April 25th, 2005 Trial Analysis: Kassim Abdool, Jeff Klapakis, Craig Bonner, Victor Alvarez, Part 4 of 4
The next prosecution witness was Lieutenant Jeff Klapakis, who was recalled again in order to testify about the raid of Marc Schaffel’s home on January 31st, 2004. When he was recalled a few days ago, his testimony was interrupted by a hearing that couldn’t wait and had to be conducted that day. He confirmed that he seized several items of evidence, including a file titled “Work Agreement with Neverland Valley Entertainment”.
1 DIRECT EXAMINATION
2 BY MR. AUCHINCLOSS:
3 Q. Good afternoon, Lieutenant Klapakis.
4 A. Good afternoon.
5 Q. You’ve previously testified that you were
6 assigned to the case of People v. Michael Jackson as
7 the lead investigator?
8 A. I was the lieutenant in charge of the case,
10 Q. All right. And I think where I left off
11 questioning you, I asked you if, in the month of
12 January, 2004, you served a search warrant on the
13 home of Frederic Marc Schaffel?
14 A. Yes, I did.
15 Q. And what day was that?
16 A. I believe it was January 31st, .04.
17 Q. Who was with you when you served that
19 A. I had several of my detectives, John
20 McCammon, Craig Bonner, Vic Alvarez, Sergeant Robel.
21 They arrived at differing times. I believe Sergeant
22 Robel was doing something else and he arrived
23 shortly thereafter. Paul Zelis.
24 Q. And were you directed by the Court to seize
25 certain documents pursuant to that search warrant?
26 A. Yes.
27 MR. SANGER: I’m going to object to the
28 Court directing him. He was permitted by the Court 7467
1 to do that.
2 MR. AUCHINCLOSS: It was an order is what it
4 THE COURT: Well, you’re both right. Next
6 MR. AUCHINCLOSS: All right. Thank you.
7 If I may approach, Your Honor.
8 THE COURT: Yes.
9 Q. BY MR. AUCHINCLOSS: Lieutenant Klapakis, I
10 show you a notebook that is marked as original
11 exhibits 400 to 420, F. Marc Schaffel files.
12 Under the Tab 400, there appears to be a
13 single page that says — entitled, “Work Agreement
14 with Neverland Valley Entertainment.” Can you
15 identify that document for me, please?
16 A. Yes, this is a document we found pursuant to
17 that search warrant at Schaffel’s house, and it’s a
18 work agreement between Michael Jackson —
19 MR. SANGER: Objection, Your Honor. That’s
20 nonresponsive. Motion to strike.
21 THE COURT: Stricken.
22 Q. BY MR. AUCHINCLOSS: And this document is
23 noted as Exhibit 400 on the first page; is that
25 A. Yes.
26 Q. Where was this document seized from?
27 A. It was found in a master bedroom closet in
28 Mr. Schaffel’s house. 7468
1 Q. Okay. Was there any box or file cabinet,
2 anything of that nature that you located that file
4 A. No, I believe it was loose in the closet.
5 Q. And now I show you Exhibit 401. It appears
6 to be a four-page document; has Exhibit Tab 401 on
7 the front page, and there appears to be a fax sheet
8 on the front of that to Tom Byrne.
9 A. Yes.
10 Q. Can you identify that document for me,
12 A. Yes. This is a document I found in a locked
13 closet within a guest bedroom of Mr. Schaffel’s
14 house. And it was in a filing cabinet.
15 Q. Okay. Was there anybody living in that
16 guest bedroom?
17 A. No.
18 MR. SANGER: Calls for speculation.
19 THE COURT: Sustained.
20 MR. SANGER: Move to strike the answer.
21 THE COURT: Stricken.
22 Q. BY MR. AUCHINCLOSS: All right. Did you see
23 anybody else’s personal belongings in that room?
24 A. No.
25 Q. And you said that the closet was locked.
26 Tell me about that.
27 A. It was — I believe it was a deadbolt lock
28 on a closet in that bedroom. 7469
1 Q. How did you get into the closet?
2 A. One of my detectives is familiar with how to
3 pick locks, and he picked the lock.
4 Q. And tell me about the filing cabinet that it
5 was seized from.
6 A. There were, I believe, seven filing cabinets
7 in this closet. And I believe it was in the sixth
8 filing cabinet, one of the drawers.
