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April 21st, 2005 Trial Analysis: Brian Barron (Cross Examination), Stephen Cleaves, Timothy Sutcliffe, Timothy Rooney, Steven Moeller, Jeff Klapakis, Cynthia Montgomery, Part 2 of 4

September 19, 2013

The next prosecution witness was Stephen Cleaves, a sergeant with 25 years of experience with the Santa Barbara County Sheriff’s Department. During the raid at Neverland, he was in charge of a group of investigators who searched the security office for files or computers.





19 Q. Good morning.


20 A. Good morning.


21 Q. You’re a sergeant employed by the Santa


22 Barbara County Sheriff’s Department, correct?


23 A. That’s correct.


24 Q. How long have you been with the department?


25 A. 25 years.


26 Q. And your current assignment?


27 A. I’m working special operations.


28 Q. And you live in Santa Ynez? 7214


1 A. That’s correct.


2 Q. And on November the 18th of 2003, were you


3 part of a group of people who executed a search


4 warrant at Neverland Valley Ranch?


5 A. I was.


6 Q. And what was your particular responsibility


7 on that day?


8 A. To supervise a group of investigators that


9 went and searched the security offices for files.


10 Q. And when you say “security office,” where


11 was that located on the premises?


12 A. It was part of the main residence at the far


13 west end, I believe that is.


14 Q. Was it directly connected to the residence


15 or was there a breezeway between the two buildings?


16 A. I believe there’s a breezeway.


17 Q. Now, when you got to the security office,


18 you said that you were assigned a particular


19 responsibility in that office.


20 A. That’s correct.


21 Q. What was the responsibility?


22 A. To look for files or computers.


23 Specifically, we had a list of names that we were


24 looking for that — of persons who came on or off


25 the ranch.


26 Q. And did those names include the Arvizo


27 family?


28 A. Yes, they did. 7215


1 Q. And other individuals?


2 A. They did.


3 Q. Now, did you actually participate in looking


4 through the records yourself?


5 A. I did.


6 Q. And from where did you obtain the records?


7 A. There were several boxes of — cardboard


8 boxes that had files stored in them in that room,


9 and we ultimately went through each one of those


10 boxes and then pulled the files with the names that


11 we were looking for.


12 Q. So with regard to the search that occurred,


13 all of the boxes and all the files contained in that


14 security office were viewed by you or other


15 members — or the people working with you in that


16 task?


17 A. That’s correct.


18 MR. SANGER: Objection. Calls for


19 speculation; lack of foundation; and leading.


20 THE COURT: Overruled. Next question.


21 Q. BY MR. SNEDDON: Did you personally, as a


22 result of your efforts in looking through these


23 materials, take into your custody and control


24 certain exhibits?


25 A. I did.


26 Q. And do you recall just approximately how


27 many — well, first of all, what were the nature of


28 the items that you actually took into your custody 7216


1 and control?


2 A. Mine were files, and they were related to


3 the gatehouse log entries and/or any medical injury


4 incident reports. I believe all of mine were


5 directly related to the entry logs, though, for the


6 ranch.


7 Q. And when you went through the items and you


8 saw items that you felt were items that you wanted


9 to seize pursuant to the search warrant, what did


10 you do with those items?


11 A. As we went through the box, we would collect


12 the items that we wanted to seize and set them


13 aside, completed the box, and then we took the items


14 over to Deputy Moeller, who was our seizing officer,


15 and turned them over to him. He assigned them an


16 item number and packaged them for evidence.


17 Q. And that’s what you did with regard to the


18 items that you took?


19 A. That’s correct.


20 Q. Now, do you recall whether or not any of the


21 documents that you went through personally that day


22 involved any records beyond December 31st of the


23 year 2002? In other words, did you find any records


24 for the year 2003?


25 A. I — I don’t believe so, no.


26 MR. SNEDDON: No further questions.

Under cross examination, Sanger questioned Sgt. Cleaves about his knowledge of the search warrant for the raid, which excluded the administration building:





3 Q. Sergeant Cleaves, in your 25 years with the


4 Santa Barbara Sheriff’s Department, what kinds of


5 duties did you have?


6 A. Started off in patrol, working down in


7 Goleta. Was transferred to Solvang, Santa Ynez.


8 Worked there for a number of years. Went back down


9 to special operations, where I worked vice,


10 narcotics, gangs, and then was assigned to the


11 helicopter crew. Was promoted to sergeant,


12 transferred to Santa Maria.


13 From Santa Maria, back to Santa Ynez. From


14 Santa Ynez, back to Santa Maria. And then back to


15 Santa Ynez, and I’m currently working in special


16 operations.


17 Q. Special operations is a — is that a


18 detective assignment?


19 A. It is.


20 Q. All right. And in this particular case, the


21 extent of your assignment in this case was


22 essentially to assist with this search and look for


23 some records in the office?


24 A. That’s correct.


25 Q. And did you search anyplace other than the


26 security office?


27 A. Our search also —


28 Q. I’m sorry. I was vague. Let me clarify the 7218


1 question. Did you personally search anyplace other


2 than the office?


3 A. I did.


4 Q. Where else did you search?


5 A. The garage immediately to the rear of the


6 security office. And the video library that was


7 upstairs above that office.


8 Q. You did not search the administration


9 building; is that correct?


10 A. No.


11 Q. In fact, there was not a warrant to search


12 the administration building, correct?


13 A. I don’t know. I just searched the area that


14 we were asked to search.


15 Q. So did you review the warrant?


16 A. I did.


17 Q. And you were given a briefing —


18 A. Yes.


19 Q. — the morning of the search?


20 A. Yes.


21 Q. Is that correct, sir?


22 A. Yes, yes.


23 Q. And prior to your searching, you were given


24 a copy of a protocol; is that right?


25 A. A protocol.


26 Q. It was a — I forgot the name of — a


27 memorandum, in any event, that explained what the


28 case was about and what you were looking for? 7219


1 A. We received the warrant, we read the


2 warrant. And my assignment was to do the security


3 wing, and that’s what we did.


