written to Janet:

3 Q. BY MR. MESEREAU: You told the Santa Barbara

 

4 Sheriffs that on more than one occasion Janet and

 

5 Jay Jackson approached you for assistance, correct?

 

6 MR. ZONEN: Judge, I’m going to object as

 

7 hearsay. Unless it’s a prior inconsistent

 

8 statement.

 

9 THE COURT: I’ll sustain the objection.

 

10 Q. BY MR. MESEREAU: Periodically, Jay Jackson

 

11 and Janet would ask you for assistance, right?

 

12 A. No, only twice Jay ask me. And he didn’t

 

13 ask me for assistance. I volunteered. Don’t change

14 it around.

 

15 Q. Well, you just said he asked you, didn’t

 

16 you?

 

17 A. We were talking about it. He said they

 

18 didn’t have enough money to pay for the thing. And

 

19 I said, “I’ll pay for it.” He didn’t say, “Give me

 

20 the money.” This is a different thing. If you ask

 

21 me for money, it’s different.

 

22 Q. What do you think he was suggesting when he

 

23 told you he didn’t have money to pay for these

 

24 things?

 

25 A. Meaning maybe they didn’t have money. You

 

26 don’t know. I don’t know. How do you know if they

 

27 didn’t have money? Maybe they didn’t have. Maybe

 

28 they were broke by that point. I have no idea. 4112

 

1 Q. Did you issue checks to Gavin, Star and

 

2 Davellin?

 

3 A. Yes, I did.

 

4 Q. And how many checks did you issue to Gavin,

 

5 if you know?

 

6 A. I think one time they performed, the time to

 

7 make them become — the only — you know, a lot of

 

8 people, they go around, they say, “I’m a comedian.

 

9 I’m a this. I’m an actor. I’m a this, that, and

 

10 that.” They just call themselves. They never get

 

11 paid for it.

 

12 But to make performance, like Gavin, Star,

 

13 and Davellin, to make them a performer, you pay them

 

14 as a comic. And I did pay them as a comic one time.

 

15 Q. Now, the government prosecutor, Mr. Zonen,

 

16 showed you two checks —

 

17 A. Yes.

 

18 Q. — that you had written to David Arvizo,

 

19 correct?

 

20 A. Yes, sir.

 

21 Q. But you told the Santa Barbara Sheriffs that

 

22 you wrote a check to Janet or Jay on one occasion,

 

23 correct?

 

24 A. Yeah, I think so. I did to Jay or Janet,

 

25 I’m not sure which one, yeah.

 

26 Q. And you told them the check was endorsed by

 

27 Janet Arvizo?

 

28 A. I never said it was endorsed. I don’t look 4113

 

1 at the back of the check, whose endorsement.

 

2 Q. Would it refresh your recollection if I show

 

3 you the police report?

 

4 A. The check? The police report, I don’t care

 

5 what — I don’t look at the back of the check. I

 

6 don’t look at the back of the check. Maybe you

 

7 misunderstood.

 

8 Q. Let me just ask the question. You just have

 

9 to answer it. It’s being recorded.

 

10 A. Sorry.

 

11 Q. Would it refresh your recollection —

 

12 A. Yes.

 

13 Q. — about your telling the Santa Barbara

 

14 Sheriffs —

 

15 A. Yeah.

 

16 Q. — that Janet Arvizo endorsed that check if

 

17 I show you the police report?

 

18 MR. ZONEN: I’ll object to references and

 

19 statements to Santa Barbara Sheriffs as hearsay,

 

20 unless they’re prior consistent statements.

 

21 THE COURT: The objection is overruled. He’s

 

22 asking about refreshing his memory.

 

23 THE WITNESS: I don’t recall that. I do not

 

24 recall that.

 

25 Q. BY MR. MESEREAU: Would it refresh your

 

26 recollection if I show you what they say you said?

 

27 A. No, it doesn’t make any difference. I know

 

28 what I said. I don’t recall it. So you can say 4114

 

1 anything you want.

 

2 Q. Do you recall ever writing a check for Shana

 

3 Traunfeld?

 

4 A. Yes, I did.

 

5 Q. And that check was to purchase a bed for the

 

6 Arvizo children, correct?

 

7 A. “Arvizo children.” Describe what “Arvizo

 

8 children” means.

 

9 Q. What do you think it means?

 

10 MR. ZONEN: I’m going to object as vague.

 

11 THE WITNESS: My —

 

12 THE COURT: He’s asking for more specific

 

13 names, please.

 

14 Q. BY MR. MESEREAU: Did you ever issue a

 

15 check —

 

16 A. Yeah.

 

17 Q. — to Shana Traunfeld —

 

18 A. Yeah, who was my assistant.

 

19 Q. — for the purpose of purchasing a bed for

 

20 any of the three Arvizo children?

 

21 A. Yes, I did.

 

22 Q. When was that?

 

23 A. The time we went up there for Christmas. I

 

24 went up there to see them, give them something for

 

25 Christmas. I saw the kid, half of his face was

 

26 swollen up. He had a lot of scar on his face, and

 

27 they were sleeping on the floor.

 

28 I felt bad. I went and told them 4115

 

1 immediately, “Buy them a bunk bed. At least get

 

2 them something going.” They were living on the

 

3 floor. God.

 

4 Q. Did you ever give any member of the

 

5 prosecution team a copy of that check?

 

6 A. I don’t — my office supposed to give it.

 

7 Q. Did Prosecutor Zonen ever ask you if you

 

8 could give him a copy of that check?

 

9 A. Mr. Zonen himself? Never.

 

10 Q. Does Prosecutor Zonen ever ask you to give

 

11 him copies of any other checks that you wrote to any

 

12 member of the Arvizo family besides David?

 

13 A. Okay. No. The prosecution, Mr. Zonen

 

14 himself, or all of the guys? You got to declare.

 

15 Mr. Zonen you’re talking about? Only Mr. Zonen?

 

16 Or of his team?

 

17 Q. Only Mr. Zonen.

 

18 A. Mr. Zonen, no, I don’t think so. I don’t

 

19 recall he called me asking me that.

 

20 Q. Do you recall any member of the prosecution

 

21 team ever asking you for copies of checks you wrote

 

22 to members of the Arvizo family other than David?

 

23 A. Yes. They’re people, they ask me.

 

24 Q. Who?

 

25 A. I don’t remember his name.

 

26 Q. Did you give copies of those checks to them?

 

27 A. I think I — I told my office to give them

 

28 whatever they need. 4116

 

1 Q. Do you know if that ever happened?

 

2 A. I think it happened. I’m not sure. I think

 

3 it did happen.

 

4 Q. Did any of these prosecutors sitting at the

 

5 table ever ask you for copies of those checks?

 

6 A. Those three people? No.

 

7 Q. Okay. They only wanted checks involving

 

8 David, correct?

 

9 MR. ZONEN: Objection as to what they wanted

 

10 as speculative.

