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April 26th, 2005 Trial Analysis: Cynthia Montgomery, Jeff Klapakis, and Hamid Moslehi, Part 1 of 4

December 12, 2013

Cynthia Mongomery

The next prosecution witness was Cynthia Montgomery, the flight attendant who testified earlier in the trial on April 21st, 2005 about her interactions with Jackson on numerous chartered flights over the years. She also arranged many of his private trips as well. She was recalled by the prosecution to discuss her knowledge of the trip to Brazil for the Arvizo family that she booked for Ronald Konitizer, Marc Schaffel, and Dieter Wiesner. Here is her description of her duties and interactions with those three:

1 DIRECT EXAMINATION

 

2 BY MR. NICOLA:

 

3 Q. Good morning, Miss Montgomery.

 

4 A. Good morning, Mr. Nicola.

 

5 Q. There’s some water right there. You were

 

6 asking about that this morning.

 

7 A. Okay. Thanks.

 

8 Q. Could you scoot closer to that second mike

 

9 there?

 

10 A. Better?

 

11 Q. Try to keep your voice up so everyone can

 

12 hear you.

 

13 Could you tell the jury, please, what

 

14 profession you’re in.

 

15 A. I’m a travel consultant.

 

16 Can you hear me?

 

17 THE COURT: That was a little low.

 

18 THE BAILIFF: Actually, she needs to move

 

19 closer.

 

20 BAILIFF CORTEZ: There you go. That’s fine.

 

21 Q. BY MR. NICOLA: Move it up. Why don’t we

 

22 try that again.

 

23 What’s your profession?

 

24 A. I’m a travel consultant.

 

25 Q. Okay. Do you have your own business?

 

26 A. Yes, I do.

 

27 Q. And what is it called?

 

28 A. Class A Travel. Also Uniglobe Travel. 7526

 

1 Q. Class A Travel and Uniglobe Travel?

 

2 A. Correct.

 

3 Q. You’re still very soft-spoken.

 

4 A. I don’t mean to be. Can you hear me now?

 

5 Q. Where are you based out of?

 

6 A. Las Vegas. Oops, excuse me.

 

7 Q. Is that where your family is?

 

8 A. My husband, yes.

 

9 Q. How long have you been a travel consultant?

 

10 A. 21 years.

 

11 Q. And what kind of clientele do you service?

 

12 A. 90 percent of my clientele is in the

 

13 entertainment industry. Primarily musicians.

 

14 Q. We can still barely hear you.

 

15 A. Primarily musicians. My clientele is based

 

16 on the entertainment industry.

 

17 Q. Okay. And has it always been based on the

 

18 entertainment industry for clients?

 

19 A. For the last 15 years, 16 years.

 

20 Q. Do you have any experience arranging

 

21 transportation outside of the United States?

 

22 A. Yes, I do.

 

23 Q. Does that include air travel?

 

24 A. Yes, it does.

 

25 Q. And do you have some amount of experience

 

26 dealing with foreign embassies and securing visas

 

27 and passports and things of that nature on behalf of

 

28 your clients? 7527

 

1 A. Yes, I do.

 

2 Q. Are you familiar with the entrance

 

3 requirements, meaning the visa requirements, for a

 

4 U.S. citizen to get into Brazil by air?

 

5 A. Yes, I do. Yes, I am.

 

6 Q. Have you arranged for accommodations for any

 

7 of your clients in the past?

 

8 A. Yes, I have.

 

9 Q. Okay. Do you know the defendant in this

 

10 case?

 

11 A. Yes, I do.

 

12 Q. Mr. Jackson?

 

13 A. Correct.

 

14 Q. And how do you know him?

 

15 A. Through Mr. Schaffel.

 

16 Q. Okay. I’d like to show you —

 

17 MR. SANGER: Tom.

 

18 MR. NICOLA: Oh, Mr. Mesereau?

 

19 MR. MESEREAU: (Nods head up and down.)

 

20 MR. NICOLA: May I approach, Your Honor?

 

21 THE COURT: Yes.

 

22 Q. BY MR. NICOLA: Showing you Exhibit No. 16,

 

23 do you recognize that individual?