4 Q. Do you remember whether or not you got a


5 little packet that included an outline of what the


6 case was about and who the significant parties were


7 and that sort of thing?


8 A. I don’t recall that. I do recall getting a


9 list of names that we were supposed to look for in


10 the security office.


11 Q. And you got a copy of the affidavit for the


12 search warrant?


13 A. Right.


14 Q. So you had a chance to familiarize yourself


15 with that; is that correct?


16 A. Yes, sir.

17 Q. And the affidavit would have been something


18 that explained to the judge issuing the warrant,


19 would have explained what your department thought


20 the case was about, and why you should be allowed to


21 search, correct?


22 A. True.


23 Q. Correct?


24 A. Yes.


25 Q. And — all right. Did you have a copy of


26 the warrant itself, see a copy of the warrant?


27 A. We did get a copy of the warrant and we did


28 read it, yes. 7220


1 Q. Was it your understanding, from all of that


2 information, that the warrant was for the main


3 residence, correct?


4 A. Yes.


5 Q. And it was for the security office, correct?


6 A. Yes.


7 Q. And it was for the separate building that


8 was described as an arcade; is that correct?


9 A. I don’t specifically recall that.


10 Q. All right. In any event, it was not for


11 every building on that ranch, was it?


12 A. I don’t have that specific knowledge.


13 Q. All right. In any event, to your


14 knowledge — well, let me withdraw that.


15 Aside from where you said you looked, which


16 would have been the security office, and then in


17 that same building, which was part of the garage,


18 correct?


19 A. Correct.


20 Q. You looked in the garage?


21 A. Correct.


22 Q. And then you went upstairs in that same


23 building and you looked in the video library,


24 correct?


25 A. Correct.


26 Q. All right. Other than that, you did not


27 search any other part of that ranch, you personally,


28 for records, correct? 7221


1 A. No, I did not.


2 Q. And are you familiar with Brian Barron?


3 A. I know the name. A security guard.


4 Q. Were you aware that he was a sworn peace


5 officer?


6 A. At the time of the search I don’t believe


7 so.


8 Q. You’re aware —


9 A. I hadn’t paid attention.


10 Q. You are aware now; is that correct?


11 A. Yes.


12 Q. And if he has indicated that records are


13 accurate, as presented to him in court by the


14 prosecutor that pertain to these gate logs, would


15 you have any reason to believe that he was


16 incorrect?


17 MR. SNEDDON: Your Honor, I’m going to


18 object. Calls for speculation; no foundation.


19 THE COURT: Sustained.


20 MR. SANGER: Okay. I have no further


21 questions.


22 MR. SNEDDON: Nothing further.


23 THE COURT: Thank you. You may step down.


24 MR. SNEDDON: Thank you, Sergeant Cleaves.

The next prosecution witness was Detective Timothy Sutcliffe, who testified earlier about the prosecution’s fingerprint evidence, and was recalled in order to be questioned about the assistance that he gave to Sgt. Cleaves during the Neverland raid. He also confirmed that the Arvizo children stayed at Neverland on December 2nd, 2002, but Janet was not there (they went there with Chris Tucker) based on the guest records that he seized (which were only the records that had the Arvizo’s names on them):





17 Q. Actually, just to clarify things, you’re the


18 same Timothy Sutcliffe who testified previously in


19 this case?


20 A. Yes, I am.


21 Q. That was a long time ago, but — now,


22 everybody probably recalls this, but just for the


23 purposes of refreshing people’s recollections,


24 you’re employed by the Santa Barbara County


25 Sheriff’s Department?


26 A. That is correct.


27 Q. And your current assignment is?


28 A. I work for the Criminal Investigations 7223


1 Division in the Forensics Unit.


2 Q. And was that your assignment back on


3 November 18th of 2003?


4 A. Yes, it was.


5 Q. Now, on that particular date, were you


6 assigned to assist Sergeant Cleaves in the review of


7 certain records and files in the security office of


8 Neverland Valley Ranch during the execution of a


9 search warrant?


10 A. Yes, I was.


11 Q. Now, tell me what you did on that particular


12 day with regard to the records in the security


13 office.


14 A. We were given a list of names of individuals


15 that — to search for specific items. We were


16 checking through the security documents, which were


17 gate logs and guest lists, for those particular


18 names, and I did find some of those items.


19 Q. And with regard to the items that you found,


20 what did you do with them?


21 A. As I collected those items, I then gave


22 those to Detective Moeller, who listed them on the


23 SH-451 property form.


24 Q. Now, prior to testifying here today, I asked


25 you to review the logs that you personally took on


26 the occasion of the execution of that search warrant


27 on November 18th. Do you recall doing that?


28 A. That’s correct. 7224


1 Q. And I specifically asked you to review those


2 logs to see whether or not you found the name of


3 Janet Arvizo on any of those documents that you


4 took.


5 A. That’s correct.


6 Q. And with regard to the documents you took,


7 you found the name of the Arvizo children listed,


8 did you not?


9 A. Yes, I did.


10 Q. And on the documents that you reviewed, did


11 you find the name of Janet Arvizo listed as a guest


12 at the ranch during any of those occasions?


13 A. No, I did not.


14 Q. Now, the records that you found, describe to


15 the jury the process that you went through


16 personally to take the records.


17 A. There were several boxes of records, and


18 there was a filing cabinet, and I had selected a


19 specific box to go through of records. And as I was


20 pulling the records out, looking over each


21 individual record searching for those individuals’


22 names, then I would set those aside. And when I was


23 done with a particular box or file, I’d hand those


24 to Detective Moeller so he could enter those into


25 the 451 form.


26 Q. All right. Now, lastly, with regard to the


27 logs and the documents that you actually took on


28 this particular occasion, did you find or take any 7225


1 logs that went beyond the date of December 31st of


2 2002?


