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April 19th, 2005 Trial Analysis: Janet Arvizo (Redirect & ReCross Examination), Victor Alvarez, Maria Ventura, William Caldwell, Rod Forney, Michael Davy, Janet Williams, Part 2 of 4

August 11, 2013

The next prosecution witness was Detective Victor Alvarez, who testified earlier in the trial on March 16th, 2005, and was recalled by the prosecution to vouch for some of the items that he seized from Neverland during the raid. His entire direct examination consisted of him identifying an art book that was fell out of a bag during his initial testimony a few weeks prior, and some surverallance footage of the Arvizos that was shot by Bradley Miller:





24 Q. Detective Alvarez, you’ve previously


25 testified in these proceedings, have you not?


26 A. Yes.


27 Q. And identified yourself as a detective with


28 the Santa Barbara County Sheriff’s Office? 6835


1 A. Yes.


2 Q. You’re going to be testifying to a number of


3 different items this morning, although fairly


4 rapidly. Is that your understanding?


5 A. Yes.


6 Q. Now, the last time that you were on the


7 witness stand testifying, or perhaps one of the last


8 few times you were on the witness stand testifying,


9 you were testifying to some items that you had


10 personally seized from Neverland Ranch during the


11 course of that search back in November of ‘02; is


12 that correct?


13 A. Yes.


14 Q. November 18, ‘02, am I right?


15 A. ‘03.


16 Q. I’m sorry —


17 A. It would be ‘03.


18 Q. I’m sorry, ‘03. Okay. November 18 of ‘03.


19 Exactly.


20 At the time of your testimony, you had —


21 one particular item had fallen out of a bag and was


22 not present in court at the time it was presented to


23 you. Is that your recollection?


24 A. Yes.


25 Q. I’d like to show you Court Exhibit 822.


26 Court Exhibit 822, and specifically — occupational


27 hazard here — specifically Sheriff’s No. 304-B.


28 Would you take a look at this item and tell us if 6836


1 you recognize that item?


2 A. Yes.


3 Q. Is that an item that you seized?


4 A. That’s correct.


5 Q. Is that the item that fell out of the bag?


6 A. Yes.


7 Q. Okay. And just describe it for us, please.


8 A. It is a — appears to be a paperback. It is


9 titled, “The Art of Dave Nestler,” N-e-s-t-l-e-r.


10 Q. Was that taken to another detective who then


11 booked it into evidence?


12 A. The title is “Wicked Intentions” and — yes.


13 Q. I’m sorry, there were two questions. The


14 title of the magazine again was what, please?


15 A. “Wicked Intentions.”


16 Q. And that magazine was then booked in by


17 whom?


18 A. I believe it was Detective Padilla.


19 MR. ZONEN: Okay. I would move to introduce


20 that item into evidence at this time, Your Honor.


21 MR. SANGER: I need to cross-examine on


22 that, if I may, please, before the Court rules.


23 THE COURT: All right.


24 MR. SANGER: Thank you.


25 THE COURT: I’ll withhold ruling on that.


26 MR. ZONEN: Okay. I’ll proceed with other


27 exhibits, if I may.


28 Q. Detective Alvarez, did you have an 6837


1 opportunity to review a number of VHS videos and


2 compare them as against a number of DVDs?


3 A. Yes.


4 Q. All right. I would like to show you each of


5 the DVDs and each of the videos and ask you if, in


6 fact, they are duplicate copies of one another, if I


7 may.


8 A. Sure.


9 MR. ZONEN: May I approach the witness?


10 THE COURT: Yes.


11 Q. BY MR. ZONEN: Let me begin with four court


12 exhibits, and the four court exhibits are No. 815,


13 a DVD; 816, a DVD; 817, a DVD; and 818, a DVD. Have


14 you seen those four previously?


15 A. I have.


16 Q. And can you tell us if you viewed the


17 contents of those four?


18 A. I have.


19 Q. And what is the subject matter of those four


20 DVDs?


21 A. These are surveillance tapes.


22 Q. Is one of a residence on Soto Street?


23 A. One is a residence on Soto Street.


24 Q. And the other three?


25 A. Of Ramer Street. One of Jay Jackson. One


26 of Davellin.


27 Q. Okay. Did you — were you in court on


28 Friday where some of those surveillance tapes were 6838


1 played?


2 A. Yes, I was.


3 Q. And are those, in fact, the same as the ones


4 that you’re currently holding?


5 A. They are.


6 Q. All right. Now, did you have an opportunity


7 to compare them as against videotapes?


8 A. I did.


9 Q. Let me now show you exhibits for


10 identification, please, No. 823, No. 824, No. 825


11 and No. 826. And could you take a moment and look


12 at each of those four VHS videos?


13 A. Yes.


14 Q. Do those four correspond to the four DVDs


15 you’ve already identified?


16 A. They do.


17 Q. Are they duplicates of them?


18 A. The DVDs are actual exact copies of the VHS


19 tapes.


20 MR. ZONEN: Thank you. No further


21 questions.

Under cross-examination by Robert Sanger, Det. Alvarez was questioned about the booking process and chain of custody of the evidence. There was a particular piece of evidence that fell out of a bag when Det. Alvarez testified a few weeks prior, and Sanger hammered him on this:





25 Q. Exhibit 822, Detective —


26 A. Yes. The magazine.


27 Q. The magazine. It’s just a separate


28 magazine? 6839


1 A. Yes.


2 Q. That’s marked as 822, correct?


3 A. That’s correct.


4 Q. And you’ve indicated that it was actually


5 304-B as designated by the sheriff’s department.