 

24 A. Yes, I do.

 

25 Q. And who is that?

 

26 A. Marc — Frederic Marc Schaffel.

 

27 MR. NICOLA: Your Honor, we’d move 16 into

 

28 evidence at this time. 7528

 

1 MR. MESEREAU: No objection.

 

2 THE COURT: It’s admitted.

 

3 Q. BY MR. NICOLA: Does Mr. Schaffel go by the

 

4 names “Fred” or “Marc”?

 

5 A. Yes, he does.

 

6 Q. And what do you call him?

 

7 A. Fred.

 

8 Q. Fred. Okay. And how do you know Mr.

 

9 Schaffel?

 

10 A. Through a man by the name of Steven

 

11 Doolittle. They were business associates.

 

12 Q. How long have you known Mr. Schaffel?

 

13 A. I believe almost 20 years.

 

14 Q. 20 years?

 

15 Are you two friends?

 

16 A. Not anymore.

 

17 Q. Okay. Had you been friends for the majority

 

18 of that 20 years?

 

19 A. Yes.

 

20 Q. And you met Mr. Jackson through Mr.

 

21 Schaffel?

 

22 A. That’s correct.

 

23 Q. At some point in time did Mr. Jackson become

 

24 a client of yours?

 

25 A. Yes, he did.

 

26 Q. And around when was that?

 

27 A. The latter part of 2000.

 

28 Q. Okay. And what did you do for Mr. Jackson 7529

 

1 in that period of time, just very generally, please?

 

2 A. Arranged for his private jet transportation.

 

3 Q. Okay. And did you cease working for him in

 

4 that capacity for some period of time in 2002?

 

5 A. Yes, I did.

 

6 Q. Okay. And when did you resume your duties,

 

7 your activities, with respect to arranging Mr.

 

8 Jackson’s private air travel?

 

9 A. I believe the latter part of 2002. I can’t

 

10 be certain of the date.

 

11 Q. Okay. Later in the year?

 

12 A. I believe so.

 

13 Q. During the period of time that Mr. Jackson

 

14 was a client of yours, did you have occasion to meet

 

15 any of his associates?

 

16 A. Yes, I did.

 

17 Q. Did you meet a man named Dieter Weizner?

 

18 A. Yes, I did.

 

19 Q. Did you know what his capacity was with

 

20 respect to Mr. Jackson?

 

21 A. Yes, I do.

 

22 Q. What is that?

 

23 MR. MESEREAU: Objection; foundation.

 

24 THE COURT: Sustained.

 

25 Q. BY MR. NICOLA: How did you know Mr.

 

26 Weizner?

 

27 A. I met him through Mr. Schaffel.

 

28 Q. Okay. Is it Weizer or Weizner? 7530

 

1 A. Dieter Weizner, is the way I was told to

 

2 pronounce it.

 

3 Q. Okay. And was he associated with Mr.

 

4 Jackson, to your knowledge?

 

5 A. Yes.

 

6 MR. MESEREAU: Objection; leading.

 

7 THE COURT: Sustained.

 

8 Q. BY MR. NICOLA: Do you know what the

 

9 relationship was between Mr. Weizner — Weizner.

 

10 Weezner —

 

11 A. Weizner.

 

12 Q. — and Mr. Jackson?

 

13 A. Could you repeat that? I’m sorry.

 

14 Q. Did you know what the relationship was

 

15 between them?

 

16 MR. MESEREAU: Objection; foundation.

 

17 THE COURT: Overruled.

 

18 You may answer that question. It should be

 

19 answered “yes” or “no.”

 

20 THE WITNESS: Yes.

 

21 Q. BY MR. NICOLA: Okay. And how did you come

 

22 to that knowledge?