3 A. Can I check my —


4 Q. Do you need to refresh your recollection on


5 that?


6 A. Yes, I do.


7 Q. What document are you doing that from?


8 A. The SH-451 form.


9 Q. All right. Please take a look at it and see


10 if it refreshes your recollection. That’s just for


11 the documents you took, now.


12 A. Correct.


13 Yes, just the last entry is 12-2 of .02.


14 Q. Nothing with regard to the year 2003?


15 A. No.


16 MR. SNEDDON: Thank you. No further


17 questions.


Sanger’s cross examination of Sgt. Sutcliffe focused on the fact that he did not make a note of the records that were in the office after December 2nd, 2002, despite the fact that there were many records from early 2003.





21 Q. Detective Sutcliffe, how are you?


22 A. Good morning.


23 Q. The logs that you saw were located in the


24 security office; is that correct?


25 A. That’s correct.


26 Q. All right. And that is, once again, the


27 office at the end of the building that has the


28 garage on the first floor and the video library on 7226


1 the second floor; is that correct?


2 A. That’s correct.


3 Q. Did you search the administration building?


4 Do you know where the administration building is?


5 A. No. If you could tell me where it is.


6 Q. Up on the hill.

7 A. No, I did not search the administration


8 building.


9 Q. Okay. Did you — did you — and you were


10 briefed before you went out there to do the search;


11 is that correct?


12 A. That’s correct.


13 Q. The search warrant did not include the


14 administration building, did it?


15 A. I don’t recall on that.


16 Q. Okay. And you did not search the office at


17 the gate; is that correct?


18 A. No, I did not.


19 Q. You said the last record you have an entry


20 for in your sheriff’s booking form is December 2,


21 2002; is that correct? Is that what you just said?


22 A. Can I check?


23 Q. Sure. Certainly. I thought I was wrong.


24 But you need to look. That’s fine. Okay.


25 A. Yes, 12-2 of .02.


26 Q. Okay. That’s the last record you seized; is


27 that correct?


28 A. That’s the last — the latest date. 7227


1 Q. That’s the last date or the latest date that


2 you seized, correct?


3 A. That is correct.


4 Q. That is not the latest date that you saw?


5 A. I don’t recall any further than that.


6 Q. Do you recall seeing records there at that


7 office that went through the end of 2002?


8 A. Yeah, I — I recall. I think there was some


9 2003 records as well.


10 Q. Some 2003?


11 A. But I didn’t seize those, no.


12 Q. In any event, you just seized the records up


13 to the date — let me withdraw that.


14 You just seized the records that had entries


15 for the names that you were looking for, correct?


16 A. Correct.


17 Q. And you did not make any record of the last


18 date of any records that were there; is that


19 correct?


20 A. I don’t understand the question, I’m sorry.


21 Q. That’s fine. You did not make a note of the


22 last — the most recent record that was there


23 present in the office; is that correct?


24 A. The only ones I’m real familiar with are the


25 ones I collected. And the last date of the items I


26 collected was — the latest date was 12-2 of 2002.


27 Q. Okay. My question was, you did not make a


28 note of the latest date that was present in the 7228


1 office, did you?


2 A. No, I did not.


3 Q. And your recollection was, however, that you


4 did not have the current logs for 2003, correct?


5 A. I recall that there was some 2003 logs. I


6 just remember dates for 2003, but I don’t recall


7 what exactly they were.


8 Q. Okay. You didn’t have logs — this was


9 November 18th, 2003, that you’re there, right?


10 A. Correct.


11 Q. You didn’t have the logs for November 17th,


12 for instance, did you?


13 A. Not that I’m aware of.


14 Q. All right. And you did not locate the


15 current logs for the recent months of 2003 in your


16 searching, correct?


17 A. I personally did not, no.


18 MR. SANGER: All right. I have no further


19 questions. Thank you.

Sneddon redirect examined Det. Sutcliffe to have him clarify to the jury exactly why he didn’t seize any records that did not contain the Arvizo’s name on it, which were the only records authorized by the judge’s search warrant:





23 Q. Well, let’s just get this straight so


24 everybody understands it.


25 You were only authorized by the warrant to


26 seize documents through the time that the Arvizo


27 family was there, isn’t that correct, through March


28 of 2003? 7229


1 A. That’s correct.


2 Q. So there would be no reason to look for


3 documents in April, May, June, July, November of


4 2003?


5 MR. SANGER: Objection. That’s leading and


6 it’s also argumentative.


7 THE COURT: Sustained.


8 Q. BY MR. SNEDDON: In the execution of the


9 search warrant, are you bound not to review the


10 records that go beyond the period authorized by the


11 judge in the warrant?


12 A. Yes.


13 Q. Now, with regard to whatever document you


14 may have seen in 2003 that would have been within


15 the time limit of the warrant itself, did you


16 personally see anything within 2003?


17 A. No.


18 MR. SANGER: Excuse me, I’m going to object


19 to that question. The way it’s phrased is — it’s


20 vague and it’s also compound, if I understand it at


21 all.


22 THE COURT: Sustained.


23 Q. BY MR. SNEDDON: Did you personally see any


24 documents during your examination of the records


25 covering the month of January 2003?


26 A. I don’t recall the specific month. I just


27 remember seeing 2003s. Seems to me that there was


28 some, but I don’t recall any specific information 7230


1 about 2003.


2 Q. In the execution of the warrant, if you’d


3 seen something during the time period set forth in


4 the warrant, in other words, January, February,


5 March of 2003, and it contained the name of any of


6 the parties that you were looking for, would you


7 have taken it?


8 A. Yes, I would have.


9 MR. SNEDDON: Nothing further. No further


10 questions.


11 THE COURT: Thank you.


12 MR. SNEDDON: Investigator Rooney.


13 THE COURT: We’ll take our break.


14 MR. SNEDDON: Okay.


15 (Recess taken.)