6 Was that your testimony?


7 A. Yes. That’s — it came from Item 304, the


8 original item, and this is — this was found with


9 Item No. 304.


10 Q. Okay. So really it was not booked into


11 sheriff’s department evidence as 304-B, was it?


12 A. I believe it was.


13 Q. Okay. On your booking form, your sheriff’s


14 department booking form, the one that was filled out


15 by Detective Padilla —


16 A. Correct.


17 Q. — that would be the form that he used to


18 designate by number the various items that were


19 seized; is that correct?


20 A. Yes.


21 Q. And he indicated that the contents of that


22 one bag were 304?


23 A. Right.


24 Q. All right. He did not designate it 304-A


25 or B, correct?


26 A. Not at that time.


27 Q. Okay. Now, I think you’ve told us — and I


28 don’t want to be redundant, but I think I asked you 6840


1 about your training and experience when you were on


2 the stand previously —


3 A. Correct.


4 Q. — is that correct?


5 And I don’t know if I went into detail, but


6 let me ask quickly, if I can, you were trained at a


7 police academy; is that right?


8 A. Yes.


9 Q. Which police academy?


10 A. Allan Hancock.


11 Q. Allan Hancock, all right. That’s a POST


12 Academy?


13 A. That’s right.


14 Q. And you have also had inservice training; is


15 that correct?


16 A. Yes.


17 Q. And you were also a bailiff in Department 9,


18 or whatever number it was over the years, Judge


19 Lodge’s department down in Santa Barbara; is that


20 correct?


21 A. Yes.


22 Q. So you had an occasion to see how evidence


23 was handled in court, correct?


24 A. Correct.


25 Q. And you had an occasion to see countless


26 witnesses, police officers, detectives,


27 cross-examined with regard to the chain of custody;


28 is that right? 6841


1 A. Correct.


2 Q. And in your training and experience, both


3 your POST Academy training and your inservice


4 training and your experience as a police officer or


5 a sheriff, you’re aware that chain of custody is


6 important; is that correct?


7 A. Correct.


8 Q. And when an item is seized originally by


9 your department, specifically the sheriff’s


10 department, it is given a sheriff’s booking number,


11 correct?


12 A. Correct.


13 Q. And it’s put usually into an evidence bag,

14 assuming it’s the kind of object that can be put


15 into a bag; is that correct?


16 A. Yes.


17 Q. That bag is sealed; is that right?


18 A. Correct.


19 Q. And the idea is to come into court and open


20 the bag, and say, “Sure enough, here’s the same


21 contents that were put into that bag originally,”


22 right?


23 A. Yes.


24 Q. You would agree that it is not a proper


25 police practice to lose an item from a bag; is that


26 right?


27 A. This wasn’t lost.


28 Q. Okay. It wasn’t here when the item was in 6842


1 front of the jury when you testified originally, was


2 it?


3 A. No, it wasn’t.


4 Q. It fell out of the bag?


5 A. It was in the box.


6 Q. Okay. Fell out the bag, right?


7 A. Yes.


8 MR. ZONEN: Objection; argumentative.


9 THE COURT: Overruled. Next question.


10 Q. BY MR. SANGER: And you would agree it’s not


11 a proper police practice to have things fall out of


12 the bag before you’re standing in front of the jury


13 or sitting in front of the jury and introducing the


14 contents of the bag, correct?


15 A. Whether it’s proper or not, I — I don’t


16 know, but it happened.


17 Q. When do you believe that somebody gave this


18 item the designation of 304-B?


19 A. Originally what happened was at the initial


20 search of Neverland Ranch, all these items were


21 put — for example, 304, there were more than one


22 item. Later on, as these items were opened, they


23 were given As, Bs and Cs, depending on what was


24 searched and what was found.


25 Q. Okay. Detective Padilla gave it the number


26 304, correct?


27 A. As a group, yes.


28 Q. Who gave it — to your knowledge, do you 6843


1 know who actually gave it a designation 304-B?


2 A. I’d say it was Detective — or Sergeant


3 Bonner.


4 Q. All right. So you were not — you did not


5 give it the number 304-B; is that correct?


6 A. I did not. I gave it the original number,


7 304.


8 Q. Did you ever see that item between the time


9 you handed it to Detective Padilla and the time that


10 you found it was in the box?


11 A. Yes.


12 Q. When did you see it?


13 A. When Sergeant Bonner was itemizing the


14 items.


15 Q. So you saw him —


16 A. This is not the second time I have seen


17 this.


18 Q. You saw it when Sergeant Bonner actually


19 gave it a designation 304-B?


20 A. That’s correct.


21 Q. And then your understanding was it was


22 supposed to be put back in the bag, 304, right, to


23 preserve the chain of custody?


24 A. Either in 304 or designated as 304-B in its


25 own container.


26 Q. In any event, when you took the stand, 304,


27 the bag that you thought contained 304-A and B, only


28 contained A and not B; is that correct? 6844


1 A. Correct.

Next, Det. Alvarez confirmed that the book was legal and commercially available:

2 Q. Now, this particular item, which you told us


3 is “The Art of Dave Nestler,” is that a book of art


4 by that particular individual?


5 A. Yes.


6 Q. All right. And that is an item that, to


7 your knowledge, is legal for an adult to purchase


8 commercially, correct?