 

11 MR. MESEREAU: I’ll rephrase it, Your Honor.

12 THE COURT: All right.

 

13 Q. BY MR. MESEREAU: In truth, Mr. Masada —

 

14 A. Yes.

 

15 Q. — the prosecution in this case only wanted

 

16 copies of checks you wrote to David?

 

17 MR. ZONEN: Objection as to what they wanted

 

18 and speculative on his part.

 

19 THE COURT: Sustained.

 

20 Q. BY MR. MESEREAU: You said you told someone

 

21 at your office to give members of the prosecution

 

22 checks you’d written to the Arvizos, is that

 

23 correct?

 

24 A. Yes, sir.

 

25 Q. Who did you ask at your office to do that?

 

26 A. I told my assistant or my accountant to find

 

27 the checks and, you know, make a copy and give it to

 

28 them. 4117

 

1 Q. Now, you wrote other checks to members of

 

2 the Arvizo family that you can’t locate, correct?

 

3 A. I don’t know what you mean by that.

 

4 Q. Do you remember telling the Santa Barbara

 

5 Sheriffs that there were other checks you wrote as

 

6 gifts to the Arvizos that you can’t find?

 

7 A. That was the three checks of the $50, I

 

8 think it was, that I did put them — I don’t know if

 

9 they ever found them.

 

10 Q. Didn’t you say you could not retrieve copies

 

11 of those checks?

 

12 A. Yeah, I did. I ask — I ask my accountant,

 

13 and he said, “I don’t know. I don’t know where they

 

14 are.” And he said, “Wherever they are, I can’t find

 

15 them.” And I said, “Go find them.”

 

16 Q. Did you ever find them?

 

17 A. I really — I think they did. I’m not sure.

 

18 I’m not going to say something. I’m not sure.

 

19 Q. In his direct examination, the prosecutor

 

20 didn’t refer to any of those checks, did he?

 

21 MR. ZONEN: I’ll object as irrelevant.

 

22 THE COURT: Sustained.

During this next line of questioning about his lack of recollection regarding statements he gave to the police about a check he gave to the Arvizos, Masada made a startling admission: he suffers from dyslexia, and he blamed his condition for his poor memory and inability to properly recollect events:

23 Q. Do you remember telling a Santa Barbara

 

24 Sheriffs officer —

 

25 A. Yeah.

 

26 Q. — that you wrote Janet a check for

 

27 Christmas?

 

28 A. Write Janet a check for Christmas. No, I 4124

 

1 don’t recall that.

 

2 Q. Would it refresh your recollection if I show

 

3 you a transcript of your interview?

 

4 A. I mean, I’m just saying I don’t recall it.

 

5 Q. Would it possibly help you recall it if I

 

6 showed you a transcript of your interview?

 

7 A. I’m telling you, I don’t recall. If I don’t

 

8 recall and you show me anything, I don’t recall

 

9 saying that.

 

10 Q. You don’t want to give it a try?

 

11 A. First of all, I have dyslexia. I can’t see

 

12 very good, so you’re going to read it to me. If you

 

13 want, bring it over.

 

14 Q. Did you ever tell a Santa Barbara Sheriffs

 

15 officer during a recorded interview, “I did write a

 

16 check personally, 800, a thousand dollars, whatever,

 

17 you know, not this Christmas, Christmas before that

 

18 to Janet.” Do you remember saying anything like

 

19 that?

 

20 A. Maybe I meant David. I wrote the check for

 

21 David, $800. Maybe that’s — somehow I mix up the

 

22 name. That could be.

 

23 Q. You may have written a check to David for a

 

24 thousand?

 

25 A. For 800 to a thousand, yes.

 

26 Q. Do you recall saying you gave Janet a check

 

27 at any time?

 

28 A. I might have made a mistake, their name 4125

 

1 together.

 

2 Q. Okay. Okay.

 

3 THE COURT: Let’s take a break.

 

4 (Recess taken.)

Next, Masada admits that he spoke with Louise Palanker after her testimony, and she complained to him that Mesereau was making the court “like OJ’s court or Robert Blake’s court”, which immediately raised Mesereau’s suspicions that she discussed her testimony with him, which is something that she was forbidden to do. Mesereau questioned Masada about his knowledge of her statements to police in which she called him a “pathological liar”:

7 Q. You know Louise Palanker, correct?

 

8 A. Yes, I do.

 

9 Q. And when did you first meet her?

 

10 A. Several years ago. She’s — she comes in.

 

11 She volunteers, you know. She’s — she’s a lady,

 

12 she volunteers, you know, sometimes for charity,

 

13 different stuff, especially times at Christmas, we

 

14 do for homeless. She comes in, she dish up some

 

15 food for homeless people. And she comes in, we do

 

16 some services for high holidays, Jewish high

 

17 holidays. That’s what we do.

 

18 Q. And would you call her a regular at The

 

19 Laugh Factory?

 

20 A. No, she’s not regular, what you describe

 

21 regular, regular comics or regular —

 

22 Q. Do you see her often?

 

23 A. I haven’t seen her lately.

 

24 Q. Is she a good friend of yours?

 

25 A. She’s — she’s one of those ladies, she want

 

26 to be a comic and you try to help her. And

 

27 sometimes being — trying to help them, you got to

 

28 give them bad news. 4126

 

1 (Laughter.)

 

2 A. Like if I tell them they’re not funny, they

 

3 take it very personal.

 

4 Q. I gather you told her she’s not very funny.

 

5 A. Well, I — let me tell you. I find you are

 

6 more funny than she is.

 

7 (Laughter.)

 

8 Q. Could I join your comedy class? I’m in the

 

9 wrong profession, I guess.

 

10 A. I think so. You got a job after this case

 

11 is over. Come see me.

 

12 Q. When did you learn Louise Palanker had

 

13 donated $20,000 to the Arvizo family?

 

14 A. I think I told you about it. At the time I

 

15 find out, I was going to find an apartment for

 

16 Gavin, because he was coming out of the hospital and

 

17 he needed a sanitated — meaning the room, it had to

 

18 be sanitation room, and I find out Louise went and

 

19 wrote the check. She’s a very rich woman. She

 

20 wrote the check.

 

21 Q. And when did you learn about that?

 

22 A. I don’t remember. I don’t remember the

 

23 date.

 

24 Q. Did she ever come to you to talk about it?

 

25 A. No, she never talked about it. She — I

 

26 heard about it. She gave it to them, and I — I

 

27 thank her.

 

28 Q. When did you thank her? 4127

 

1 A. I don’t remember. Some — one of the

 

2 conversations we had. I don’t remember.

 

3 Q. Did you learn at some point that she wrote

 

4 two checks, not one?

 

5 MR. ZONEN: I’m going to object as

 

6 irrelevant, lack of foundation and hearsay.

 

7 THE BAILIFF: Your microphone’s not on.

8 THE COURT: Overruled.

 

9 You may answer. You may answer.

 

10 THE WITNESS: You want my answer? I’m sorry.

 

11 Yes, I did.

 

12 Q. BY MR. MESEREAU: And approximately when did

 

13 you learn that?