16 THE COURT: Counsel?


17 MR. SNEDDON: Thank you, Your Honor. Tim


18 Rooney.


19 THE COURT: Remain standing, please. Face


20 the clerk and raise your right hand.

The next prosecution witness was senior criminal investigator Timothy Rooney, a 16 year veteran of the District Attorney’s office. His duty during the raid of Neverland was to participate in the review of documents and logs that were seized from the security office, none of which were dated after December 31st, 2002:





5 Q. Mr. Rooney, you’re employed by the Santa


6 Barbara County District Attorney’s Office, correct?


7 A. Yes, sir.


8 Q. How long have you been with the District


9 Attorney’s Office?


10 A. 16 years.


11 Q. And in what capacity are you employed by the


12 District Attorney’s Office?


13 A. Senior criminal investigator.


14 Q. Before that, did you have law enforcement


15 experience?


16 A. 11 years with Santa Barbara Police


17 Department.


18 Q. Okay. Now, on November the 11th of —


19 November the 18th, I’m sorry, November 18th, 2003,


20 were you assigned to participate in the execution of


21 a search warrant on Neverland Valley Ranch?


22 A. Yes.


23 Q. And what were your — was part of the


24 assignment that you were given that day to


25 participate in the review of some documents and logs


26 in the security office?


27 A. Yes.


28 Q. And were you working in conjunction with 7232


1 other people in doing that?


2 A. Yes, sir.


3 Q. I’m not sure that mike’s working. You might


4 want to try that one there.


5 A. Okay.


6 Q. And who was it that you were working with in


7 processing these documents?


8 A. Sergeant Steve Cleaves from the sheriff’s


9 office, Deputy Moeller from the sheriff’s office,


10 Tim Sutcliffe from the sheriff’s office, Shelly


11 Sweeton, a criminal investigator with the District


12 Attorney’s Office, and myself.


13 Q. And from where did you obtain the materials


14 that you personally went through?


15 A. From the security area.


16 Q. And were they in some form of containers?


17 A. Yes.

18 What kind?

19 A. Some were retrieved from files that were in


20 file cabinets and boxes.


21 Q. Now, what is the process that you used in —


22 first of all, were you given a list of names of


23 people to look for on these logs and records?


24 A. Yes.


25 Q. And what was the nature of the records that


26 you were looking through?


27 A. Records consisted of logs of people going in


28 and out of the ranch, employees, guests, business 7233


1 vendors.


2 Q. And you had a list of names to look for; is


3 that correct?


4 A. Yes, sir.


5 Q. And during the course of your examination of


6 the documents that you personally examined, did you


7 have occasion to remove some of those documents?


8 A. Yes, I did.


9 Q. And after you removed them, what did you do


10 with them?


11 A. I notified Deputy Moeller and he scribed


12 them, took them from my possession and documented


13 them.


14 Q. So he took them from you, you gave them to


15 him and he documented them —


16 A. Yes.


17 Q. — is that correct?


18 A. Yes, sir.


19 Q. Now, have you had a chance to review the


20 documents that you took on that particular day —


21 A. Yes.


22 Q. — generally speaking?


23 A. Yes, I have.


24 Q. Do any of those documents include documents


25 after the date of December 31st of 2002?


26 A. I don’t believe so.


27 MR. SNEDDON: No further questions.


28 // 7234

Sanger asked Rooney a few general questions about his participation in the raid at Neverland, and that was all:





3 Q. Good morning.


4 A. Good morning.


5 Q. It’s still morning. We always have to check


6 here. We get kind of out of sequence.


7 Did you write a report in this case?


8 A. No, sir.


9 Q. Your assignment, among other things, was to


10 look through those documents; is that correct?


11 A. Yes.


12 Q. Were you assigned to do anything else in


13 this case?


14 A. I helped search the video movie room that he


15 had.


16 Q. The video library?


17 A. Yes, the library.


18 Q. I’m sorry.


19 A. The video library at the ranch.


20 Q. I didn’t mean to talk over you.


21 Okay. The video library was upstairs in the


22 same building as the security office?


23 A. Yes.


24 Q. And you also were assigned to stand watch


25 over the guest units until somebody came to search


26 them?


27 A. Yes.


28 Q. Okay. Other than that, did you do anything 7235


1 else in this case?


2 A. I went to the back employee area and stood


3 by till somebody came — from the sheriff’s office


4 came and contacted the employees.


5 Q. Okay. Did you search the administration


6 building? Let me ask the foundational question. Do


7 you know where the administration building was on


8 the ranch?


9 A. No, sir.


10 Q. Okay. You were down at the main residence


11 on the adjoining building with the video library and


12 the security office, correct?


13 A. Yes, sir.


14 Q. You did not go up on the hill to an


15 administration building to search there, did you?


16 A. Yes, that’s the building I was referring to


17 in the back. I didn’t search there, but I stood by


18 with the employees until somebody from the sheriff’s


19 office relieved me. I did not search that area.


20 Q. You’re saying “the back.” Do you mean right


21 behind the house?


22 A. Up high where you’re talking about.


23 Q. What does that building look like?


24 A. I don’t remember.


25 Q. Was it an industrial-looking building?


26 A. I believe so.


27 Q. Okay. So we’re then talking about the — is


28 that the building that has a fire truck up there? 7236


1 A. There were no fire trucks when I was up


2 there, I don’t believe, but other employees’


3 vehicles.


4 Q. All right. Okay. In any event, you did not


5 search inside of that administration building; is


6 that correct?


7 A. That’s correct.


8 Q. And you’re aware at the front gate there is


9 an office at the gatehouse; is that correct?


10 A. Yes, there is.


11 Q. Did you search the office at the gatehouse?


12 A. No, sir.


13 MR. SANGER: Okay. Thank you. No further


14 questions.