9 A. Yes.


10 Q. I’m not talking about copyrights. What I’m


11 talking about —


12 A. Yes, yes.


13 Q. — it’s something that somebody could buy.


14 If they can find it in a store, right, an adult can


15 buy it? There’s nothing illegal about that, right?


16 A. Yes.


17 Q. And there’s nothing illegal about an adult


18 possessing that?


19 A. I don’t think so.


20 Q. All right. Thank you.

Finally, Sanger had Det. Alvarez confirm that the surveillance videos of Brad Miller were legal and consistent of the work that a professional, licensed investigator would film for his client:

21 Now, let me just ask you, the second part of


22 your testimony pertained to these videos, and you


23 have related the videos to the DVDs. The actual —


24 A. Or the DVDs to the video. Either way, yes.


25 Q. Okay. Am I missing something there?


26 A. The DVDs are made from the original videos.


27 Q. You said you related them. That was my


28 word. 6845


1 A. Yes.


2 Q. Okay. On the stand you said these DVDs were


3 taken from these videos, right? That’s, in essence,


4 what you’re saying?


5 A. Yes.


6 Q. There we go. And in that regard, the


7 videos — your understanding is that these video


8 were located in Bradley Miller’s office; is that


9 correct?


10 A. Correct.


11 Q. And Bradley Miller is a private investigator


12 that worked for Mark Geragos, correct?


13 A. Correct.


14 MR. ZONEN: Objection; speculative.


15 THE COURT: Overruled. The answer is,


16 “Correct.”


17 MR. ZONEN: Lack of foundation.


18 THE COURT: Proceed.


19 MR. SANGER: Thank you.


20 Q. The — you’ve looked at the videos, correct?


21 A. I have.


22 Q. And they appear to be surveillance films of


23 some sort, correct?


24 A. Yes.


25 Q. They appear to be taken from a public place,


26 a place where a person would lawfully be, a street


27 or sidewalk; is that correct?


28 A. Yes. 6846


1 Q. And that is consistent with what private


2 investigators do from time to time, correct?


3 A. I’m not a private investigator.


4 Q. No, sir. But you’ve seen private


5 investigators’ surveillance videos before, have you


6 not?


7 A. I have.


8 Q. And sometimes private investigators, for


9 whatever reason, do surveillance videos, correct?


10 A. Yes.


11 MR. SANGER: All right. Thank you. I have


12 no further questions.

Under redirect examination, Zonen tried to insinuate that Jackson had nefarious intentions with that particular magazine by asking Det. Alvarez where it was found. This was an obvious attempt to prejudice the jury:





16 Q. The magazine that’s in front of you, I think


17 it’s right below your hands at the moment.


18 A. Yes.


19 Q. What is the Court number again on that? The


20 one that we’ve identified as 304-B, sheriff’s


21 number?


22 A. 822. Exhibit 822.


23 Q. Where in Neverland did you find that


24 particular exhibit?


25 A. This was in —


26 MR. SANGER: I’m going to object. That’s


27 beyond the scope of direct, actually.


28 MR. ZONEN: Then I would move to reopen on 6847


1 that question if that’s the case.


2 THE COURT: It is the case. I’ll allow you


3 to reopen.


4 MR. ZONEN: Thank you.


5 Q. Where exactly was it that you found that?


6 A. This was along with Item 304.


7 Q. Yes.


8 A. And it was in the master bedroom downstairs


9 bathroom, next to the sink area by the tub. There’s


10 a sink. There’s a tub. It was in the middle there.


11 Q. Was it something that was contained in a


12 drawer or in a suitcase or in any kind of a closed


13 container?


14 A. I believe it was out in the open.


15 Q. It was in the open at the time?

16 Now, you said the magazine wasn’t lost, it


17 was in the box. Tell us what you mean by that.


18 A. As we brought the exhibits into the


19 courtroom, it was actually placed in one of the


20 boxes that we carried it in. So it just —


21 Q. And what happened with the magazine?


22 A. It was in the box and wasn’t presented in


23 court.


24 Q. Okay. Fell out of the — what was it


25 originally contained in within the box?


26 A. If it’s labeled 304-B, then it was in


27 plastic and must have just fell out of the plastic.


28 Q. And did you then retrieve it from the box? 6848


1 A. I did.


2 MR. ZONEN: Thank you. No further


3 questions.


4 MR. SANGER: No further questions, Your


5 Honor.


6 THE COURT: You may step down.

The next prosecution witness was Marie Ventura, the mother of Janet Arvizo. She was not fluent in English, so two interpreters were used to communicate her testimony to the court. She testified that she was harassed by reporters after the airing of Bashir’s documentary, and even had to call the police several times to get the press to leave her alone.





3 Q. Miss Ventura, are you the mother of Janet


4 Arvizo?


5 A. Yes, sir.


6 Q. Do you have other children as well?


7 A. Yes.


8 Q. Does Janet Arvizo have children?


9 A. Yes.


10 Q. And how many children does she have?


11 A. Three.


12 Q. All right. These are the three children


13 from her marriage with David Arvizo?


14 A. Yes, sir.


15 Q. Does she have a child also with her marriage


16 to Jay Jackson?


17 A. Yes.


18 Q. And that child is how old?


19 A. The little one?


20 Q. Yes, the little one.


21 A. Eight months.


22 Q. Okay. Now, the three older children, the


23 children who are the children of Janet and David


24 Arvizo —


25 A. Yes, sir.


26 Q. — are their names Davellin, Star and Gavin?


27 A. Yes.


28 Q. And those three are your grandchildren? 6851


1 A. Yes.


2 Q. Do you talk with those three children on a


3 regular basis?