 

14 A. I cannot recall. I — sometime.

 

15 Q. When did you last see Louise?

 

16 A. Maybe about year, year and a half ago, two

 

17 years ago.

 

18 Q. Did you ever discuss this case with her?

 

19 A. No. She called me, told me she came to the

 

20 court and whatever, whatever. She did say that

 

21 afterwards.

 

22 Q. When was this?

 

23 A. I believe she was driving from the court

 

24 home.

 

25 Q. Was this last week?

 

26 A. Last week, yeah.

 

27 Q. She called you after she left court?

 

28 A. I think so. Sometime afterwards. 4128

 

1 Q. Did she discuss with you anything she had

 

2 said in court?

 

3 A. She said that you have made this court like

 

4 O.J.’s court or Robert Blake court, and you was

 

5 changing the words around and you made it — lied.

 

6 You lied and you changed the words and took the

 

7 stuff out of context, and she told me a bunch of

 

8 stuff.

 

9 And I said, “Well, hey, you go there, you

 

10 tell the truth. That’s what it’s all about,” and I

 

11 didn’t want to hear it.

 

12 Q. She complained to you that she had been

 

13 secretly recorded by the sheriffs calling you a

 

14 pathological liar, correct?

 

15 MR. ZONEN: I’m going to object as

 

16 irrelevant and argumentative.

 

17 THE COURT: Sustained.

 

18 Q. BY MR. MESEREAU: Mr. Masada —

 

19 A. Yes.

 

20 Q. — you’ve told the jury what she called to

 

21 tell you about after court, correct?

 

22 A. Yes.

 

23 Q. And isn’t it true that she called because

 

24 she was worried that she had been recorded secretly

 

25 by the sheriffs calling you a liar?

 

26 MR. ZONEN: I’m going to object as lack of

 

27 foundation. As well, argumentative and speculative

 

28 as to what she was worried about. 4129

 

1 THE COURT: It’s not relevant. Sustained.

 

2 Q. BY MR. MESEREAU: Your answer to that last

 

3 question was not truthful, was it?

 

4 MR. ZONEN: What last question are you

 

5 referring to? It was sustained, Your Honor, the

 

6 last two questions.

 

7 MR. MESEREAU: I’ll rephrase it, Your Honor.

 

8 Q. Your answer to this jury under oath —

 

9 A. Yes.

 

10 Q. — to the question about what Louise

 

11 Palanker called you about after court was not the

 

12 truth, was it?

 

13 MR. ZONEN: Objection; argumentative.

 

14 THE WITNESS: It was truth. I don’t know

 

15 what you’re talking about. That’s what she said.

 

16 THE COURT: I’ll let the answer stand.

Mesereau ended his cross examination on a high note; he forced Masada to admit that in December 2003 he told police that Star never mentioned anything about drinking wine at Neverland; instead, he mentioned sleeping pills, which is a material discrepancy from what Star told police, the grand jury, and the trial jury!

17 Q. BY MR. MESEREAU: Mr. Masada, do you

 

18 remember talking to a District Attorney investigator

 

19 about what Star Arvizo had said to you about

 

20 Neverland?

 

21 A. I don’t know what conversation you’re

 

22 talking about. Refresh my memory, please, if you

 

23 don’t mind. I spoke to them many times.

 

24 Q. Let’s go back to December 23rd, 2003. Do

 

25 you remember talking to a District Attorney

 

26 investigator named Tim Rooney?

 

27 A. If you said so.

 

28 Q. Remember telling that investigator that you 4130

 

1 had discussed with Star Arvizo what Star experienced

 

2 at Neverland?

 

3 A. If you refresh my memory about it. I

 

4 discussed it — refresh my memory, if you don’t

 

5 mind, please.

 

6 Q. Do you remember telling the District

 

7 Attorney investigator that you had discussed Star

 

8 Arvizo’s claims regarding Michael Jackson’s alleged

 

9 abuse at Neverland?

 

10 A. I don’t recall what I have said. Can you —

 

11 what was — again, re — say it some more, please.

 

12 Q. Sure. Do you remember telling a District

 

13 Attorney investigator named Tim Rooney that you had

 

14 discussed with Star Arvizo what Star experienced

 

15 with Michael Jackson at Neverland?

 

16 A. I don’t recall it right now.

 

17 Q. Remember telling a District Attorney

 

18 investigator that Star told you what he saw Michael

 

19 Jackson do at Neverland to he and his brother?

 

20 A. To do to him and his brother in Neverland?

 

21 Q. Yes.

 

22 A. No, I don’t recall that.

 

23 Q. Do you remember telling a District Attorney

 

24 investigator, “Star Arvizo never mentioned wine. He

 

25 mentioned sleeping pills”?

 

26 A. Oh, yeah. What he told me. I didn’t

 

27 discuss it. You got to clarify what you’re saying.

 

28 Q. Okay. 4131

 

1 A. Okay, let’s clarify.

 

2 Q. You told him, “Star never mentioned wine.

 

3 He mentioned sleeping pills,” correct?

 

4 A. Let me explain it to you, if you want me —

 

5 Q. Did you say that? Yes or no?

 

6 A. I think I did. Yes, I did.

 

7 MR. MESEREAU: I have no further questions,

 

8 Your Honor.

Zonen immediately tried to diminish the impact of Masada’s bombshell statement of not being told by Star about his being served wine at Neverland by having Masada fully describe the circumstances of his conversation with Star about what happened to him at Neverland. Masada stated that he “didn’t want to know anything about it”, but I find it hard to believe that someone who claims to have a deep affection for the Arvizo family wouldn’t want to know the details of his alleged abuse:

10 REDIRECT EXAMINATION

 

11 BY MR. ZONEN:

 

12 Q. Were you questioning Star Arvizo about what

 

13 happened at Neverland?

 

14 A. No, I did not.

 

15 Q. What was the context of that conversation

 

16 you just relayed to us?

 

17 A. They got in my car, and Gavin got in the car

 

18 and started to —

 

19 MR. MESEREAU: I’m going to object as

 

20 hearsay, Your Honor.

 

21 MR. ZONEN: It’s in response to the

 

22 questions elicited by counsel.

 

23 THE COURT: You need to be more specific.

 

24 Q. BY MR. ZONEN: What specifically was the

 

25 context of the conversation that talked about a pill

 

26 versus alcohol?

 

27 THE COURT: Are you — relating it to Star,

 

28 right? 4132

 

1 MR. ZONEN: Yes, with regard to Star.

 

2 Exactly.

3 THE WITNESS: Star got in my car and —

 

4 Gavin got in the car. Star got in the car. He said

 

5 something about, “I’ve got pills and I’ve got

 

6 sleeping pills.”

 

7 And at that point I have this guilt, this

 

8 Jewish guilt, I didn’t want to know about it. I

 

9 said, “I don’t want to know anything about it.”

 

10 I cut him off. I didn’t want to know

 

11 anything about it. And he was just trying to give

 

12 me some information that — I didn’t ask him what

 

13 has happened, what — any of that. I never ask him

 

14 anything.