9 Q. And can you identify for me the nature of
10 documents that were found in those filing cabinets
11 along with this document?
12 A. Yes.
13 MR. SANGER: I’m going to object. Calls for
15 MR. AUCHINCLOSS: I’m asking for a
17 MR. SANGER: Then it’s vague.
18 THE COURT: Sustained.
19 Q. BY MR. AUCHINCLOSS: Were you able to
20 determine the identity of the individual whose
21 documents were in those cabinets based upon the
22 totality of everything that you searched?
23 And maybe I’ll back away from that and ask,
24 first of all, did you have occasion to peruse the
25 contents of those various file cabinets?
26 A. Yes.
27 Q. And was there any indicia of ownership
28 located in those file cabinets? 7470
1 MR. SANGER: Objection. Calls for
3 THE COURT: Calls for a conclusion.
5 Q. BY MR. AUCHINCLOSS: Was there anybody’s
6 name associated with the documents in those file
8 A. Yes.
9 MR. SANGER: Objection. Vague; calls for
10 speculation; lack of foundation.
11 THE COURT: Sustained.
12 Q. BY MR. AUCHINCLOSS: Did you have any
13 indication that those file cabinets belonged to
14 anybody other than the owner of that home?
15 MR. SANGER: Objection, Your Honor. This
16 calls for speculation. There’s a lack of foundation
17 proven. It’s an opinion or conclusion.
18 THE COURT: Well, I’ll sustain the objection.
19 MR. AUCHINCLOSS: All right.
20 Q. Did you know if — could you tell, based
21 upon your — well, let me strike that.
22 Did you do a walk-through of that house?
23 A. Yes.
24 Q. Did you locate any other occupants?
25 A. No.
26 Q. Any occupants whatsoever?
27 A. The house was vacant. Not vacant, but
28 nobody was there. Unoccupied. Excuse me. 7471
1 MR. AUCHINCLOSS: Thank you. I have no
2 further questions.
3 MR. SANGER: I’ll let you take your stuff.
4 May I proceed, Your Honor?
5 THE COURT: Yes.
Under a rather quick cross examination, Sanger focused on the fact that many of the documents that were seized belonged to other people who worked with and for Schaffel. This was done to establish to the jury that Jackson’s ownership of and association with the seized documents was to be questioned, and this doubt served as a lynchpin to the conspiracy charge:
8 BY MR. SANGER:
9 Q. Okay. Now, first of all, you said something
10 in response to a question about a search warrant.
11 Your office applied for a search warrant, correct?
12 A. Several.
13 Q. Okay. We’re talking about this particular
15 A. Then yes.
16 Q. And what date was the search warrant applied
18 A. I believe it was applied for on the same
20 Q. What date was that?
21 A. I believe it was January 31st, .04.
22 Q. And at that time, when you applied for the
23 warrant, you understood you were asking the Court’s
24 permission to search a private area, right?
25 A. A residential home.
26 Q. Which would be a private — otherwise a
27 private area, correct?
28 A. Yes. 7472
1 Q. All right. And that is not — you were
2 not — let me withdraw that.
3 It was not your understanding that any
4 court, on its own volition, told you you ought to go
5 search this area; is that right?
6 MR. AUCHINCLOSS: Objection. Calls for a
7 legal conclusion.
8 THE COURT: The objection is overruled.
9 You may answer.
10 THE WITNESS: I’m not quite sure I — could
11 you repeat the question?
12 MR. SANGER: Okay. Could we ask it be read
14 THE COURT: All right.
15 (Record read.)
16 THE WITNESS: If I understand your question
17 correctly, did the Court ask us to go do this? The
18 answer is no.
19 Q. BY MR. SANGER: All right. As part of law
20 enforcement, you decide where you want to go, you
21 ask permission, and you either get it or you don’t
22 when you ask for a warrant, correct?
23 A. Yes. That’s an easy way to say it, sure.
24 Q. All right. Now, when you searched the —
25 these premises, approximately how many documents
26 were ultimately booked into evidence?
27 A. Do you want a guesstimate?
28 Q. Your best estimate, yes. 7473
1 A. Hundreds.
2 Q. Thousands?
3 A. It’s very possible there were thousands.
4 Q. Now, you’re the lieutenant in charge of this
5 investigation, correct?