15 MR. SNEDDON: Nothing further.


16 THE COURT: Thank you. You may step down.

The next prosecution witness was Detective Steven Moeller, who also searched the security office at Neverland, and served as a scribe who logged evidence that was seized into the official police records. He was asked to review the documents that he seized, and confirm that all but one were from the year 2002:





7 Q. All right. Mr. Moeller, you’re going to


8 have to scoot up to that microphone there.


9 A. Can you hear me?


10 Q. That’s perfect. That’s as good as it gets


11 in here.


12 All right. You’re a deputy employed by the


13 Santa Barbara County Sheriff’s Department?


14 A. I am.


15 Q. How long have you been with the department?


16 A. 30 years.


17 Q. And what are your current duty assignments?


18 A. Currently I’m attached to the Aviation


19 Bureau of the sheriff’s department.


20 Q. And on November the 18th of 2003, you are


21 one of the people who participated in the execution


22 of a search warrant at Neverland Valley Ranch; is


23 that correct?


24 A. That’s correct.


25 Q. And on that particular occasion, were you


26 assigned some responsibilities in connection with


27 the execution of that warrant at the security


28 office? 7238


1 A. Yes, I was.


2 Q. And what were those responsibilities?


3 A. To go through various documentation looking


4 for specific names on the list, and doing a basic


5 search of that security office.


6 Q. All right. And were you assigned a


7 particular responsibility with regard to any of the


8 documents that were found during the course of that


9 search?


10 A. Yes. I was a scribe.


11 Q. What’s that mean?


12 A. That means that I — for the search team,


13 once they find something that they believe they want


14 to hold as evidence, they turn it over to me, I


15 assign it a number, and then I fill out the property


16 sheet.


17 Q. And then after you assign it a number and


18 you fill out the property sheet, what do you do with


19 it? What did you do with it on this occasion?


20 A. The evidence?


21 Q. Yes.


22 A. Bagged it.


23 Q. Okay. And then after you bagged it?


24 A. I turned it over to the evidence officer.


25 Q. All right. Now, you were working with some


26 other officers in the security office who you


27 provided the scribe responsibilities for. Now, who


28 were the other officers you were working with in 7239


1 there?


2 A. There was Sergeant Steve Cleaves, Detective


3 Sutcliffe, Detective Rooney, and Detective Sweeney.


4 Q. And as they — as they gave you the


5 particular item and you assigned a number to it, did


6 you make out what’s called an SH-451 form?


7 A. I did.


8 Q. What is that, for the jury?


9 A. Basically that takes the evidence that’s

10 turned over, any description of that evidence, and


11 we log who located that evidence and what location.


12 Q. All right. I want to show you a series of


13 exhibits, with the Court’s permission.


14 I can approach the witness, if I might.


15 THE COURT: Yes.


16 MR. SNEDDON: And Counsel, this is 300


17 through —


18 MR. SANGER: 334.


19 MR. SNEDDON: 334. Excellent.


20 Q. I’m going to ask you to examine the items


21 300 through 334, which basically ends where that


22 yellow tag is.


23 MR. SANGER: Your Honor, I’m going to object


24 to this procedure as cumulative, in that there’s


25 already a foundation and these documents were


26 admitted.


27 MR. SNEDDON: I have other questions about


28 the documents that I’m going to ask. 7240


1 THE COURT: I’m not going to rule on your


2 objection, because I don’t know — he’s just asked


3 him to look at the records. So I don’t know if it’s


4 cumulative or not.


5 Q. BY MR. SNEDDON: Okay. Have you looked at


6 all those documents?


7 A. I have.


8 Q. Now, with regard to the very last one, this


9 is People’s 333, it’s in evidence, it’s the one —


10 yeah, flip that over, because I’m going to ask you a


11 question about — no. Flip it this way.


12 A. Okay.


13 Q. With regard to that particular document, in


14 the upper left-hand corner is a number written in


15 ink; is that correct?


16 A. That’s correct.


17 Q. And do you recognize that number?


18 A. Yes.


19 Q. Okay. Did you put that number on there?


20 A. I did.


21 Q. Okay. Now, go back one more document, if


22 you would. That document — excuse me. With regard


23 to the exhibit we were just talking about is in


24 small numbers, black ink, correct?


25 A. That is correct.


26 Q. Now, go back one more.


27 MR. SANGER: May I approach, Your Honor?


28 I’m not sure I’m following this. 7241




2 MR. SNEDDON: It’s the same as in yours.


3 MR. SANGER: It’s a different colored ink on


4 that one. This is not colored.


5 MR. SNEDDON: It’s black.


6 MR. SANGER: I see, okay. That was the


7 first number? Can I just ask where the second


8 number was?




10 MR. SNEDDON: That’s on 601.


11 THE WITNESS: 601.


12 MR. SNEDDON: In the upper left-hand corner


13 of the document.


14 MR. SANGER: All right. Thank you.


15 Q. BY MR. SNEDDON: Moving back, the next


16 document has, in the upper left-hand corner, what


17 number in black?


18 A. 6-3-5.


19 Q. Is that your handwriting?


20 A. Yes.


21 Q. Now, the handwriting with regard to 635


22 compared to 601 is significantly larger, is it not?


23 A. It is.


24 Q. Okay. And with regard to the review of the


25 documents that I asked you to do in front of the


26 jury here, those all have large print on them like


27 the 6 — like the one that’s marked as People’s 332,


28 correct? 7242


1 A. Correct.


2 Q. So even though they’re smaller in size in


3 one case and bigger in others, it’s the same


4 handwriting, your scribe?


5 A. It is.


6 Q. Do you have your SH-451 form —


7 A. I do.


8 Q. — with you?


9 Don’t look at it yet. I’m going to ask you


10 a question.


11 A. Okay.


12 Q. And if you have to look at it, I’ll let you


13 do that.


14 A. Oh. Okay.


15 Q. With regard to the items that were given you


16 from No. 300 through 332 – okay? —


17 A. Okay.


18 Q. — were any of those documents beyond the


19 date of January 1st, 2003?


20 A. I don’t believe so.


21 Q. Did you — would your SH-451 help you


22 refresh your recollection to that effect?