 

15 Q. BY MR. ZONEN: Did he give you anything more

 

16 than five or ten seconds’ worth of information?

 

17 A. No, because I — I cut him off, because I

 

18 felt that’s not my position. I’m not —

 

19 Q. Did it appear that he wanted to talk to you

 

20 about what happened?

 

21 A. I think he wanted to talk to me.

 

22 Q. Was anybody else present at the time?

 

23 A. Gavin was present.

 

24 Q. Was he talking to you about what happened?

 

25 A. Gavin? No. I remember I felt uncomfortable

 

26 because Gavin put his head down, he was kind of like

 

27 almost teary, because something that he said. I

 

28 looked at Gavin, and I saw Gavin feel uncomfortable, 4133

 

1 and I look at Star, “Star, I don’t want to know

 

2 anything. Thank you. Let’s talk about another

 

3 thing. Let’s talk about baseball. Let’s talk about

 

4 something else.”

 

5 Q. Was Gavin’s behavior different when you saw

 

6 him after he came out of Neverland?

 

7 A. He was a little withdrawn. He was — with

 

8 me, anytime he saw me before, he hug me; he said, “I

 

9 love you.” Now he was kind of withdrawn. He

 

10 wouldn’t —

 

11 MR. MESEREAU: Objection; nonresponsive.

 

12 MR. ZONEN: I think it is.

 

13 THE COURT: Sustained.

 

14 Q. BY MR. ZONEN: How was his behavior

 

15 different after Neverland?

 

16 MR. MESEREAU: Objection; no foundation.

 

17 THE WITNESS: I don’t know if it was after

 

18 Neverland. I don’t know.

 

19 MR. MESEREAU: Beyond the scope.

 

20 THE COURT: Sustained.

Here is another last ditch attempt to rehabilitate the image of Janet Arvizo by having Masada emphasize the fact that she never asked him for money directly (even though she accepted money from him despite her JC Penney settlement and Jay Jackson’s $8k per month salary):

7 Q. BY MR. ZONEN: Did you pay any money toward

 

8 medical bills that you’re aware of for the Arvizo

 

9 family, or for Gavin specifically?

 

10 A. Never.

 

11 Q. Did anybody ask you to pay medical bills?

 

12 A. Never.

 

13 Q. Did Janet ever tell you she had medical

 

14 bills that she had to pay?

 

15 MR. MESEREAU: Objection; beyond the scope.

 

16 THE COURT: Sustained.

 

17 MR. ZONEN: Thank you. I have no further

 

18 questions.

Under further recross-examination, Masada was asked about the copies of the checks that he had written to the Arvizo family. Masada testified under redirect examination that they were saved by his accountant on a computer, but Mesereau questioned why Masada told police that he could not provide his accounting records to them because he claimed that he deleted them due to a computer virus! Seriously! I’m sure it was his dyslexia that made him forget!

20 RECROSS-EXAMINATION

 

21 BY MR. MESEREAU:

 

22 Q. You mentioned your computer in response to

 

23 the prosecutor’s questions. Do you recall

 

24 mentioning a computer?

 

25 A. I mentioned the check is computer, meaning

 

26 my accountant have some kind of computer.

 

27 Q. Right. Do you remember being asked by a

 

28 Santa Barbara sheriff if you could provide 4146

 

1 accounting records or books about what you had given

 

2 the Arvizos? Do you remember that?

 

3 A. I’m sure they did.

 

4 MR. ZONEN: I’m going to object as exceeding

 

5 the scope of the redirect examination.

 

6 MR. MESEREAU: I think it’s within the

 

7 scope, Your Honor.

 

8 THE COURT: Overruled.

 

9 You may answer.

 

10 Q. BY MR. MESEREAU: And do you remember your

 

11 response was, “Those books are gone because they

 

12 raise computer viruses”?

 

13 A. That could have been happened one, two — or

 

14 twice. It happened on my office computer, my

 

15 accountant, yeah.

 

16 Q. That is what you told the Santa Barbara

 

17 sheriffs, right?

 

18 A. I could have. I don’t know. If that

 

19 happened at that time, I would have told them, yes.

 

20 Q. You said, “Those books are gone because they

 

21 raise computer viruses,” right?

 

22 MR. ZONEN: Objection; asked and answered.

 

23 THE WITNESS: That check is not confusing,

 

24 sir.

 

25 THE COURT: Just a moment.

 

26 The objection is sustained.

 

27 THE WITNESS: Oh.

 

28 MR. MESEREAU: No further questions. 4147

 

1 MR. ZONEN: No further questions.

 

2 THE COURT: All right. Thank you. You may

 

3 step down.

 

4 THE WITNESS: Thank you, sir.

 

5 THE COURT: Call your next witness.

 

6 MR. AUCHINCLOSS: People call Cynthia Ann

 

7 Bell.

 

8 THE COURT: Come to the front of the

 

9 courtroom, please.

 

10 When you get to the witness stand, please

 

11 remain standing, face the clerk here. Raise your

 

12 right hand.

Cynthia Bell looks very excited about her upcoming testimony!

The next prosecution witness was Cynthia Ann Bell, a flight attendant for XTra Jet International. She served Jackson on three chartered flights throughout the years, including the flight from Miami to Neverland in early February 2003. Here is her recollection of that flight:

14 Q. All right. Miss Bell, I’m going to show you

 

15 an exhibit marked as People’s 31. Can you identify

 

16 that person?

 

17 A. Yes.

 

18 Q. Okay. Who is that, please?

 

19 A. This woman was on a flight that I had done

 

20 with Xrtra Jet International. I believe, yeah, she

 

21 was definitely on that flight.

 

22 Q. Okay. Was it a flight in which Mr. Jackson

 

23 was a passenger?

 

24 A. Yes.

 

25 Q. And I want — I’m showing you People’s

 

26 Exhibit No. 49. I’d like you to — we’re having

 

27 trouble locating the picture I’m looking for, but if

 

28 you could ignore the woman in the middle. 4150

 

1 A. In the center.

 

2 Q. And just the three children. Have you seen

 

3 those three children before?

 

4 A. Yes, I have.

 

5 Q. Were they also on that same flight?

 

6 A. That’s correct.

 

7 Q. And do you recall where that flight flew

 

8 from and where it was headed to?

 

9 A. Yes, sir. That was from Florida to Santa

 

10 Barbara.

 

11 Q. Do you know the date of that flight?

 

12 A. It was either in February or March.

13 Actually, on the trip sheets, that would tell you

 

14 the exact dates, or I’m certain that —

 

15 Q. Do you have some notes that would refresh

 

16 your recollection about the exact date?

 

17 A. That’s correct.

 

18 Q. Do you have those with you?

 

19 A. No, I do not.

 

20 Q. All right. Now, that flight was you said —

 

21 what was the month?

 

22 A. I believe it was either February or March.

 

23 Q. And the flight started in Miami?

 

24 A. That’s correct.

 

25 Q. And flew to Santa Barbara?

 

26 A. Santa Barbara.

 

27 Q. And do you recall who was on that flight

 

28 other than those four individuals you’ve identified 4151

 

1 and Mr. Jackson?