6 A. Yes.
7 Q. And therefore, your — part of your
8 responsibility is to know what is booked into
9 evidence, correct?
10 A. That’s pretty vague. I mean, it’s — I’m
11 not going to know everything that — on every
12 document that goes in, no. The answer would be no.
13 Q. But you have a general idea of how many
14 documents were seized in January, correct?
15 A. Generally? And I said hundreds, possibly a
17 Q. Hundred, possibly a thousand?
18 A. Yes.
19 Q. Were any other documents seized from Mr.
20 Schaffel on any other occasions?
21 A. Yes.
22 Q. And how many documents were seized?
23 A. No, actually we seized — I’m not sure we
24 seized documents, but we seized computers on a
25 different occasion.
26 Q. All right. And when was that?
27 A. I believe it was a few days afterwards. But
28 again, I’m not sure. I wasn’t present during that 7474
2 Q. And your understanding, as the lieutenant in
3 charge of this investigation, that the computers
4 contained tens of thousands of documents?
5 MR. AUCHINCLOSS: Objection. Beyond the
6 scope, and relevance.
7 THE COURT: Sustained.
8 Q. BY MR. SANGER: Okay. Now, based on your
9 role as the lieutenant in charge of this
10 investigation, were you aware from your
11 investigation that Mr. Schaffel had employed other
13 A. I’m aware that he worked with other people,
14 yes. Whether they were employed by him, that —
15 Q. Were you aware from your investigation that
16 other people had been given office space within Mr.
17 Schaffel’s house?
18 MR. AUCHINCLOSS: Objection. Foundation;
20 THE COURT: Overruled.
21 You may answer.
22 THE WITNESS: I’m aware that Mr. Schaffel
23 also used his home as an office at times.
24 Q. BY MR. SANGER: And he had other people
25 working for him there in his house?
26 A. I believe that they did work out of his home
27 at times, yes.
28 MR. SANGER: There you go. Thank you. No 7475
1 further questions.
2 MR. AUCHINCLOSS: I have no further
4 THE COURT: You may step down.
5 THE WITNESS: Thank you.
The next prosecution witness was Det. Craig Bonner, who was recalled to testify that a recorded phone call between Frank Cascio and Janet Arvizo, and Bradley Miller’s interview with Janet Arvizo, were copied and transcribed correctly.
15 DIRECT EXAMINATION
16 BY MR. AUCHINCLOSS:
17 Q. Good afternoon, Detective Bonner.
18 A. Good afternoon.
19 Q. Before I begin asking you about some files
20 regarding a search warrant, I’m going to cover a
21 couple of other items.
22 Pursuant to your — you previously testified
23 you’re a detective in the People v. Jackson case,
25 A. That’s correct.
26 Q. And pursuant to your investigation, were you
27 asked to compare a sheriff’s office item number, a
28 tape, Item No. 817, with a Court Exhibit No. 827? 7476
1 This would be a phone call that has been admitted
2 into evidence referred to as the “Frank/Janet phone
4 A. That’s correct.
5 Q. Did you compare those items as to their
6 similarity or identical — the identical information
7 on those two — I shouldn’t say documents. I
8 believe they’re two tapes, right? Or CDs?
9 A. That’s correct. Well, the original is a
10 tape. The exhibit is a CD.
11 Q. Okay. So the S.O. No. 817 is a tape that
12 was seized pursuant to this case?
13 A. That’s correct.
14 Q. And you compared that with the Court CD,
15 Item No. 827?
16 A. That’s correct.
17 Q. Are they one and the same, as far as the —
18 as far as the voices and information that’s on those
19 two audio medias?
20 A. Yes, they are.
21 Q. Same question for Sheriff’s Office Item No.
22 818, and Court Exhibit No. 828, which is the Miller
23 interview of the Arvizo family. Did you compare
24 those two items?
25 A. Yes, I did.
26 Q. Again, was 818 a tape?
27 A. Yes, it was.
28 Q. 828 is a CD? 7477
1 A. Yes.
2 Q. And they’re one and the same in terms of the
3 information that’s on them?
4 A. Yes, they are.
5 Q. Okay.
Next, he was questioned about the photographs that he took of the grand jury evidence for documentation purposes, including every page of every magazine that was seized.