 

23 A. By Mr. Schaffel and being around them.

 

24 Q. Okay. Did any of that information come from

 

25 Mr. Weizner?

 

26 A. I was with Mr. Weizner on certain occasions.

 

27 Q. With Mr. Jackson present?

 

28 A. Twice. 7531

 

1 Q. Okay. And did Mr. Weizner represent himself

2 to you as having any business relationship with Mr.

 

3 Jackson at the time?

 

4 A. Yes.

 

5 Q. And what was that?

 

6 A. He was — he owned the merchandise company

 

7 for Mr. Jackson.

 

8 Q. Okay. I’d like to approach and show you

 

9 Exhibit No. 17 and 18.

 

10 Do you recognize the man in Exhibit 17?

 

11 A. I do.

 

12 Q. And who is that?

 

13 A. Dieter Weizner.

 

14 Q. In addition, do you recognize the man in

 

15 Exhibit 18?

 

16 A. I do.

 

17 Q. And who is that?

 

18 A. Ronald Konitzer.

 

19 Q. How do you recognize Mr. Konitzer?

 

20 A. I met him in Las Vegas.

 

21 Q. Okay. And through whom did you know him?

 

22 A. Mr. Schaffel.

 

23 Q. Do you know a man by the name of Frank

 

24 Cascio?

 

25 A. I do.

 

26 Q. Have you met him before?

 

27 A. Once.

 

28 Q. I’d like to show you Exhibit No. 20. Do you 7532

 

1 recognize the man in Exhibit 20?

 

2 A. I do.

 

3 Q. And who is that?

 

4 A. Mr. Cascio.

 

5 Q. Did you ever have occasion to meet a man by

 

6 the name of Vinnie or Vincent Black?

 

7 A. No.

 

8 Q. Okay. How about Vinnie or Vincent Amen?

 

9 A. I don’t recall meeting him. I know who he

 

10 is.

 

11 Q. Did you ever make flight arrangements for

 

12 Mr. Amen?

 

13 A. Yes, I did.

 

14 Q. Did you ever make flight arrangements for

 

15 Mr. Cascio?

 

16 A. I did.

 

17 Q. How about Mr. Konitzer?

 

18 A. Yes, I did.

 

19 Q. How about Mr. Weizner?

 

20 A. Yes, I did.

 

21 Q. When you made these travel arrangements,

 

22 were they in connection with flights that Mr.

 

23 Jackson was also taking?

 

24 A. Sometimes.

 

25 Q. Okay. How about if they were by private

 

26 jet?

 

27 A. Sometimes.

 

28 Q. Okay. And at other times what kind of 7533

 

1 arrangements did you make for those men?

 

2 A. Commercial flights.

In this excerpt, Montgomery was asked by Mag Nicola to describe the work she did for Jackson beginning in late 2002; she would receive requests from Jackson’s assistant Evvy Tavasci or Marc Schaffel to schedule flights for Jackson, and would sometimes pay for them herself before being reimbursed by Jackson:

3 Q. Okay. Now, with respect to the period of

 

4 late 2002 and up to late September of 2003, did you

 

5 have multiple occasions to make flights for Mr.

 

6 Jackson where Mr. Konitzer or Mr. Weizner were also

 

7 on the same flight?

 

8 A. Yes, I did.

 

9 Q. Okay. Who made arrangements for those

 

10 flights? In other words, who contacted you to set

 

11 the flights up?

 

12 A. There would have been two people.

 

13 Q. Let’s start with the first person.

 

14 A. Michael’s assistant, Evvy Tavasci.

 

15 Q. And did she contact you through a company

 

16 that she was working in? Was there a company name

 

17 associated with Evvy Tavasci?

 

18 A. Yes.

 

19 Q. What was that?

 

20 A. MJJ Productions.

 

21 Q. Okay. So Ms. Tavasci would contact you and

 

22 then what would happen?

 

23 A. I would arrange for jets or commercial

 

24 flights per her instructions.

 

25 Q. She would send you instructions about where

 

26 Mr. Jackson wanted to go?

 

27 A. Correct.

 

28 Q. And then you would do what? 7534

 

1 A. I would make a phone call to reserve a jet

 

2 for him.