4 A. Well, they’re my kids.


5 Q. Does that mean yes, you do?


6 A. Yes.


7 Q. All right. And do the children speak enough


8 Spanish that they’re able to communicate effectively


9 with you?


10 A. Yes.


11 Q. I’d like to direct your attention back to


12 the early —


13 A. You can speak louder, because I can’t hear.


14 I can’t hear.


15 Q. I would like to direct your attention back


16 to the early part of 2003, January and February of


17 2003.


18 A. That’s fine.


19 MR. AUCHINCLOSS: It’s not you. It’s the


20 interpreter.


21 MR. ZONEN: I was wondering why —


22 THE WITNESS: What did you say?


23 MR. ZONEN: That’s what happens when trials


24 go on long enough.


25 Q. Miss Ventura, can you hear me now?


26 A. Yes, I do. It was for her.


27 Q. I understand.


28 (Laughter.) 6852


1 Q. I would like to direct your attention back


2 to the early part of 2003.


3 A. That’s fine.


4 Q. Were you aware as to where your daughter and


5 her three children were visiting during that period


6 of time?


7 A. Yes.


8 Q. And where was that?


9 A. Neverland. I can’t say it very well, but


10 there, Neverland.


11 Q. Is Neverland a place where you had once


12 visited?


13 A. Never.


14 Q. Did you know what Neverland was prior to


15 that time of January and February and March of 2003?


16 A. No.


17 Q. Did you know who Michael Jackson was prior


18 to February of 2003?


19 A. No.


20 Q. Do you know who Michael Jackson is today?


21 A. We all know, because you see it on T.V.


22 Q. All right. Now, did you ever see a


23 documentary on television that was titled “Living


24 with Michael Jackson”?


25 A. No.


26 Q. Did you ever see anything on T.V. that


27 featured your grandchildren, where your


28 grandchildren were shown on television? 6853


1 A. No. I only see parts of it in the Mexican


2 channel, because those are the channels I watch.


3 Q. Did you ever see any shots at all of your


4 grandchildren on television?


5 A. Lately, just little clips, short little


6 clips on 52 and 34.


7 Q. Did you become aware of the fact that your


8 grandchildren had been featured on television in a


9 documentary?


10 A. No.


11 Q. At some point in time, did you have a number


12 of reporters or press who came to your home?


13 A. Oh, yes. My door, my mailbox. They opened


14 my mailbox.


15 THE INTERPRETER: Okay, okay.


16 (Laughter.)


17 THE WITNESS: They even opened my mailbox.


18 They yelled at me. I even had to call the police


19 several times. They parked everywhere.


20 The worst ones were the 52, Channel 52. The


21 light was so bright they seemed like a soccer field.


22 The police came and told them to take that away.


23 And that reporter, she said no, because she had to


24 do a report. Another police officer came and he did


25 make them to turn it off, and then they — six


26 o’clock p.m., they turned it on again.


27 Q. BY MR. ZONEN: Do you know what it was that


28 caused all of these reporters to come to your home? 6854


1 A. Yes.


2 Q. What was it?


3 A. The participation of that man, the


4 involvement of that man.


5 Q. All right. Did you —


6 A. They wanted to find out what I knew from new


7 talk, but I didn’t know anything. I found out later


8 when I watched all those reports, all those


9 newscasts, everything.

Maria was then asked what exactly she did to help facilitate the exit of her grandchildren from Neverland, and she stated that she lied and pretended that she was ill so that they could have a reason to visit her and leave the ranch:

10 Q. At some point in time, did your children


11 come to your home from Neverland?


12 A. Yes.


13 Q. Did you do something to facilitate their


14 coming to your home, to cause them to come to your


15 home?


16 MR. MESEREAU: Objection; leading.


17 THE COURT: Overruled.


18 THE WITNESS: I had to lie and say that I


19 was ill so that they could come.


20 Q. BY MR. ZONEN: Who did you —


21 A. Because those children love me very much,


22 because I raised them.


23 Q. Okay. The children specifically, who was it


24 who you told that you were sick?


25 A. The truth is I don’t remember. The one


26 thing I know is that my children called me.


27 MR. MESEREAU: Objection; nonresponsive.


28 THE COURT: Sustained. 6855


1 Q. BY MR. ZONEN: Was it —


2 MR. MESEREAU: Move to strike.


3 MR. ZONEN: I’m sorry?


4 MR. MESEREAU: Move to strike.


5 THE COURT: It wasn’t stated, so it doesn’t


6 need to be stricken.


7 Q. BY MR. ZONEN: Was it one of your


8 grandchildren who called you?


9 A. Yes.


10 Q. Do you remember which of the three?


11 A. No.

12 Q. Do you remember if it was one of the boys as


13 opposed to Davellin?


14 A. Yes. Yes. I don’t remember if it was Gavin


15 or Star.


16 Q. Did you tell that grandchild that you were


17 sick?


18 MR. MESEREAU: Objection; leading.


19 THE COURT: Overruled.


20 THE INTERPRETER: I’m sorry, Your Honor.


21 THE COURT: Overruled.


22 You may answer.




24 Q. BY MR. ZONEN: Why did you do that?


25 A. So that they could come.


26 Q. Okay. Were you, in fact, sick at the time?


27 A. No. Well, no. Well, yes, actually, because


28 I do have arthritis and thyroid problems and things. 6856


1 Q. All right.


2 A. High cholesterol. I mean, I can make you a


3 longer list.