6 (Off-the-record discussion held at counsel
8 MR. SANGER: Could we have just a moment,
9 Your Honor, please?
10 MR. AUCHINCLOSS: I need an exhibit number.
11 Q. Detective, pursuant to your duties in this
12 case, were you asked to do a photographic
13 documentation of grand jury exhibits?
14 A. Yes, I was.
15 Q. And what was the nature of that task?
16 A. On July 20th, I went to the Superior Court
17 in Santa Barbara where the exhibits that were lodged
18 into the court from the grand jury proceedings were
19 being held. I then photographed certain exhibits at
20 that location, including every page of magazines
21 that were booked in.
22 MR. AUCHINCLOSS: Okay. And if I might
23 approach again, Your Honor.
24 THE COURT: Yes.
25 Q. BY MR. AUCHINCLOSS: Detective, I show you a
26 envelope with “Exhibit 53, GJ Pics” written on the
27 outside. It appears to contain a document with
28 Item 317 on the top. It is held together by a green 7478
1 paper clip and there’s three pages to it.
2 And then there appear to be a number of
3 photographs that are following that, along with
4 photographs of the contents of Exhibit 470 face
6 Can you identify that for me?
7 A. Yes, I can.
8 Q. What is it?
9 MR. SANGER: Well, there’s one problem. I
10 think I missed the court exhibit number for what is
11 being shown the witness.
12 MR. AUCHINCLOSS: Exhibit 843.
13 Q. All right. Can you please identify that for
14 me, Detective?
15 A. Yes, I can. When I went to the court,
16 specifically one of the items that I photographed
17 the contents of was Item 317, the black briefcase.
18 That’s also the Grand Jury Exhibit No. 53. I did
19 that with a digital camera.
20 All of those photographs were downloaded
21 onto a CD. These pictures are the printed
22 photographs that I took of the materials. This
23 document corresponds to these pictures and tells the
24 reader which picture corresponds to which item, and
25 to what the current exhibit number is for this
27 In addition to that, I also went in and I
28 handwrote in the sheriff’s department item number 7479
1 for each picture.
2 MR. AUCHINCLOSS: Okay. Ask to admit
3 Exhibit No. 843 at this time, Your Honor.
4 MR. SANGER: I’m going to object to it.
5 Number one, it contains some extraneous material,
6 other than the photographs of the grand jury
8 Number two, that it’s cumulative. These
9 pages of these magazines have already been marked
10 and shown to the jury countless times in different
11 contexts or for different reasons. This being yet
12 another set, it’s cumulative.
13 MR. AUCHINCLOSS: And I’m willing to make an
14 offer as to the specific reason for this, if you
16 THE COURT: Okay.
17 MR. AUCHINCLOSS: Shall we do it at sidebar?
18 THE COURT: All right.
19 (Discussion held off the record at sidebar.)
20 THE COURT: All right. Based on the offer of
21 proof, I’ll admit it.
22 MR. AUCHINCLOSS: All right. If I could
23 have the Elmo, please.
24 Q. All right. So what was the date that you
25 conducted this photo essay of evidence?
26 MR. SANGER: Asked and answered, and “photo
27 essay” is vague and ambiguous.
28 THE COURT: Sustained. 7480
1 Q. BY MR. AUCHINCLOSS: When did you do these
3 A. July 20th.
4 Q. All right. All of them were taken on that
6 A. Yes.
7 Q. And I show you the first page of the
8 three-page document that I previously identified.
9 And if you’d tell me what this, explain this
10 document to me, please.
11 A. This is — I prepared this by order sequence
12 of the pictures. It will tell you the evidence item
13 number, that’s the sheriff’s department number, as
14 well as the trial exhibit number for the item that
15 is pictured.
16 Q. Okay.
17 A. That’s by sequence of the pictures.
18 Q. All right. And there’s three pages of that,
20 A. Correct.
21 Q. Two and a half? Well, almost three.
22 A. They’re the same material. They’re in
23 different order for researching purposes.
Here is more of Det. Bonner’s testimony of the evidence seized from Schaffel’s home that was associated with Jackson:
24 Q. All right. I need you to explain that for
25 me. I’ll show you the first one again.