23 A. It might.


24 Q. Make sure you’re certain of that.


25 Let me just ask you a question. Your


26 report, your SH-451, is listed by item number,


27 correct?


28 A. Correct. 7243


1 Q. So it doesn’t necessarily correspond,


2 without individually looking at every page, as to


3 which is which?


4 A. Correct.


5 Q. So why don’t we just turn all the way back,


6 just momentarily to get the place on this, to Item


7 No. 300 — or Item 301. How’s that? Just turn the


8 book to 301.


9 A. 301.


10 Q. Okay. And that corresponds to your Item No.


11 614, correct?


12 A. Correct.


13 Q. Just run consecutively to 614 down to the


14 end of your documents.


15 MR. SANGER: I’m going to object, Your


16 Honor.


17 MR. SNEDDON: Let me do it another way.


18 MR. SANGER: Sorry. Go ahead.


19 Q. BY MR. SNEDDON: Just please review your


20 form for right now.


21 A. Okay.


22 Q. And, now, does that refresh your


23 recollection as to whether or not items — the


24 evidentiary items 301 through 332 were all items


25 from the year of 2002?


26 A. With the exception of one.


27 MR. SANGER: I’m going to object, Your


28 Honor. The exhibits speak for themselves. We’re 7244


1 getting a report about the exhibits.


2 THE COURT: He just asked him to refresh his


3 recollection. If I understand your objection


4 correctly, I’ll overrule it.


5 MR. SANGER: Well, the objection was — the


6 question was, what is the dates on the exhibits, not


7 in his report.


8 THE COURT: He asked him to review the item


9 and see if it refreshed his recollection.


10 Q. BY MR. SNEDDON: This would be only through


11 Items — your Item 635?


12 A. Correct. 2002.


13 THE COURT: I think what’s happened is the


14 question is in two stages. So I’ll ask you to break


15 the question down to two separate questions.


16 MR. SNEDDON: Yes, Your Honor. I will do


17 that.


18 Q. Does reviewing your SH-451 form refresh your


19 recollection as to whether or not the Exhibits 301


20 through 332 are all from the same year?


21 A. Correct.


22 Q. And that year would be what?


23 A. 2002.


24 Q. And there was a single document which is


25 Exhibit 333, correct?


26 A. Correct.


27 Q. One-page document. That was from the year


28 2003? 7245


1 A. Correct.


2 MR. SNEDDON: Nothing further.


3 MR. SANGER: The only problem is the book


4 that was given to me has a two-page document. Maybe


5 it’s two sides of one page.


6 May I just inquire?

Under cross examination, Moeller was questioned by Sanger about the document from 2003, which wasn’t a gate log, but was a Neverland Valley Medical Report log:





10 Q. 333, is that two pages, or is it one page


11 with two sides, or what is it?


12 A. Two sides.


13 Q. Actually —

14 A. Well —


15 Q. — one piece of paper?


16 A. No, two pieces of paper.


17 Q. So basically, then, the answer would be


18 Exhibit 333 is two pages that pertain to 2003?


19 A. Correct.


20 Q. Without getting too complicated here, you


21 have a number of records which include gate logs


22 from 2002?


23 A. Correct.


24 Q. And then you have two pages, which is


25 Exhibit 333, that are not gate logs; is that


26 correct?


27 A. No, they’re not.


28 Q. Okay. So you have — those are a Neverland 7246


1 Valley Fire Department Emergency Medical Report from


2 2003, correct?


3 A. Correct.


4 Q. And then there’s a Neverland Valley Medical


5 Report Log from 2003?


6 A. That’s also correct.


7 Q. So those medical reports are from 2003. The


8 gate logs that you scribed in during the search were


9 from 2002?


10 A. Correct.


11 Q. There you go.


12 Now, by the way, is your assignment with the


13 Aviation Bureau, is that a — does that mean you’re


14 up in the air full time in a helicopter or a plane?


15 A. Yes.


16 Q. That’s where you are at all times?


17 A. As much as —


18 Q. As much as you can, probably?


19 A. As much as the county can afford.


20 Q. When did you first get that assignment?


21 A. Approximately six years ago.


22 Q. All right. So at the time you were — you


23 were assigned to do this, you were taken out of the


24 air to come down to the ground and help out?


25 A. Actually, during that year that the search


26 warrant occurred, I was temporarily with the


27 narcotics unit for about eight months.


28 Q. So you were working as a detective? 7247


1 A. I was.


2 Q. And you have prior experience as a detective


3 in the department?


4 A. No.


5 Q. That was your only time as a detective?


6 A. Yes.


7 Q. All right. Now, you were briefed on this


8 search before you went out to the ranch, correct?


9 A. Correct.


10 Q. And you received a copy of the search


11 warrant, correct?


12 A. Correct.


13 Q. And you were aware of the structures that


14 were covered by the search warrant; is that correct?


15 A. Correct.


16 Q. And that would be the main house, correct?


17 A. Correct.


18 Q. The security office, correct?


19 A. Correct.


20 Q. And then the arcade building?


21 A. Yes.


22 Q. Did you search the administration building?


23 A. I did not.


24 Q. Do you know where that administration


25 building was?


26 A. No.


27 Q. Were you aware there was an


28 industrial-looking building up on the hill? 7248


1 A. If that’s by the fire department —


2 Q. Yes.


3 A. — area, yes.


4 Q. You’re aware of that building?


5 A. I’m aware of that building, yes.


6 Q. But you did not search it?


7 A. I did not.


8 Q. And you’re aware of the gatehouse or the


9 office next to the gate, the very front gate on


10 Figueroa Mountain Road, correct?


11 A. Yes.


12 Q. And that was an office that was not searched


13 as well; is that correct?


14 A. I did not search that.


15 MR. SANGER: All right. Okay. No further


16 questions.