4 (Laughter.)


5 Q. It’s not necessary.


6 Did they, in fact, come, the three children?


7 A. Yes.


8 Q. Do you know if it was the same day or at a


9 subsequent time, at a later time?


10 A. They called me in the afternoon. Later in


11 the afternoon they called me and they said, “Mom” —


12 MR. MESEREAU: Objection; hearsay.


13 THE COURT: Overruled.


14 You may complete your answer.


15 THE WITNESS: They call me “mom,” because


16 they do call me “mom,” so they asked me if I was


17 sick. And I said yes, because I was — I was


18 desperate and I was anguished because I hadn’t seen


19 them, and I would get a heart attack from not seeing


20 them.


21 Q. BY MR. ZONEN: And did they arrive that day


22 or soon thereafter?


23 A. The following day, I believe, is when they


24 came.


25 Q. All right. Do you know who it was who


26 delivered them to the house?


27 A. No. Because my house is like this, the


28 entrance is right here, so they had to walk. 6857


1 Q. All right. Did they come into the home, the


2 three children?


3 A. Yes.


4 Q. This is your El Monte home, the home in El


5 Monte?


6 A. Yes. My house.


7 Q. The person who — how long have you lived in


8 that house?


9 A. 36 years.


10 Q. And your husband —


11 A. Approximately. More or less.


12 Q. Your husband’s name is what, please?


13 A. David.


14 Q. And David has been married to you for how


15 many years?


16 A. He’s been my only boyfriend and my only


17 husband and he’s still with me.


18 Q. How old were you when you met him?


19 A. 20. 20.


20 Q. And David does what kind of work?


21 A. He’s a trucker.


22 Q. And he has worked in that capacity for how


23 long?


24 A. His whole life, since I met him.


25 Q. Is he still working?


26 A. Yes.


27 Q. And he’s still a trucker?


28 A. Yes. 6858


1 Q. For which company does he work?


2 A. I’m not — I’m going to say it, but I don’t


3 know if it’s right. Ralph’s?


4 Q. A grocery store chain?


5 A. Yes, the markets.

Maria was then asked about the identities of the people who dropped off her grandchildren at her home:

6 Q. All right. Going back to when the three


7 children arrived at your house, did you see the


8 person who drove them to the house?


9 A. No.


10 Q. Did that person walk them to the door?


11 MR. MESEREAU: Objection; leading.


12 THE COURT: Overruled.


13 You may answer.


14 THE WITNESS: Why are you saying that?


15 Q. BY MR. ZONEN: Did that person —


16 A. No, I’m saying him. Why does he say to


17 wait? Is it —


18 Q. Because he can.


19 (Laughter.)


20 THE WITNESS: I’m sorry.


21 THE COURT: Okay.


22 MR. ZONEN: Let me change the question.


23 Q. Did you see at any time the person or


24 persons who delivered your three children to your


25 home?


26 MR. MESEREAU: Objection; asked and


27 answered.


28 THE COURT: Sustained. 6859


1 Q. BY MR. ZONEN: Do you know who the person


2 was who delivered the children to the house?


3 A. Miguel’s people.


4 Q. Is “Miguel” Michael Jackson?


5 A. Yes. It’s “Miguel” in Spanish.


6 Q. Thank you.


7 Miss Ventura, when your children came into


8 the house, was your daughter Janet and her then


9 boyfriend Jay at your home at the time that the


10 three grandchildren arrived?


11 A. No. I received them by myself.


12 Q. At some time later that day or at another


13 day, did Janet and Jay arrive at your home?


14 MR. MESEREAU: Objection; leading.


15 THE COURT: Overruled.


16 You may answer.


17 THE WITNESS: Yes, they came later.


18 Q. BY MR. ZONEN: Was it the same day or a


19 different day?


20 A. Yes. The same day.

Maria Ventura described her grandchildren as “not being the same” after their return from Neverland, and she received an exorbitant amount of phone calls from Frank Cascio

21 Q. The same day. All right. Would you


22 describe for us how the children were behaving at


23 the time that they arrived from Neverland?


24 A. Those children that came were not my


25 grandkids.


26 Q. Explain that to us, please.


27 A. The — their entire life, my grandkids and I


28 were very close. Their happiness, their sadness, 6860


1 their games, all of that. I was always very


2 important for all three of them.


3 When they came back, they didn’t talk to me


4 the same way. They were different kids. And — and


5 even up till now Gavin is not the same child.


6 MR. MESEREAU: Objection. Nonresponsive;


7 move to strike.


8 THE COURT: Overruled.


9 Q. BY MR. ZONEN: After the three children


10 returned from Neverland to your home, did you


11 receive any phone calls at your home?


12 A. Many. Many, many. Day and night. I had a


13 red telephone, and it had a square like that. And


14 in that little square sometimes it said “Neverland,”


15 and some other time “Frank,” or I don’t know. And


16 the voice would say, “Gavin, Star, Davellin,


17 somebody answer.”


18 MR. MESEREAU: Objection; nonresponsive.


19 THE COURT: Excuse me. Sustained.


20 Q. BY MR. ZONEN: Could you actually hear


21 messages being left on your phone?


22 A. Yes.


23 Q. Were there — was — were there voices on


24 the messages asking for your grandchildren?