 

3 Q. Okay. Was there a company that you worked

 

4 with primarily in reserving a jet for Mr. Jackson?

 

5 A. Yes.

 

6 Q. And what was that company?

 

7 A. Xtra Jet.

 

8 Q. Okay. Did Miss Tavasci ever contact you to

 

9 arrange travel for Mr. Amen, Mr. Cascio, Mr.

 

10 Konitzer, or Mr. Weizner that did not involve

 

11 commercial aircraft? Excuse me —

 

12 A. Yes.

 

13 Q. Excuse me, private aircraft.

 

14 A. No.

 

15 Q. Who was the second person that contacted you

 

16 to arrange travel?

 

17 A. Fred Marc Schaffel.

 

18 Q. And did he work through a company?

 

19 A. Yes.

 

20 Q. And what was the name of that company?

 

21 A. Neverland Valley Entertainment.

 

22 Q. Okay. And was that his company, to your

 

23 knowledge?

 

24 A. And Mr. Jackson’s.

 

25 Q. A joint company?

 

26 MR. MESEREAU: Objection; foundation.

 

27 THE COURT: Sustained.

 

28 MR. MESEREAU: Move to strike. 7535

 

1 THE COURT: Strike the answer.

 

2 Q. BY MR. NICOLA: Just a yes or no question:

 

3 Do you know who the principals of Neverland Valley

 

4 Entertainment were?

 

5 A. Yes.

 

6 Q. And how did you come to that knowledge?

 

7 A. Through Mr. Schaffel.

 

8 Q. Was it something Mr. Schaffel told you?

 

9 A. Yes.

 

10 Q. What did he tell you about the principals of

 

11 Neverland Valley Entertainment?

 

12 MR. MESEREAU: Objection. Hearsay and

 

13 foundation.

 

14 THE COURT: Sustained.

 

15 MR NICOLA: We’d be offering them under

 

16 admissions, Your Honor, of agents.

 

17 THE COURT: Excuse me?

 

18 MR. NICOLA: We’d be offering them under

 

19 admissions of agents, Your Honor.

 

20 THE COURT: The objection is sustained.

 

21 Q. BY MR. NICOLA: Okay. When Mr. Schaffel

 

22 contacted you, was it always on behalf of Neverland

 

23 Valley Entertainment?

 

24 MR. MESEREAU: Objection; leading.

 

25 MR. NICOLA: Let me rephrase it. I’d like

 

26 to clean that up, if I may, Your Honor.

 

27 THE COURT: Go ahead.

 

28 Q. BY MR. NICOLA: When Mr. Schaffel contacted 7536

 

1 you with respect to making flights or travel

 

2 arrangements, was it always through Neverland Valley

 

3 Entertainment?

 

4 A. Could you be more specific?

 

5 Q. Certainly. For travel arrangements — did

 

6 Mr. Schaffel ever call you to make travel

 

7 arrangements for Mr. Jackson?

 

8 A. Yes.

 

9 Q. And did he do that through Neverland Valley

 

10 Entertainment?

 

11 A. Most of the time, yes.

 

12 Q. Most of the time, yes.

 

13 Did he ever make those arrangements for Mr.

 

14 Jackson through MJJ Productions?

 

15 A. Yes.

 

16 Q. Okay. Let’s talk about how the arrangements

 

17 were made.

 

18 If Mr. Schaffel or Miss Tavasci called you

 

19 and wanted to arrange a flight for Mr. Jackson, who

 

20 would be responsible for paying the bill for that

 

21 flight?

 

22 MR. MESEREAU: Objection; foundation.

 

23 THE COURT: Sustained.

 

24 Q. BY MR. NICOLA: Do you know how billing was

 

25 arranged?

 

26 A. Yes, I do.

 

27 Q. Okay. Please explain that to the jury.

 

28 A. Um – 7537

 

1 MR. MESEREAU: Same objection. Foundation.

 

2 THE COURT: Sustained.

 

3 Q. BY MR. NICOLA: How — do you know how the

4 billing was arranged for the private flights for Mr.