17 MR. SNEDDON: Nothing further, Your Honor.


18 THE COURT: You may step down.


19 MR. AUCHINCLOSS: Your Honor, we’ll call


20 Jeff Klapakis as our next witness.

The next prosecution witness was Lieutenant Jeff Klapakis, who also testified earlier in the trial and was recalled to testify about his participation in the search of unindicted co-conspirator Marc Schaffel on January 31st, 2004. As he sat in the witness stand, prepared to be questioned, Judge Melville unexpectedly decided to dismiss the jury for the rest of the day because he needed to hear the prosecution and defense’s arguments for and against, respectively, the admission of a key prosecution witness, who happened be an expert on Battered Women’s Syndrome.






3 Q. Good afternoon, Lieutenant Klapakis.


4 A. Good afternoon.


5 Q. You’ve previously testified in this case


6 that you were a lieutenant assigned to the Michael


7 Jackson case. During the month of January in 2004,


8 did you serve a search warrant on the home of


9 F. Marc Schaffel?


10 A. Yes.


11 Q. And where did you serve that warrant?


12 A. In Calabasas, California. At his residence.


13 Q. What was the date of the — that the warrant


14 was served?


15 A. January 31st, .04.


16 MR. SANGER: Before we go any further —


17 yes, all right. Before we go any further, could we


18 approach the bench briefly?


19 THE COURT: Yes.


20 MR. SANGER: Thank you.


21 (Discussion held off the record at sidebar.)


22 THE COURT: (To the jury) Before we have any


23 further testimony, I have to hear some motions, and


24 not just as to this witness, but to several


25 witnesses that the District Attorney is anticipating


26 calling. And there’s — I don’t see any way that we


27 could complete those this afternoon, so I’m going to


28 have to let you go home. 7250


1 THE JURY: (In unison) Oh.


2 (Laughter.)


3 THE COURT: I knew you would be disappointed.


4 So you don’t come back.


5 THE JURY: (In unison) Oh.


6 THE COURT: And I’ll see you Monday at 8:30.


7 Remember the admonitions.


8 Let me just say one thing to you. This is


9 not unusual. When you get to the end of either side


10 of the case, things — it starts stuttering. Every


11 case I’ve ever had, those — the witnesses that are


12 left are the ones that have something that I have to


13 do, and it’s just not unusual. I don’t want you to


14 think it is. It just sort of — cases don’t just


15 ride out to the end smoothly and stop. At least not


16 in my court. They always go bump, bump, bump.


17 That’s where we are; bump, bump, bump.


18 So I’ll see you next Monday.


19 I’m going to just leave the stand for a


20 moment until you’re ready to start the motions.

Let’s look at the motions regarding the admission of this expert witness filed by the prosecution and defense back in January 2005:

On January 18th, 2005 Sneddon filed the motion titled IN LIMINE MOTION RE: ADMISSION OF EXPERT TESTIMONY ON “BATTERED WOMEN’S SYNDROME, in which he described how the years of horrendous abuse that Janet suffered at the hands of her ex-husband David made her a “classic victim” of domestic violence, and whose behavior and actions during her “imprisonment” at Neverland were consistent with “Battered Women’s Syndrome”. According to Sneddon, “expert testimony has been widely accepted as a means to help jurors understand the counter-intuitive behavior of victims of stress disorders.” He wanted to his expert to explain to the jury why Janet kept returning to Neverland, why she didn’t go straight to the police, why she allowed herself to be controlled and manipulated by Jackson’s entourage, why she defended Jackson in the rebuttal video, and other actions that were at variance to how a crime victim would act.

As expected, the defense countered Sneddon’s assertions that Janet’s actions were caused by BWS in this pleading titled OPPOSITION TO DISTRICT ATTORNEY’S MOTION RE: ADMISSION OF EXPERT TESTIMONY ON “BATTERED WOMEN’S SYNDROME”, in which they stated that the prosecution failed to provide adequate information to determine whether or not Janet had indeed suffered from BWS, and because of this lack of information (primarily, the lack of statements from Janet), and the fact that the foundation for that type of evidence had not been laid, they could not possibly oppose their motion. In a nutshell, “the prosecution’s motion explains how BWS testimony would bolster the testimony of Janet Arvizo, but they have not established that her behavior was consistent with being a battered woman.

On January 25th, 2005 the prosecution replied with PLAINTIFF’S REPLY TO DEFENDANT’S OPPOSITION RE: ADMISSION OF EXPERT TESTIMONY ON BATTERED WOMAN’S SYNDROME AT TRIAL, in which Sneddon succinctly stated that the prosecution will indeed lay the foundation for the admission of BWS evidence during the trial.

The first item that was discussed was the prosecution’s motion in limine regarding the admission of an expert witness on Battered Women’s Syndrome.  Sanger requested that the prosecution explain to him why such a witness was needed, so Auchincloss obliged his request and stated that the reason Janet kept returning to her “abusers” at Neverland, never called police, and lied under oath during her depositions about her domestic abuse is due to the Battered Women’s Syndrome that she developed from being in an abusive 16 year marriage to David Arvizo, and there were parallels in the way that Janet was treated by both David and Jackson:

22 (The following proceedings were held in


23 open court outside the presence and hearing of the


24 jury:)




26 MR. SANGER: Your Honor, before you start on


27 the motion, I asked Mr. Dunkle to come over and sit


28 in, because so many of these things were filed at 7251


1 the last minute and he’s worked on responses, so I’d


2 like to have him here. And he’ll be here in a few


3 minutes, but we can start without him, of course.


4 THE COURT: That’s fine.


5 All right. The first item on the calendar


6 is the plaintiff’s motion in limine re admission of


7 expert testimony on Battered Women’s Syndrome. I


8 deferred ruling. I would like to have Mr. Sneddon,

9 whoever is handling the motion here, explain to me


10 why this witness is necessary, what you intend to


11 prove.