25 MR. MESEREAU: Objection; leading.


26 THE COURT: Overruled.


27 Just a moment.


28 THE WITNESS: Yes. 6861


1 THE COURT: Have you offered her some water?


2 I’m —


3 Yourself too, if you —


4 THE INTERPRETER: I have my bottle. Thank


5 you.


6 THE COURT: Go ahead.


7 Q. BY MR. ZONEN: Could you tell if it was one


8 voice or more than one voice leaving messages on the


9 phone?


10 A. Sometimes it said on there “Neverland.”


11 Q. Okay.


12 A. And some other times it was that Frank.


13 What really hurts me is that my


14 granddaughter erased it. Otherwise — she always

15 liked to — well, one of the phones broke down, and


16 she tried to make, out of two phones, make one.


17 MR. MESEREAU: Objection; nonresponsive.


18 THE COURT: Sustained.


19 MR. ZONEN: All right. The latter part of


20 the answer, Your Honor, you’re referring to?


21 THE COURT: We’ll leave the first two


22 sentences in.


23 Q. BY MR. ZONEN: You told us what you were


24 able to see on the screen on the phone, and you told


25 us you were also able to hear a voice.


26 A. Yes.


27 Q. Is that your —


28 A. Yes. The phone had a little square, and 6862


1 then you could hear the person talk.


2 Q. All right.


3 A. And I never allowed the kids to pick up the


4 phone because I was always watching out for that.


5 You know, I would also get calls very late at night,


6 maybe thinking that I was asleep.


7 But ever since that time when they came,


8 when they were no longer the same kids, I couldn’t


9 sleep anymore because I was always watching out for


10 that phone.


11 Q. Let me ask you some questions about the


12 messages. Were the messages always left in English?


13 A. Yes.


14 Q. Were you able to understand the messages?


15 A. No. What I understood is as soon as I saw


16 “Neverland” —


17 MR. MESEREAU: Objection; nonresponsive.


18 THE COURT: Sustained.


19 Q. BY MR. ZONEN: What were you able to


20 understand of the messages?


21 MR. MESEREAU: Objection; hearsay.


22 MR. ZONEN: It’s not for the truth of the


23 matter.


24 THE COURT: I’ll allow the question.


25 THE WITNESS: What I understood is that it


26 said “Neverland” and that they were calling my


27 grandkids. That’s what I understood.


28 Q. BY MR. ZONEN: You were able to hear the 6863


1 names of the kids being called?


2 A. Yes.


3 Q. All right. Could you tell if it was the


4 same voice each time or if it was a different voice?


5 A. The same one.


6 Q. Give us a sense of how many times this


7 person called.


8 MR. MESEREAU: Objection; foundation.


9 THE COURT: Overruled.


10 You may answer.


11 THE WITNESS: The number of times I can’t


12 tell you, but I know that it was very often.


13 Q. BY MR. ZONEN: Over what period of time did


14 the calls continue? In other words, was it over


15 days, over weeks, or months? How would describe the


16 length of time that the calls continued?


17 A. A long time. I couldn’t tell you days or


18 whatever, because I just — I didn’t keep track of


19 days, hours. And I watched my grandkids until my


20 daughter took them, took the boys. And Davellin


21 stayed with me.


22 Q. Did you ever become aware of the fact that


23 there were people watching you?


24 MR. MESEREAU: Objection; leading.


25 THE COURT: Overruled.


26 THE WITNESS: All around my house there was


27 a lot of cars. There was a lot of people.


28 Q. BY MR. ZONEN: Did anybody ever come to the 6864


1 door and attempt to contact you or the children?


2 A. Many people came to the door of my house.


3 Cameras. I was — I was hiding. I was almost like


4 a prisoner. I had to hide. I couldn’t even stick


5 my face out like that, because everybody would just


6 come on, come on over.

Ventura described an incident where somebody threw rocks at her window, and then drove off. After this portion of her testimony was concluded, Zonen ended his direct examination, and Mesereau declined to cross examine her (which is an indication of how weak he perceived her to be as a prosecution witness):

7 Q. Within a week or two after your


8 grandchildren returned to your home, did anybody


9 come to the door, knock on the door, and inquire


10 about the children?


11 A. Yes. All the time. All the time.


12 Q. Anybody throw stones at your house?


13 A. Yes. Once. I’m speaking slow so that you


14 can be talking.


15 I was sitting down watching the soap operas,


16 because I’m always watching my soap operas. That


17 T.V. I have in the dining room. Davellin sleeps —


18 or used to sleep in the bedroom that goes out —


19 that’s out to the street. But sitting like this,


20 here’s the dining room and there was her bedroom.


21 But I was sitting down when I heard,


22 “bbrrr,” something like that.


23 MR. ZONEN: (To the interpreter) That was


24 well done.


25 (Laughter.)


26 THE WITNESS: But I thought to myself, well,


27 it must be the kids just out in the street. But,


28 no, then again, and again. And then by the third 6865


1 time is when I stood up —


2 MR. MESEREAU: Objection. Nonresponsive and


3 narrative.


4 THE COURT: Narrative; sustained.


5 Q. BY MR. ZONEN: What did you then do?


6 A. I stood up and I walked around. And


7 Davellin just rushed out of the bedroom, and she


8 asked me, “Mama” — “Mom, did you hear that?”


9 So I told her, “Yes, somebody’s throwing


10 rocks at the house.”