26 MR. SANGER: Actually, Your Honor, I
27 apologize, I should have brought this up, but we
28 have not been provided a copy of this, of these, of 7481
1 any of this, but specifically these three pages.
2 And it appears that counsel’s not familiar with them
3 either. Could we please have a copy so we can look
4 at them closely while we go through here?
5 THE COURT: Do you have a copy for them?
6 MR. AUCHINCLOSS: No.
7 THE WITNESS: I have an extra copy.
8 MR. AUCHINCLOSS: Thank you, Detective.
9 THE COURT: Go ahead.
10 MR. AUCHINCLOSS: May I proceed?
11 Q. Okay. Now, this one has the notation in the
12 right-hand portion of the document, “Order by
13 picture sequence”?
14 A. That’s correct. So —
15 Q. And what does that mean?
16 A. It means that if you follow along with the
17 pictures, this document is going to follow as the
18 pictures go along.
19 Q. Do you mean in terms of the —
20 A. So if you start, page one, with the first
21 picture, it’s a picture of Item 317-J.
22 Q. Okay. And did you make that notation on
23 each of the pictures that is in this exhibit?
24 A. Yes, I did.
25 Q. Okay. The second page, that’s, “Order by
26 S.B.S.O. item number.” What does that mean?
27 A. It’s the same data that has been
28 reconfigured so that if somebody wants to go and 7482
1 quickly look based upon the sheriff’s department
2 item number, that they can do that, and they can
3 correspond that with the trial exhibit number.
4 Q. Okay. And then lastly, you have, “Order by
5 criminal trial exhibit number.”
6 A. Again, the same data. This time it had been
7 arranged so that you can quickly look, based upon a
8 trial exhibit number, and know what the sheriff’s
9 department number is.
10 Q. Okay. So all of these three documents have
11 the same information in different configurations?
12 A. That’s correct.
13 Q. All right. Now, I’m just going to show you
14 the first page of this group of exhibits and just
15 ask you to explain to me what you did.
16 Okay. These are an example of the
17 photographs you took?
18 A. Yes, they are.
19 Q. And explain this exhibit to me.
20 A. The easiest way — it’s a printout in order
21 of the pictures as they were taken. You can’t
22 really see it too well, it’s a little fuzzy, but
23 317-J is written above this picture.
24 Q. We’re going to give you a laser pointer so
25 it’s a little easier for you, and I’ll blow this up
26 a little bit.
27 A. Okay. This is Item 317-J. I have notated
28 that above the picture. Same thing for this one. 7483
1 If you were to — I’ll skip down to this picture
2 right here. This is 317-A, and the order goes like
4 Q. And these are — this is the — I believe
5 you testified to this, but this is the grand jury
6 exhibit that was presented to the grand jury?
7 A. That’s correct.
8 Q. All right. Detective, did you participate
9 in the execution of a search warrant in the case of
10 People v. Jackson on January 31st, 2004?
11 A. Yes, I did.
12 Q. And whose home did you serve that search
13 warrant on?
14 A. Marc Schaffel or Frederic Schaffel.
15 Q. And did you seize documents pursuant to that
16 search warrant?
17 A. Yes, I did.
18 MR. AUCHINCLOSS: If I might approach again,
19 Your Honor.
20 THE COURT: Yes.
21 Q. BY MR. AUCHINCLOSS: All right. Detective,
22 I show you the notebook that I’ve mentioned as
23 Exhibit 400 through 420. And showing you Exhibit
24 402, which appears to be a Neverland Valley
25 Entertainment — “What more can I give” is at the
26 top of it.
27 I’m sorry. I’m a little ahead of myself
28 here. 7484
1 I’m going to first show you Exhibit 404,
2 which appears to be a two-page document —
3 three-page document. The first page appears to be
4 entitled, “Messages.” Did you seize that document
5 pursuant to the warrant?
6 A. Yes, I did.
7 Q. Then there are two more pages attached to
8 that or behind that, the first of which is entitled,
9 “MJJ Productions Working Group List.” Appear to be
10 phone numbers.
11 Did you also seize those documents, those
12 two documents?