 

2 A. Yes. Mr. Jackson’s children were on board.

 

3 His head governess, Grace. His head of security.

 

4 The mother of two of the children. And I believe

 

5 that there were — there was a medical doctor and

 

6 two other governesses.

 

7 Q. Do you know how long that flight took?

 

8 A. Approximately five hours.

 

9 Q. And were all the seats full?

 

10 A. Yes.

 

11 Q. Can you describe your duties on that flight?

 

12 A. Certainly. As a flight attendant, of

 

13 course, to greet the passengers and make certain,

 

14 upon take-off, that their needs are accommodated.

 

15 During the flight, continuous food and beverage

 

16 service.

 

17 Q. And how busy were you, if you recall, on

 

18 that particular flight?

 

19 A. Fairly busy.

 

20 Q. Did you ever have any breaks or downtime

 

21 where you were able to relax?

 

22 A. Typically, as a corporate flight attendant,

 

23 you don’t really have time. You’re typically pretty

 

24 busy. It’s a smaller aircraft, with fewer

 

25 passengers, and you’re typically just — there’s

 

26 never really any downtime.

 

27 Q. Okay. And how many people fly on a plane

 

28 like that, in total? 4152

 

1 A. Well, depending on the load, you could

 

2 possibly have 12, depending on the configuration of

 

3 your Gulfstream aircraft or your aircraft, depending

 

4 on your passenger load or where they’re going.

 

5 There’s times I’ve flown one passenger to London.

 

6 There’s been times where I’ve flown 16 passengers.

 

7 Q. My question, on that particular flight from

 

8 Miami to Santa Barbara, do you know how many people

 

9 were on the flight?

 

10 A. It was a full house. It was a full boat.

 

11 Q. And how many people would that be?

 

12 A. I believe it was in between 12 and 13.

Next, Auchincloss questioned Bell about the alcohol that she served to Jackson in Diet Coke cans. She testified that it was due to the fact that he was a private drinker, it was her idea to do so, and (pay attention to this!!) SHE ALSO SERVED OTHER CLIENTS THAT WAY!  Jackson usually drank alcohol from a plastic thermal, but there weren’t any available on that particular flight, so she used a soda can.

26 Q. On that flight from Miami to Santa Barbara,

 

27 did you serve Michael Jackson any alcoholic

 

28 beverages? 4153

 

1 A. Yes, I did.

 

2 Q. And was there anything peculiar about the

 

3 means or method that you served him alcoholic

 

4 beverages?

 

5 A. Yes.

 

6 Q. All right. Tell us what you mean by that.

 

7 A. Well, Mr. Jackson is a very private drinker.

 

8 I went ahead and initiated serving him in a Diet

 

9 Coke can.

 

10 Q. How many times in total have you flown where

 

11 you were a corporate flight attendant for Mr.

 

12 Jackson?

 

13 A. Probably about three.

 

14 Q. Was that with Xtra Jet each time?

 

15 A. No, sir, it wasn’t. I flew him with Pacific

 

16 Jet once prior.

 

17 Q. Were you previously employed with Pacific

 

18 Jet?

 

19 A. As a contract flight attendant.

 

20 Q. Was that before you worked for Xtra Jet?

 

21 A. Yes, as a full-time flight attendant, yes.

 

22 Q. Why did you serve Mr. Jackson alcohol in a

 

23 Diet Coke can?

 

24 A. A couple different reasons. I serve other

 

25 clients that way also. Why?

 

26 Q. Yes.

 

27 A. Because he’s a private — he was a private

 

28 drinker. 4154

 

1 Q. Whose idea was it?

 

2 A. It was mine.

 

3 Q. Okay. And when did you formulate that idea

 

4 to put the wine in a Coke can?

 

5 A. On the particular trip with Xtra Jet, I had

 

6 accidentally for — forgot and placed a wine glass

 

7 in front of him.

 

8 Q. You say you accidentally forgot. Did you

 

9 have some knowledge about the way that Mr. Jackson

 

10 liked his alcohol served?

 

11 A. Yes, because I had flown him prior, and he

 

12 had had alcohol in more of a plastic thermal, like,

 

13 mug-looking thing. I don’t know if that was just a

 

14 Pacific Jet thing.

 

15 Q. You served him alcohol previous on the

 

16 Pacific Jet flight in a plastic mug thing?

 

17 A. That’s correct.

 

18 Q. And under whose instructions did you serve

 

19 him alcohol in that method, and by that means, I

 

20 should say?

 

21 A. I don’t remember. I’m sorry.

 

22 Q. All right. But did Mr. Jackson ever tell

 

23 you to serve him wine in a Coke can?

 

24 A. No, he did not.

In this excerpt, Bell describes the seating arrangements of Gavin and Jackson:

25 Q. On that flight, do you know who was seated

 

26 next to Mr. Jackson?

 

27 A. At different times, different parties were

 

28 seated next to Mr. Jackson. For most of the time or 4155

 

1 for a lot of the time, there was a young man that

 

2 was seated next to him.

 

3 Q. Okay. Was he one of the children that I

 

4 showed you in the exhibit marked as People’s 49?

 

5 A. Yes, sir.

 

6 Q. Which young man are you talking about?

 

7 A. Well, he looks a lot older than that

 

8 picture, but I believe this, yeah.

 

9 Q. Okay. Indicating the boy in the blue shirt

 

10 with the stripe through the middle, the one on the

 

11 left-hand portion of the photograph?

 

12 A. That is correct. That is correct.

 

13 Q. The one where my finger is indicating?

 

14 A. That is correct.

 

15 Q. All right. Thank you.

 

16 A. Thank you.

 

17 Q. Do you know what his name is? Do you know

 

18 what that young man’s name is?

 

19 A. You’d have to refresh my memory.

 

20 Q. All right. That’s fine. If you don’t

21 recall, that’s fine.

 

22 A. Thank you.

 

23 Q. Okay. So what type of — what type of

 

24 seating arrangement was the area where Mr. Jackson

 

25 was sitting?

 

26 A. In that particular Gulfstream, it was club

 

27 seating, with a dinner table, a fixed dinner table.

 

28 Q. What’s club seating? 4156

 

1 A. Club seating is two by two.

 

2 Q. Two seats facing each other?

 

3 A. Actually, it’s a four-seated club

 

4 configuration. So two passengers could face

 

5 forward, two passengers could face aft in that

 

6 particular seating of the aircraft.

 

7 Q. We don’t apparently have an unmarked

 

8 diagram, so I’m going to ask you just to explain it

 

9 as specifically as you can.

 

10 So you have two seats that are side by side.

 

11 Is that fair to say?

 

12 A. Do you want me to sort of give you a

 

13 demonstration of what —

 

14 Q. No. Just two seats side by side, normal

 

15 airplane seats?