11 We both went up to the door. And when we


12 went out like that, we saw a man standing next to


13 the car. It was a small car. I don’t know if it


14 was black or blue, because it was getting late.


15 MR. MESEREAU: Objection. Narrative;


16 nonresponsive.


17 THE COURT: Sustained.


18 Q. BY MR. ZONEN: After you saw the vehicle,


19 did you see the person near the vehicle?


20 A. Yes.


21 Q. Could you —


22 A. Right at the time that my granddaughter and


23 I went out, we turned like that, because right at


24 the time, a rock was coming on its way, and it hit


25 right on the window of Davellin’s bedroom.


26 Q. While you were standing watching?


27 A. Yes. Right at the time that we went out,


28 like that. 6866


1 MR. MESEREAU: Objection. Narrative;


2 nonresponsive.


3 THE COURT: Sustained.


4 MR. ZONEN: Perhaps we could get the


5 translation of the last — I don’t know if the


6 interpreter translated the last statement.


7 THE COURT: Well, I sustained the objection,


8 narrative, so —


9 MR. ZONEN: Let me back you up a couple


10 steps.


11 Q. You actually saw somebody throw a stone?


12 A. Yes.


13 Q. Was it the person standing next to the car?


14 A. Yes.


15 Q. Can you describe that person for us, as best


16 you can?


17 A. I know that it was a man that was standing


18 there, and he had a cap. Right at the time that we


19 saw the man, Davellin and I, I told Davellin, “Call


20 the police.”


21 MR. MESEREAU: Objection, Your Honor.


22 Narrative.


23 THE COURT: Sustained as to the last


24 sentence.


25 Q. BY MR. ZONEN: Were you standing with


26 Davellin at the time you saw the stone being thrown?


27 A. When he threw — when he threw the last rock


28 that I saw that hit Davellin’s bedroom window, we 6867


1 were both standing there.


2 Q. Did you then contact law enforcement?


3 A. That’s when I told Davellin to run and call


4 the police.


5 Q. Did you —


6 A. And so that man very quickly got in the car


7 and took off.


8 Q. And did you, in fact, call the police?


9 A. No.


10 MR. ZONEN: May I have just one moment,


11 please, Your Honor?


12 THE WITNESS: I don’t really remember, but,


13 yes.


14 MR. ZONEN: Thank you, Your Honor. I have


15 no further questions.


16 MR. MESEREAU: No questions, Your Honor.



The next prosecution witness was Seargeant William Caldwell, a 27 year veteran of the Santa Barbara Sheriff’s Department. He searched the office of Bradley Miller on November 18th, 2003 (the search was conducted at the same time as the raids on Neverland and the home of Hamid Mosheli)





26 Q. Sergeant Caldwell, your current occupation,


27 please?


28 A. I’m a sergeant for the Santa Barbara 6869


1 Sheriff’s Department.


2 Q. You’ve been in the Sheriff’s Department in


3 Santa Barbara County for how long?


4 A. 27 years.


5 Q. What is your current position?


6 A. I’m a detective sergeant in the Coastal


7 Station.


8 Q. I’m sorry, which station?


9 A. Detective sergeant in the Coastal Station,


10 Carpinteria area.


11 Q. You’ve held that particular position for how


12 long?


13 A. Four years.


14 Q. Were you involved, among other detectives,


15 with searches that were executed on the 18th of


16 November, 2003?


17 A. Yes, sir.


18 Q. The area where you searched was what,


19 please?


20 A. It was the office of Bradley Miller, a


21 private investigator in Beverly Hills, California.


22 Q. And do you remember the address?


23 A. I don’t. 211 South Beverly Drive, No. 108,


24 I believe.


25 Q. Very good. In Beverly Hills?


26 A. Yes.


27 Q. All right. Can you tell us at approximately


28 what time you conducted that search? 6870


1 A. At approximately 9:30 in the morning.


2 Q. And how many of you went to conduct that


3 search?


4 A. Three of us.


5 Q. And who were they?


6 A. Investigator Tonello from the District


7 Attorney’s Office and Detective Forney from the


8 sheriff’s department.


9 Q. The three of you. And did you have any


10 uniformed officers with you at that time?


11 A. Yes. Officer Roy Tinkler from the Beverly


12 Hills Police Department.


13 Q. When you arrived at that location, was


14 anybody at the office?


15 A. No, sir.


16 Q. Was the office closed and locked?


17 A. Yes, it was.


18 Q. Were you able to gain entry into the office?


19 A. Yes.


20 Q. And how were you able to do that?


21 A. We contacted the property manager who ran


22 the building, and she provided a key for entrance


23 into the outer door of the office.


24 Q. And did that get you through the outer door


25 into the office?


26 A. Yes.


27 Q. Did you at some time, either prior to or


28 after gaining entry into the outer door, make an 6871


1 effort to contact Brad Miller?


2 A. Yes.


3 Q. And how did you do that?


4 A. I previously obtained Mr. Miller’s cell


5 phone number and I tried to call it and I left a


6 message on his voice mail on the cell phone.


7 Q. Were you able to get ahold of him?


8 A. No.


9 Q. Did you attempt to gain entry into the inner


10 doors in the office?


11 A. Yes.


12 Q. How many inner doors were there?


13 A. A total of three.


14 Q. And where did they lead to?


15 A. One of the offices was open. The door led


16 to a secretarial area, and then the other two doors


17 were locked.