13 A. Yes, I did.
14 Q. Where did you seize those?
15 A. Those were seized from an upstairs bedroom
16 closet. It was a small walk-in closet that was
17 locked, and within that were a number of filing
19 One of these cabinets in particular had a
20 drawer that was pretty much filled with materials
21 related to this case. We seized — or I seized that
22 entire drawer, and that is where this document came
24 Q. Did it come out of a specific file?
25 A. I believe it came out of the Stuart
26 Backerman file.
27 Q. A file that had Stuart —
28 MR. SANGER: I’m going to object to hearsay 7485
1 content. There’s no foundation for any of this.
2 MR. AUCHINCLOSS: I’m just asking where it
3 was located.
4 THE COURT: The objection is overruled.
5 Q. BY MR. AUCHINCLOSS: Moving to 405; let’s
6 see, it appears to be a one-page document with “Bell
7 Yard” at the top of it.
8 Did you seize that pursuant to the execution
9 of this warrant?
10 A. Yes, I did.
11 Q. And where was that document seized?
12 A. This came out of the same file drawer.
13 Q. Moving on to 406, it appears to be a 14-page
14 document. The first document has “Hale Lane” at the
15 top of it. Appears to be a fax sheet.
16 Did you seize this 14 — these 14 pages?
17 A. Yes, I did.
18 Q. And where did they come from?
19 A. Again, out of the same file drawer.
20 Q. 407, it appears to be a ten-page document,
21 and the first page appears to be an e-mail entitled,
22 “Spain Deal.”
23 Can you look through those documents and
24 tell me if you seized those pursuant to the search
25 warrant that you’ve been discussing in this?
26 A. Yes, I did.
27 Q. And where were those documents seized from?
28 A. Those were on top of the filing cabinets. 7486
1 Q. Okay. Were they located inside any
2 particular file?
3 A. There was a file titled, “Ronald.”
4 Q. 408 appears to be four pages, and I think
5 we’ve withdrawn that, so I’ll move on.
6 409, that’s my next witness.
7 410, did you seize that document? This
8 appears to be a four-page document, starts off with
9 a phone number sheet, two pages of yellow paper,
10 lined paper, and then a — looks like a fax.
11 A. Yes, I did.
12 Q. Were those seized pursuant to the warrant?
13 A. Yes, they were.
14 Q. And where were they seized from?
15 A. They were seized from, again, on top of the
16 filing cabinets and they were in a file-held address
18 Q. Moving on to 411. This is a two-page
19 document. Appears to be some kind of a computer
20 printout with “Enterprise Rent-A-Car” on the top
21 page of each one. Did you seize those documents?
22 A. Yes, I did.
23 Q. Where did they come from?
24 A. They came from that large filing drawer that
25 we seized, and a — specifically a file in that
26 drawer that said, “Enterprise Rental.”
27 Q. From the locked closet?
28 A. Yes. 7487
1 Q. And the file said, “Enterprise Rental”?
2 A. Yes.
3 Q. Moving on to 412, it appears to be a
4 five-page document, a Hale Lane fax sheet on the
5 first one; “Gabriel Media” on the second one;
6 “Appearance and Consent,” third; “MJJ Productions”
7 on the fourth. The fifth appears to be a signature
9 BAILIFF CORTEZ: They can’t hear you, sir.
10 MR. AUCHINCLOSS: The fifth appears to be a
11 signature page.
12 THE WITNESS: I seized these documents.
13 Q. BY MR. AUCHINCLOSS: Where did you seize
14 them from?
15 A. These were seized from within that same file
16 drawer. Specifically a file titled, “Artist
17 Release,” or “Artist releases.”
18 Q. Okay. Moving on to 413, it appears to be a
19 ten-page document. The first page — the first five
20 pages appear to say, “Appearance, Consent and
21 Release” on them. The next page is a yellow lined
22 page. And the next page appears to have six pages
23 paper-clipped together, all contained in one plastic
24 liner, all right? So we’ve got, looks like, 11
25 pages total in there.
26 Did you seize those documents?
27 A. Yes, I did.
28 Q. Okay. Where did they come from? 7488
1 A. They came from within that large filing
2 drawer and in a file folder titled, “Model
4 Q. And showing you what’s noted as page seven,
5 there appears to be several documents that are
6 paper-clipped together. Were those documents
7 paper-clipped in that fashion when you found them?
8 A. I believe so, yes.
9 Q. All right. Moving on to 414, it appears to
10 be an eight-page document that — and we have — I
11 believe we’ve withdrawn that.