 

5 Jackson that you arranged?

 

6 MR. MESEREAU: Objection. Foundation and

 

7 assumes facts not in evidence, no personal

 

8 knowledge.

 

9 THE COURT: Sustained.

 

10 Q. BY MR. NICOLA: Do you have personal

 

11 knowledge of how the billing was arranged for the

 

12 private flights that you set up for Mr. Jackson?

 

13 A. Yes.

 

14 Q. Explain that for the jury, please.

 

15 MR. MESEREAU: Same objection. Foundation.

 

16 THE COURT: Sustained.

 

17 Q. BY MR. NICOLA: Who was billed — or did you

 

18 do the billing for the private flights that you set

 

19 up for Mr. Jackson?

 

20 A. I did the billing.

 

21 Q. You did the billing?

 

22 A. Correct.

 

23 Q. Okay. Who did you charge for those flights?

 

24 A. Two different accounts. Neverland Valley or

 

25 his business managers, Whitman Fox.

 

26 Q. Neverland Valley Entertainment and who else?

 

27 A. Bernstein Fox & Whitman Company.

 

28 Q. Did you ever bill MJJ Productions? 7538

 

1 A. I might have.

 

2 MR. MESEREAU: Move to strike. Speculation.

 

3 THE COURT: Sustained.

 

4 Q. BY MR. NICOLA: Do you have any recollection

 

5 of whether or not you billed —

 

6 THE COURT: I’ll strike that. I’m sorry, I

 

7 just wanted the record to reflect I struck that.

 

8 MR. NICOLA: Oh, I’m sorry, Your Honor.

 

9 Q. Do you have any recollection of billing MJJ

 

10 Productions directly?

 

11 A. I might have.

 

12 MR. MESEREAU: Move to strike; speculation.

 

13 MR. NICOLA: Let me ask you a different

 

14 question.

 

15 THE COURT: Stricken.

 

16 Q. BY MR. NICOLA: Did you ever pay for those

 

17 flights prior to being reimbursed?

 

18 A. Yes.

 

19 Q. Okay. Could you explain how that would come

 

20 about?

 

21 A. Well, I act as an agent, second party. I

 

22 would be invoiced by Xtra Jet and, in turn, I would

 

23 invoice one of the companies. I’ve —

 

24 Q. Okay. So Xtra Jet would send you the bill?

 

25 A. That’s correct.

 

26 Q. And that’s how you would know the billing

 

27 was arranged?

 

28 A. That’s correct. 7539

 

1 Q. Then you would send an invoice to which

 

2 companies to get payment?

 

3 A. Depending on which company I was instructed

 

4 to bill. Either Neverland Valley or MJJ or

 

5 Bernstein Fox.

 

6 Q. And who would —

 

7 A. — invoice MJJ. Sorry?

 

8 Q. Who would you receive billing instructions

 

9 from?

 

10 A. Either Mr. Schaffel or Miss Tavasci.

 

11 Q. As part of your responsibility in arranging

 

12 flights for Mr. Jackson to keep the flight manifests

 

13 as part of your records?

 

14 A. It’s an FAA requirement.

 

15 Q. Okay. Could you tell us how a flight

 

16 manifest is transmitted to you with respect to these

 

17 flights that we’re talking about?

 

18 A. Either verbally or via fax or e-mail.

 

19 Q. Okay. And was that the same as the

 

20 reservations, the information came to you from Mr.

 

21 Schaffel or Miss Tavasci?

 

22 A. Correct.

Next, Montgomery was questioned about a flight manifest, airline bill, passenger trip sheet, and trip report for Jackson from June 6th, September 12th, 2003.

Notice how she asked Nicola to block out her address from the documents so that she could maintain her privacy, yet she had no respect whatsoever for Jackson’s privacy when she surreptitiously videotaped him on his surrender flight to Santa Barbara on November 20th , 2003! What a hypocrite!