 

16 A. Two seats side by side, yeah, normal —

 

17 we’re not like the airliners, so it’s not — when

 

18 you say “normal,” like normal seats, no. I mean,

 

19 they’re big, overstuffed seats, leather, with

 

20 armrests, you know, separated armrests, but they are

 

21 side by side.

 

22 Q. Is there anything in between the two seats?

 

23 A. On that particular aircraft, you could lower

 

24 the armrests —

 

25 Q. Okay.

 

26 A. — to —

 

27 Q. So you could lower an armrest between the

 

28 two seats or you could lift it up? 4157

 

1 A. That’s correct.

 

2 Q. All right. And then you have another two

 

3 seats. You have a table and then another two seats

 

4 that are facing the opposite direction?

 

5 A. Right. It would almost be like — seated

 

6 like if you were at a restaurant. A seat here, a

 

7 seat here, a seat there, a seat here.

 

8 Q. That’s fine. And you said that Mr. Jackson

 

9 was seated most of the time near the young boy that

 

10 you identified?

 

11 A. For — yes.

 

12 Q. Okay.

 

13 A. Along with Prince and Paris, his children.

 

14 They were always with Mr. Jackson when — you know,

 

15 on the other side or in his lap.

Here are more details of Jackson’s alcohol consumption on that flight:

19 Q. And the period of time that he was seated

 

20 next to Mr. Jackson, at any time during this flight,

 

21 did you ever see Mr. Jackson share his — well, let

 

22 me strike that and start with the question, can you

 

23 characterize how much wine Mr. Jackson consumed on

 

24 that flight, if you recall?

 

25 A. It was a long flight. Yes, we went through

 

26 our white wine, and so I would say a bottle or two.

 

27 Perhaps even — because I know I opened red wine,

 

28 but I think I was serving red wine also to — I 4158

 

1 was — actually the medical doctor had rum and Coke

 

2 and then went to red wine, so I was serving —

 

3 (Laughter.)

 

4 A. Well, that makes our flight sound scary.

 

5 Q. Okay. You said Mr. Jackson — was he the

 

6 only person drinking white wine; do you know?

 

7 A. Yes.

 

8 Q. And do you know approximately — you said

 

9 you opened one or two bottles of wine?

 

10 A. That’s correct.

 

11 Q. Do you know if you got into a second bottle?

 

12 A. I believe that I opened — that I — yes, I

 

13 believe that I had opened two bottles of white.

 

14 Q. Okay.

 

15 A. And one bottle of red, but they weren’t

 

16 completely consumed. I know the red was not

 

17 completely consumed.

 

18 Q. Okay. And the second bottle of white wasn’t

 

19 completely consumed?

 

20 A. That’s correct.

 

21 Q. Do you know if you served Mr. Jackson any

 

22 white wine — or, I’m sorry, any red wine?

 

23 A. I don’t remember.

 

24 Q. Do you know if you served Mr. Jackson any

 

25 mixed drinks?

 

26 A. On that — I don’t believe so.

 

27 Q. Okay. During this flight, how much of the

 

28 time, if you can recall, did Mr. Jackson have a 4159

 

1 drink at his seat?

 

2 A. An alcoholic beverage, or —

 

3 Q. Yes, that’s what I mean. I should have been

 

4 more specific.

 

5 A. Okay. The can was always there. Where he

 

6 was in club seating had an actual holder for the

 

7 can. The can was — was always present. I would

 

8 refill the can whether or not he was drinking the

 

9 beverage, consuming it the entire time. The drink

 

10 was always there is I guess what I’m trying to

 

11 maintain.

 

Here is the most important piece of testimony from Bell, and it deflated the prosecution’s assertion that Jackson shared his alcohol with Gavin:

12 Q. During this flight, did you ever see Mr.

 

13 Jackson share his can of wine with anyone else?

 

14 A. No.

 

15 MR. AUCHINCLOSS: Thank you. I have no

 

16 further questions.

 

17 THE WITNESS: Thank you.

Under cross examination, Bell reiterated that she had never seen Jackson sharing alcohol with children:

19 CROSS-EXAMINATION

 

20 BY MR. MESEREAU:

 

21 Q. Good afternoon, Ms. Bell.

 

22 A. Good afternoon.

 

23 Q. I’m Tom Mesereau. I speak for Michael

 

24 Jackson.

 

25 A. Thank you.

 

26 Q. Now, you’ve had one interview with the Santa

 

27 Barbara Sheriffs, correct?

 

28 A. That is correct. 4160

 

1 Q. And you also testified before a grand jury

 

2 in Santa Barbara about this case, right?

 

3 A. That is correct.

 

4 Q. Okay. Now, how many times do you think

 

5 you’ve flown with Michael Jackson?

 

6 A. I believe three; no more than six.

 

7 Q. And in none of the flights that you shared

 

8 with Michael Jackson — let me rephrase that.

 

9 At no time on any flight you’ve been on with

 

10 Michael Jackson have you ever seen him share wine

 

11 with any child, correct?

 

12 A. That is correct.

 

13 Q. You’ve never seen Michael Jackson share a

 

14 Diet Coke can with wine with any child, correct?

 

15 A. That is correct.

 

16 Q. You never saw the Arvizo children drinking

 

17 from a Diet Coke can with alcohol at any time,

 

18 right?

 

19 A. That is correct.

 

20 Q. You’ve never saw those children drinking

 

21 from a Diet Coke can with wine, correct?

22 A. That is correct.

 

23 MR. AUCHINCLOSS: Objection; asked and

 

24 answered.

 

25 THE COURT: Overruled. The answer is in.

 

26 Next question.

Next, Bell admitted that she served Davellin alcohol, despite the fact that she knew that Davellin was a minor:

27 Q. BY MR. MESEREAU: At no time did you ever

 

28 see any of the Arvizo children appear intoxicated, 4161

 

1 right? Let me rephrase that. I think it’s —

 

2 A. I actually served those children, but I

 

3 I.D.’d the oldest girl.

 

4 Q. You I.D.’d her?

 

5 A. I asked her for her identification.

 

6 Q. Did she give you identification?

 

7 A. She did, actually.

 

8 Q. Okay. And did it show she was 18?

 

9 A. It did not show that she was 18.

 

10 Q. Okay.

 

11 A. And I served her in crystal, knowing —

 

12 knowingly served her alcohol.

 

13 Q. You did?

 

14 A. I did.

 

15 Q. You never saw Michael Jackson give her

 

16 alcohol?

 

17 A. Absolutely not.

Next, Bell denies ever seeing Jackson fondle, caress, or touch any children in an inappropriate manner, and she described the extreme rudeness that was exhibited by Gavin:

18 Q. And you’ve never seen any inappropriate

 

19 behavior between Michael Jackson and any child on a

 

20 flight, right?

 

21 A. That is correct.

 

22 Q. And you have never seen Michael Jackson

 

23 caress or touch any minor child in an intimate

 

24 manner, right?

 

25 A. That is correct.

 

26 Q. And, now, you indicated that his children

 

27 were always around him on the flight the Arvizos

 

28 were on, right? 4162

 

1 A. That is correct.

 

2 Q. You never observed Michael Jackson at any

 

3 time when his children weren’t around him, right?