12 So I’ll go to 415, which appears to be 47
13 pages of various records. The first one appears to
14 be — has “Living with MJ, Take 2” at the top.
15 Did you seize those 47 pages, Detective?
16 A. Yes, I did.
17 Q. And where did those come from?
18 A. These were contained within a black binder
19 which I found on a shelf above the filing cabinets.
20 Q. Moving on to 417, skipping 416, it appears
21 to be a 12-page document, at least 12
22 plastic-lined — or, I’ll double-check this. It
23 does appear to be 12 pages.
24 All right. Can you identify that for me,
25 please? Or I should say, did you seize those pages
26 from the home of Marc Schaffel during the execution
27 of this warrant?
28 A. Yes, I did. 7489
1 Q. Where did they come from?
2 A. They came from that same locked walk-in
3 closet in a folder that was up above the filing
5 Q. And going now to — oh, one question that I
6 neglected to ask you. Did that come from a
7 particular file?
8 A. I believe it was the David Gardner LeGrand
10 MR. SANGER: Can we just specify for the
11 record what “that” meant?
12 MR. AUCHINCLOSS: My question went to
13 Exhibit 417. Its location was in the file drawer.
14 My question was —
15 MR. SANGER: I understand. You pointed to a
16 page, and I didn’t know if you were singling out a
17 page or you meant the whole exhibit.
18 MR. AUCHINCLOSS: No, I meant the whole
20 MR. SANGER: I’m sorry to talk directly to
21 counsel, but we worked it out.
22 Q. BY MR. AUCHINCLOSS: Is that clear to you —
23 A. Yes.
24 Q. — that all those documents came from the
25 David Gardner LeGrand file?
26 A. Yes, it is.
27 Q. Skipping 419 for the time being, going to
28 420, which appears to be a 28-page document, or 28 7490
1 separate pages, various — look to be various
2 e-mails, did you seize those documents pursuant to
3 the warrant on Mr. Schaffel’s home?
4 A. Yes, I did.
5 Q. Where did they came from?
6 A. They came out of the same large filing
7 drawer from the locked closet.
8 Q. Moving on to 421, it appears to be a
9 ten-page document. First page says at the top, “Law
10 Office” — “Law Offices of Armstrong, Hirsch, et
11 cetera.” It appears to be a fax sheet with an
12 agreement attached to it. Did you seize those
13 items, Detective, pursuant to your warrant?
14 A. Yes, I did.
15 Q. Where did they come from?
16 A. They came from on top of the filing
18 Q. That were in the locked closet?
19 A. Yes.
20 Q. 422. It appears to be a letter of intent
21 from Royalty Advanced Funding.
22 BAILIFF CORTEZ: Still can’t hear you, sir.
23 You have to —
24 MR. AUCHINCLOSS: Okay.
25 Q. It appears to be a letter of intent from
26 Royalty Advanced Funding. Let’s see. I’m going to
27 have to count these pages. It appears to be 19
28 pages. 7491
1 Did you seize those documents pursuant to
2 your search warrant?
3 A. Yes, I did.
4 Q. And where were they seized from?
5 A. They were also on top of the file cabinets.
6 Q. And same location, locked closet?
7 A. Yes.
8 Q. Did they come out of any specific file?
9 A. I believe they came out of a file titled,
11 Q. And lastly, 423, it appears to be seven
12 pages. The face page looks to be an e-mail followed
13 by various correspondence.
14 Did you seize those documents?
15 A. Yes, I did.
16 Q. Where did they come from?
17 A. They came out of the large filing drawer
18 that we seized.
19 Q. Okay. Once again, the locked file closet?
20 A. Yes.
21 Q. And were they associated with any particular
23 A. I believe it was called “Foreign Rights.”
24 MR. AUCHINCLOSS: All right. Thank you,
25 Detective. No further questions.
26 MR. SANGER: May I have one moment, please,
27 Your Honor?
28 May I proceed, Your Honor? 7492
1 THE COURT: Yes.
Under cross examination, Sanger started off by questioned Det. Bonner about the photos the he took of the Grand Jury evidence. He didn’t realize that one of the fingerprints that was identified as a fingerprint earlier in the trial was located on a magazine that was found in a briefcase, and that’s because he compared his photos with the fingerprints. Bonner also did not determine if the court clerk and her staff were wearing gloves when handling the magazines (yet another sign of carelessness on law enforcement’s part).