12 MR. AUCHINCLOSS: This is my motion, Your


13 Honor. And given the enormity of the evidence


14 concerning Janet Arvizo’s 16-year abusive


15 relationship at the hands of her husband, and given


16 the fact that the charges and facts of this case


17 fall immediately upon the end of that 16-year


18 relationship, both sides have made the issue of this


19 relationship central to this case.


20 The defense has even attempted to use this


21 relationship to show that Miss Arvizo was somehow


22 fraudulent in the J.C. Penney case by attempting —


23 I won’t concede that they were successful, but they


24 attempted to lead the jury to believe that some of


25 her injuries were, in fact, caused by her husband.


26 So there doesn’t seem to be any contention that both


27 sides agree that this woman suffered at the hands of


28 her husband. 7252


1 THE COURT: I guess the issue that I want


2 discussed is what is the relevance here. The code


3 section says that if you show relevance and you have


4 an expert that will so testify —


5 MR. AUCHINCLOSS: Very well. I’ll go


6 straight to the point.


7 False imprisonment. Child endangerment.


8 Personal verbal attacks. Death threats. Isolation.


9 Hopelessness. Emotional abuse. These are all the


10 central issues of domestic violence. They are also


11 the central issues in this case.


12 Domestic violence evidence, expert evidence


13 by a Battered Women’s Syndrome expert, is designed


14 to debunk misperceptions about women who have


15 suffered this posttraumatic stress disorder. Women


16 who have been raped, women who have been beaten,


17 women who have been abused do not act in a — in a


18 predictive manner.


19 There are many misconceptions about how


20 Janet Arvizo should act, given the stimulus of the


21 defendant’s conduct in this particular case.


22 Specifically — these are problem areas for this


23 jury that this expert will help them now to wade


24 through. Specifically, why did she return to her


25 abusers at Neverland? The jury needs to understand


26 that. Victims of domestic violence virtually always


27 return to their abusers.


28 Why didn’t she go to the police? Why 7253


1 doesn’t she report this? Victims of domestic


2 violence — this expert will testify, victims of


3 domestic violence, when they’re threatened, when


4 they’re abused, when they’re taken advantage of,


5 they virtually never go to the police.


6 Why didn’t she make greater attempts to


7 leave? Why didn’t she just walk away? Those are


8 the questions of people who wonder why these women


9 stay in these domestic violence relationships. This


10 expert will help this jury understand this issue.


11 Why she’s still susceptible, why she’s so gullible.


12 Common traits in domestic violence cases. Why was


13 she so easily manipulated? Domestic violence


14 victims are routinely manipulated by the men who


15 abuse them. Why did she continue to trust in people


16 who had proven they were untrustworthy?


17 Another common trait, this learned


18 hopelessness. That’s the terminology that the


19 experts use, “learned hopelessness”; that they


20 become eternal believers in, “Well, you know, if I


21 just tow the line, if I just do what I’m told, if I


22 don’t make any waves, if I don’t make any fuss,


23 everything will be okay.”


24 Why did she act so helpless? A common


25 question that we all have of victims of domestic


26 violence and a common trait that’s certainly


27 associated with this disorder.


28 Why did she have — continue to have hope 7254


1 and faith in Jackson when Jackson’s people were


2 conducting this conspiracy around her? Again, this


3 sense of hope, trying to find some light at the end


4 of the tunnel, trying to believe, wanting to


5 believe. She wanted to believe that Jackson could


6 help her, even when all the evidence was contrary.


7 Why does she lie under oath? Now, here’s an


8 important point. The defense has placed that fact


9 in the center of their attack on Janet Arvizo.


10 They’ve charged her with perjury. They made a big


11 deal about it. They questioned her extensively


12 about that.


13 And this expert will come forward and tell


14 you that victims of domestic violence virtually


15 always or routinely lie under oath and protect their


16 abusers. And that’s exactly what she did in this


17 case.


18 THE COURT: But I’m having trouble keeping up


19 with you here. Are you talking at this point about


20 her lying under oath in depositions about whether


21 her ex-husband was abusive or not?


22 MR. AUCHINCLOSS: Yes, I am.


23 THE COURT: But just before that, you were


24 attributing the — it wasn’t — you were sort of


25 placing Mr. Jackson in the position of a husband,


26 weren’t you?


27 MR. AUCHINCLOSS: Well, I am. I’m


28 placing – 7255


1 THE COURT: You made a big jump there.


2 MR. AUCHINCLOSS: Well, I did. And I’m


3 saying that Mr. Jackson was in a position where he


4 could exploit the vulnerabilities of a woman who


5 suffers from posttraumatic stress disorder.


6 Now, the statute itself says that the common


7 misperceptions regarding Battered Women’s Syndrome


8 is admissible to help the jury understand the nature


9 and effect of the physical, emotional, mental abuse


10 on the beliefs, perceptions and behavior of victims


11 of domestic violence.


12 Janet Arvizo’s beliefs, her perceptions and


13 her behavior in this case have been called into


14 question by the defense. And those beliefs,


15 perceptions and behaviors were altered, permanently


16 probably, during those 16 years of being a battered


17 wife.


18 Now, there are some interesting parallels


19 here, even though Mr. Jackson is not in a position


20 of being a typical classic father figure in a


21 family. I mean, there’s the family overtones.


22 There’s the I’m-going-to-take-care-of-you overtones.


23 There’s certainly some interesting parallels here.


24 But this is primarily to help the jury understand


25 why Janet behaves the way she does. Many questions


26 are asked about this, and questions that have been


27 focused on by the defense.


28 And Janet behaves the way she does because 7256


1 of her history as a victim of domestic violence.


2 Because of the stimulus that’s provided, death


3 threats, she reacts that way when she gets death


4 threats. When she’s scared, when she’s upset, she


5 doesn’t go to the police. When she’s feeling


6 hopeless, she locks herself in a room and sits there


7 on Neverland and doesn’t go out and see anybody.


8 She is — is she paranoid? Yes, as most


9 victims of domestic violence are.

To Be Continued: 

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