 

4 A. I’m sorry, what?

 

5 Q. On the flight the Arvizos were on, you

 

6 always saw Mr. Jackson’s children around him, right?

 

7 A. Absolutely.

 

8 Q. And we’re talking about three children,

 

9 correct?

 

10 A. That is correct.

 

11 Q. And two nannies, correct?

 

12 A. Three nannies.

 

13 Q. Okay. Do you recall someone throwing food

 

14 on the plane when the Arvizos were on board?

 

15 MR. AUCHINCLOSS: Objection. Relevance;

 

16 beyond the scope.

 

17 THE COURT: Overruled.

 

18 You may answer.

 

19 THE WITNESS: Yes.

 

20 Q. BY MR. MESEREAU: You saw one of the Arvizos

 

21 throwing food on the flight, correct?

 

22 A. That is correct.

 

23 Q. Do you know who that was?

 

24 A. Yes, the older of the children. The —

 

25 Q. Is that the female?

 

26 A. No. That was —

 

27 Q. Was it the mother?

 

28 A. No, but it could have been. No, it wasn’t 4163

 

1 her.

 

2 Q. You saw one of them was throwing food?

 

3 A. Right.

 

4 Q. Do you know what that person looked like?

 

5 A. Yes, I do.

 

6 Q. What did that person look like?

 

7 A. Dark hair, lighter skin. It was more sort

 

8 of a playful interaction that they had going.

 

9 Q. Was this a male or a female?

 

10 A. A fe- — a male, actually.

 

11 Q. Do you know what the male’s name was?

 

12 A. I’m sorry, I don’t. I’m drawing a blank on

 

13 their names.

 

14 Q. You described that male as very rude,

 

15 correct?

 

16 A. Absolutely. Very rude.

 

17 MR. AUCHINCLOSS: Objection; relevance.

 

18 THE COURT: Overruled.

 

19 Q. BY MR. MESEREAU: Is that correct?

 

20 A. That is correct.

 

21 Q. And tell the jury what you mean by “rude.”

 

22 A. The individual was unusually rude,

 

23 discourteous, very — I remember him talking about,

 

24 “I got this watch from Michael, and it’s really

 

25 expensive,” and just — altogether just not — just

 

26 loud, obnoxious, like, “Serve me my food. This

 

27 isn’t warm. This isn’t the way it’s supposed to

 

28 be.” And he was just unintelligent. It was 4164

 

1 embarrassing to have him on board, actually.

 

2 Q. And do you have a picture in front of you?

 

3 Do you have that exhibit in front of you?

 

4 A. No, I do not.

 

5 MR. MESEREAU: Where is that?

 

6 Okay. May I approach, Your Honor?

 

7 THE COURT: You may.

 

8 MR. MESEREAU: Your Honor, I’m showing the

 

9 witness Exhibit No. 49.

 

10 Q. Ms. Bell, do you see that picture?

 

11 A. I do.

 

12 Q. Do you recognize the person you’re

 

13 identifying as having been rude on the flight?

 

14 A. I do.

 

15 Q. And who is that?

 

16 A. This individual here.

 

17 Q. Which one is that?

 

18 A. You know, his name eludes me. I’m sorry.

 

19 MR. MESEREAU: May I have the witness point

 

20 out the person to the jury, Your Honor?

 

21 THE COURT: Yes.

 

22 THE WITNESS: This individual here.

 

23 Q. BY MR. MESEREAU: Is it your understanding

 

24 that person’s name is Gavin?

 

25 A. Yes, sir, that is his name.

Next, Mesereau asked Bell to clarify remarks that she made during the grand jury proceeding where she testified that Jackson had a “touchy, feely” type of personality:

26 Q. Okay. Now, you told members of the grand

 

27 jury that you perceive Michael Jackson as a touchy-

 

28 feely kind of person, right? 4165

 

1 A. That is correct.

 

2 Q. And you said he was touchy-feely, kind of,

 

3 to you, right?

 

4 A. That is correct.

 

5 Q. What do you mean by that?

 

6 A. Well, he’s very soft-spoken, and typically

 

7 because of — he’s very polite and very soft-spoken,

 

8 I would have to kneel and gain eye contact with Mr.

 

9 Jackson. And, you know, he is very, you know — you

 

10 know, would touch my arm when we were communicating.

 

11 I don’t mean touchy-feely like in a weird sort of

 

12 manner. Just sort of a polite, gaining eye contact,

 

13 you know, maintaining, you know, communication that

 

14 way.

 

15 Q. You never found Mr. Jackson to be rude or

 

16 impolite, did you?

17 A. Absolutely not, neither him or his children.

Here is further testimony from Bell about the rudeness of the Arvizo children:

18 MR. MESEREAU: Could I have that exhibit?

 

19 Q. Now, just for the record, Ms. Bell, on

 

20 Exhibit 49, that’s the picture of four individuals I

 

21 just showed you, correct? And that’s the picture

 

22 that you pointed the individual out to the jury who

 

23 you found to be very rude and obnoxious, correct?

 

24 A. That is correct.

 

25 Q. And you pointed out the fellow to the far

 

26 left with a blue shirt, correct?

 

27 A. That is correct.

 

28 Q. Okay. Thank you. 4166

And here is more testimony from Bell about Jackson’s demeanor on that flight:

1 On that flight, Mr. Jackson was the only

 

2 person who drank wine out of a Diet Coke can, right?

 

3 A. That is correct.

 

4 Q. And everyone else that ordered wine had it

 

5 served in a flute-like glass, correct?

 

6 A. That’s correct.

 

7 Q. And you described Mr. Jackson to the Santa

 

8 Barbara Grand Jury as one of the most nervous flyers

 

9 you’d ever seen, right?

 

10 A. That is correct.

 

11 Q. Please tell the jury what you mean by that.

 

12 A. Well, Mr. Jackson is just a very nervous

 

13 flyer. He doesn’t like turbulence. He — he has

 

14 been known to have — not on my flights, but flights

 

15 land if there’s too much turbulence. He just does

 

16 not enjoy flying. It makes him very nervous.

 

17 Q. And you discussed Mr. Jackson’s nervousness

 

18 on flights with his medical doctor, correct?

 

19 A. Yes. Actually, his medical doctor discussed

 

20 it with me before we — before we launched on our

 

21 trip to Miami — or from Miami to Santa Barbara.

 

22 Q. And the subject of that discussion was the

 

23 fact that he, the doctor, understood that he wanted

 

24 alcohol to deal with his nervousness, correct?

 

25 A. That is correct.

 

26 MR. AUCHINCLOSS: Objection. Assumes facts;

 

27 hearsay.

 

28 THE COURT: Sustained. 4167

 

1 Q. BY MR. MESEREAU: How did you learn that

 

2 Michael Jackson was extremely nervous on air

 

3 flights?

 

4 MR. AUCHINCLOSS: Objection. Foundation;

 

5 hearsay.