18 Q. All right. Were you able to gain entry into


19 the two rooms that were locked?


20 A. Yes.


21 Q. How did you do that?


22 A. Through use of a sledgehammer.


23 Q. What does that mean?


24 A. We forcibly opened the door by pounding on


25 the door with a sledgehammer.


26 Q. How were you able do that? What — kind of


27 give us a sense of what’s involved. We’ve all seen


28 it on T.V., but I don’t know that we’ve ever – 6872


1 MR. SANGER: I’m going to object.


2 Relevance, Your Honor.


3 THE COURT: Sustained.


4 MR. ZONEN: Sustained as to the entirety of


5 that question or just the comments at the end?


6 THE COURT: The entirety.


7 Q. BY MR. ZONEN: Did you gain entry into that


8 office?


9 A. Yes, sir.


10 Q. And what were the two rooms that you gained


11 entry into?


12 A. One of the offices was the office of Bradley


13 Miller, the private investigator, and the second


14 room was a conference room.


15 Q. All right. Did you seize a number of items


16 from that location?


17 A. Yes.


18 Q. All right. Did you have something to do


19 with the documentation of the items that were


20 seized?


21 A. Yes.


22 Q. Tell me what your role was in that.


23 A. My role was to complete the property form at


24 the scene. Detective Forney would bring me the


25 items, and I would number them and list the items on


26 a property form, and put them in bags, and number


27 the bags.

In this excerpt, Zonen displays the items that Sgt. Caldwell seized from Miller’s office:

28 MR. ZONEN: Excuse me. I’m sorry. 6873


1 Q. I would like to show you three exhibits


2 currently marked for identification No. 831, 832,


3 and 833.


4 If I may approach the witness, Your Honor.


5 THE COURT: You may.


6 Q. BY MR. ZONEN: If you would look at those


7 three photographs and please tell us what they are.


8 A. Exhibit 831 is a photograph of a cabinet


9 with a television and VCR and a number of video and


10 audiotapes.


11 Exhibit 832 is a blow-up of some audio


12 tapes.


13 And Exhibit 833 is a blow-up of some VHS


14 video cassette tapes.


15 Q. Now, the audiotapes and the videotapes, the


16 VHS tapes that you can see in 832 and 833, are they


17 also visible in 831?


18 A. Yes, sir.


19 Q. And can you describe in that photograph


20 where they are?


21 A. They’re located on a shelf above the VCR,


22 which is standing on top of the television.


23 Q. Were items seized from that general


24 location —


25 A. Yes.


26 Q. — as depicted in 831?


27 A. Yes.


28 Q. And among the items that were seized, can 6874


1 you just describe what they were, please?


2 A. Videotapes and audiotapes.


3 Q. I’d like to now show you a series of tapes,


4 if I can.


5 If I could approach the witness with all of


6 them.


7 THE COURT: All right.


8 Q. BY MR. ZONEN: I would like to show you, if


9 I can, Exhibit No. 823, and that is Court Exhibit


10 823.


11 A. Okay.


12 Q. Can you tell us what this item is?


13 A. It’s a videotape. It’s entitled, “Arvizo


14 2-19 and 2-21.” And it says, “Re MJ.” And it’s my


15 Evidence Item No. 811. It was seized from this


16 cabinet that I’ve talked about earlier.


17 Q. And who was it who actually seized it from


18 the cabinet?


19 A. Detective Rod Forney.


20 Q. Did you see it in the cabinet?


21 A. Yes.


22 Q. Court Exhibit No. 824, please. Take a look


23 at that, Court Exhibit No. 824, and tell us what


24 that is.


25 A. It’s a VHS cassette tape. It’s entitled,


26 “To Brad Re Arvizo.” It’s my evidence Item No. 812.

27 And it was seized from the top shelf, as indicated


28 in the photo. 6875


1 Q. No. 825, please, Court Exhibit No. 825, tell


2 us what that is.


3 A. This is a VHS video cassette tape. It’s


4 entitled, “Arvizo Move, 3-5-3. MJJ.” And it’s my


5 Evidence Item No. 815. And this, as well, was


6 seized from that same location, the cabinet above


7 the television.


8 Q. Showing you Item 826, please.


9 A. This is a VHS video cassette tape. It’s


10 entitled, “To Brad, Jeanette, March, Johnny.”


11 There’s a phone number, “1-866-256-6275.” And it’s


12 marked, the other side, “MJJ, Arvizo, 2003.” It’s


13 my Evidence Item No. 816. And it was seized from


14 the location as indicated, the cabinet above the


15 television.


16 Q. Item 827, Court Exhibit Item 827, tell us


17 what that is.


18 A. This is an audio cassette tape. It’s marked


19 “MJ” or labeled “MJ.” It’s my Evidence Item No.


20 817. And it was seized on that same shelf above the


21 television.


22 Q. Court Exhibit No. 828, please tell us what


23 that is.


24 A. This is an audio cassette tape. It’s


25 entitled, “Michael Jackson.” It’s my Evidence Item


26 No. 818. It’s also labeled on the side, “Michael


27 Jackson,” and it says, “Arvizo, ST, MT, 2-16-03.”


28 And it was seized from that same location on the 6876


1 shelf above the television.


2 Q. Item 829, please tell us what that is.


3 A. This is a mini video cassette tape. It’s


4 marked “Arvizo Move.” It’s my Evidence Item 819.


5 And it was seized, as well, from the shelf in the


6 television cabinet, the same location.

To be continued:

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