4 BY MR. SANGER:
5 Q. Let’s talk about the grand jury pictures
6 here, first of all.
7 Are you aware that one of the fingerprints
8 that was identified sometime ago in this trial was
9 located on a magazine that was in that briefcase?
10 A. I don’t know. I’ve heard that. I don’t
11 know which one.
12 Q. Okay. You’ve heard that?
13 A. Yes.
14 Q. And so you did not go through to compare
15 your numbers to see if the 317 sheriff’s exhibit
16 number matched up with the particular item on which
17 a fingerprint was identified?
18 A. No.
19 Q. Basically what you’re saying here with
20 regard to all these grand jury pictures that we’ve
21 just heard about is, you went to the grand jury
22 clerk, right?
23 A. Correct.
24 Q. And you had her pull out the briefcase,
26 A. Yes.
27 Q. And this — this was theoretically the way
28 the briefcase was delivered to her by the grand jury 7493
1 when they were through; is that right?
2 A. Theoretically, correct.
3 Q. And so if she did her job, she would have
4 kept it intact, and then it would be there, you
5 would open it up, and the contents would be the way
6 that she got it from the grand jury, correct?
7 A. Yes.
8 Q. There was no way for you to know what was
9 done with the briefcase at or during the grand jury
10 proceedings; is that correct?
11 A. No.
12 Q. I’m sorry, I said, “Is that correct?” So
13 that’s my fault.
14 Was there any way for you to know what was
15 done to the briefcase and the contents at or during
16 the grand jury?
17 A. No, there’s not.
18 Q. All right. And when you recovered the
19 briefcase from the clerk, did you ascertain from her
20 that she and staff members had gone through the
21 exhibit without wearing gloves?
22 A. No.
23 Q. Did you do anything to, from that moment
24 forward, preserve the exhibit so that fingerprints
25 could be analyzed?
26 A. Yes, I wore gloves.
27 Q. And did you ask that the clerk wear gloves
28 in the future when handling that exhibit? 7494
1 A. I didn’t know that she hadn’t.
2 Q. Okay. All right. Very well.
3 Let me ask you — Miss Frey, we’re fine on
5 THE CLERK: Okay.
6 MR. SANGER: Thank you. Thank you for
In this excerpt, Sanger grilled Bonner about his knowledge of the evidence that was seized from Schaffel’s home in order to establish with the jury that Jackson had little or nothing to do with the vast majority of it.
8 Q. Let me ask you about some of these exhibits
9 that you had identified from the residence of Mr.
10 Schaffel. And I want to ask you, first of all, if
11 you were aware that persons other than Mr. Schaffel
12 had been working out of his house.
13 A. Yes.
14 Q. Now, you identified most of the exhibits in
15 this book that’s placed before you; is that correct?
16 A. Yes.
17 Q. And by that I mean, just now you went
18 through and you said, “Sure enough, I seized those
19 items,” correct?
20 A. Correct.
21 Q. What percentage, if you can give us an
22 estimate, of the materials that you seized does this
23 book represent?
24 A. 5 to 10 percent.
25 Q. Okay. So there were thousands of pages —
26 A. Yes.
27 Q. — that you seized, correct?
28 A. Yes. 7495
1 Q. And you seized thousands of pages from tens
2 of thousands of pages of documents and materials,
3 maybe more than that, that were in these various
4 offices or file cabinets or whatever the location
5 was within this house, correct?
6 A. Correct.
7 Q. Now, you indicated in your direct
8 testimony — for instance, if you would look at
9 Exhibit 421, please. It’s in front of you there.
10 421 in the book. You indicated that this was a fax
11 with a number of sheets attached to it.
12 The first thing I want you to do is ask you
13 to turn to page two of that exhibit, 421, and note
14 that there’s a handwritten number on the top.
15 A. 8012?
16 Q. Yes, sir. Is that a number that was there,
17 or is that something that was placed there?
18 A. That number has been there. We didn’t put
19 that there.
20 Q. All right. So that’s a number that just was
21 on the document. You seized it. There it was.
22 A. Yes.