 

6 THE COURT: Sustained.

 

7 Q. BY MR. MESEREAU: Did you know Michael

 

8 Jackson was a very nervous flyer?

 

9 MR. AUCHINCLOSS: Asked and answered.

 

10 Objection.

 

11 THE COURT: Sustained.

 

12 Q. BY MR. MESEREAU: What did Mr. Jackson like

 

13 to eat on those flights, if you recall?

 

14 MR. AUCHINCLOSS: Objection. Relevance;

 

15 beyond the scope.

 

16 THE COURT: Sustained.

 

17 Q. BY MR. MESEREAU: Do you remember the young

 

18 man in Exhibit No. 49, whom you’ve identified as

 

19 being rude, the young fellow with the blue shirt,

 

20 screaming at you that his chicken was not warm?

 

21 A. Yes, that is correct.

 

22 Q. You told the grand jury he’s a weird kid,

 

23 correct?

 

24 A. Yes, I did.

 

25 Q. Michael Jackson always sat by the window,

 

26 didn’t he? Do you recall?

 

27 A. I don’t recall.

 

28 Q. Okay. Did you talk to his doctor on that 4168

 

1 flight very much?

 

2 A. I did.

In this excerpt, Bell described the seating arrangements of Dr. Farshcian, who was seated directly across from Jackson and Gavin throughout the entire flight, and would have easily seen any alleged misconduct on Jackson’s part, if it had happened at all:

3 Q. Did you know where the doctor was seated?

 

4 A. Yes.

 

5 Q. And please tell the jury where Michael

 

6 Jackson’s physician was seated on that flight.

 

7 A. He was seated in the forward aft-facing

 

8 seat.

 

9 Q. Excuse me?

 

10 A. The forward aft-facing seat.

 

11 Q. And if you can, describe what you mean.

 

12 A. As you enter the Gulfstream, if you were to

 

13 make the right, and the first seat that seats

 

14 aft-facing, which would be facing the back of the

 

15 aircraft, that was the seat that he was seated in.

 

16 Q. And if you’re in that seat, what is your —

 

17 let me rephrase that.

 

18 If you’re sitting in that seat, what are you

 

19 likely to be able to observe on that plane? I mean,

 

20 what can you see as you sit in that seat, assuming

 

21 you’re looking forward? What’s in front of you?

 

22 A. That would be the — the Arvizos’ mom was

 

23 seated in the forward-facing seat, facing him.

 

24 Q. Okay.

 

25 A. He would — he would be able to see in the

 

26 cabin, but not — I mean, I probably have the best

 

27 seat in the house because I’m standing in the

 

28 galley. 4169

 

1 Q. And you were in a position where you could

 

2 see everything going on on that flight, couldn’t

 

3 you?

 

4 A. That’s correct.

 

5 Q. And —

 

6 A. Except for the pilots, because we close the

 

7 pilots off.

 

8 Q. Okay. And you would describe that interior

 

9 of the plane as very close and intimate, right?

 

10 A. Very much so.

 

11 Q. You were able to see everything that went on

 

12 in that plane, couldn’t you, other than what the

 

13 pilots were doing?

 

14 MR. AUCHINCLOSS: Objection; asked and

 

15 answered.

 

16 THE COURT: Sustained.

Star Arvizo also confirmed that Dr. Farshchian sat across from Jackson and Gavin throughout the entire flight during his grand jury testimony on April 15th, 2004:

Mesereau asked a few more questions about the motivation for Jackson’s excessive alcohol consumption on turbulent flights, and Bell testified that it was because he was nervous:

17 Q. BY MR. MESEREAU: Do you recall if you ever

 

18 saw Mr. Jackson sleeping on the flight?

 

19 A. No, sir, he was not sleeping on the flight.

 

20 Q. Okay. Did you see him eat his meal on the

 

21 flight?

 

22 A. Yes.

 

23 Q. Did you serve his children on the flight?

 

24 A. I did.

 

25 Q. What did you serve them?

 

26 MR. AUCHINCLOSS: Objection; relevance.

 

27 THE COURT: Sustained.

 

28 Q. BY MR. MESEREAU: Do you know someone named 4170

 

1 Lauren Wallace?

 

2 A. I do.

 

3 Q. And who is Lauren Wallace?

 

4 A. Lauren Wallace is a corporate flight

 

5 attendant.

 

6 Q. And you told her about Mr. Jackson’s desire

 

7 to have his alcohol in a Diet Coke can, right?

 

8 A. I did.

 

9 Q. And when you served Michael Jackson vodka

 

10 drinks, they were always in a Diet Coke can,

11 correct?

 

12 A. That is correct.

 

13 Q. What you would typically do is go into the

 

14 lavatory, pour out the Coke, and put some either

 

15 wine or vodka in the Diet Coke can, right?

 

16 A. That is correct.

 

17 Q. And what you typically did was go up to Mr.

 

18 Jackson and say, “Here’s your Diet Coke, Mr.

 

19 Jackson,” right?

 

20 A. That is correct.

 

21 Q. You both understood what was in there,

 

22 right?

 

23 A. That is correct.

 

24 Q. And your understanding was Mr. Jackson

 

25 didn’t want children to see him drinking alcohol,

 

26 right?

 

27 A. That is correct.

 

28 Q. You were on some flights where there was 4171

 

1 considerable turbulence, right?

 

2 A. Yes.

 

3 Q. And would it be accurate to say that when

 

4 there was a lot of turbulence, Mr. Jackson would

 

5 drink a little more than normal?

 

6 A. Yes.

 

7 Q. Was it your impression he did that because

 

8 he was nervous?

 

9 A. That is correct.

 

10 MR. MESEREAU: I think we’re through, Your

 

11 Honor.

 

12 THE COURT: We are.

 

13 All right. We’ll start at 8:30 tomorrow

 

14 morning.

 

15 THE WITNESS: Do I get to go home?

 

16 (The proceedings adjourned at 2:30 p.m.)

To be continued: https://michaeljacksonvindication2.wordpress.com/2012/10/09/march-30th-2005-trial-analysis-cynthia-bell-cross-examination-dr-stan-katz-william-dickerman-jeff-klapakis-direct-cross-examination-part-1-of-4/

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4 Comments leave one →
  1. October 2, 2012 7:10 pm

    Masada was a terrible witness for the prosecution.

    As were the flight attendants. It pisses me off when people repeat the “Jesus Juice in coke cans” story when it was completely debunked by the prosecution’s own witnesses.

  2. stacy permalink
    October 2, 2012 4:53 am

    It’s amazing to me how anybody can question the jury’s verdict. Gavin and his family were nothing but immoral liars.

Trackbacks

  1. April 26th, 2005 Trial Analysis: Cynthia Montgomery, Jeff Klapakis, and Hamid Moslehi, Part 1 of 4 | Michael Jackson Vindication 2.0
  2. March 29th, 2005 Trial Analysis: Robert Spinner (Cross Examination), Jamie Masada, Cynthia Bell (Direct & Cross Examination), Part 2 of 3 « Michael Jackson Vindication 2.0

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