23 MR. NICOLA: Okay. If I may approach the

 

24 witness again, Your Honor.

 

25 Mr. Mesereau, Exhibit 251, 253 and 254.

 

26 Now I’m going to approach.

 

27 Q. Mrs. Montgomery, I’ve placed in front of you

 

28 a three-ring binder, which is opened to a page that 7540

 

1 has an exhibit sticker on the bottom right-hand

 

2 corner, Exhibit No. 251; is that correct?

 

3 A. Yes.

 

4 Q. Do you recognize that document?

 

5 A. I do.

 

6 Q. Okay. And can you please turn the pages and

 

7 review each of the documents in that section labeled

 

8 251.

 

9 Did you go on to page 252?

 

10 A. Did I go to page 253?

 

11 Q. 252.

 

12 A. No, I did not.

 

13 Q. Okay. Do you recognize Exhibit 251, ma’am?

 

14 A. Yes, I do.

 

15 Q. What is that?

 

16 A. It’s a flight manifest. It’s a bill from

 

17 Xtra Jet, it’s a passenger trip sheet, and it’s a

 

18 trip report from the pilots.

 

19 Q. Okay. How do you recognize those documents

 

20 in Exhibit 251?

 

21 A. The first page is addressed to me from Evvy.

 

22 The second page is the trip sheet from Xtra Jet,

 

23 which I always get after a flight is terminated. I

 

24 have an invoice here made out to my company. And I

 

25 have the pilots’ report.

 

26 Q. Are the items in Exhibit 251 records that

 

27 are kept within the normal course and scope of your

 

28 business as a travel consultant? 7541

 

1 A. Yes, they are.

 

2 Q. Okay. And do you regularly rely upon the

 

3 contents of those documents in Exhibit 251 in the

 

4 regular course and scope of your business?

 

5 A. Yes.

 

6 Q. Okay. And is the information contained

 

7 within the documents in Exhibit 251 recorded at or

 

8 near the time of the event purported?

 

9 A. Yes, they are.

 

10 MR. NICOLA: Okay. We’d move 251 into

 

11 evidence, Your Honor.

 

12 MR. MESEREAU: Objection. Foundation,

 

13 hearsay, and authentication.

 

14 THE COURT: All right. It’s admitted. It’s

 

15 a business record.

 

16 MR. NICOLA: Thank you, Your Honor.

 

17 Q. Now, with respect to the first page dated

 

18 June 6th, 2003, of 251.

 

19 A. Yes. Yes.

 

20 MR. NICOLA: May I have “Input 4,” Your

 

21 Honor?

 

22 Counsel, do you object to this exhibit?

 

23 MR. MESEREAU: No.

 

24 Q. BY MR. NICOLA: Mrs. Montgomery, if you

 

25 would take a look over your shoulder, please. And

 

26 is that the first page of — a copy of the first

 

27 page that you have there in Exhibit 251?

 

28 A. Yes, it is. 7542

 

1 Q. Okay. And is this an example of how Miss

 

2 Tavasci would contact you with respect to setting up

 

3 a flight for Mr. Jackson on a private aircraft?

 

4 A. Yes, it is.

 

5 Q. And this particular request came to you on

 

6 June 6th of 2003?

 

7 A. That’s correct.

 

8 Q. There appears to be two columns with names,

 

9 and that — are those names provided to you by Miss

 

10 Tavasci in the regular course of setting these

 

11 flights up?

 

12 A. The normal course.

 

13 Q. Okay. The “M. Jackson” on the top and the

 

14 “Marc Schaffel” on the bottom, are these typically

 

15 the ways you would set the flights up for Mr.

 

16 Jackson, using Marc Schaffel’s middle name, “Marc,”

 

17 and Mr. Jackson’s first initial, “M.”?

 

18 A. It’s the way Evvy would transmit it to me.

 

19 Q. Okay. Were there ever occasions when the

 

20 flight instructions from Ms. Tavasci with respect to

 

21 who’s going to be on the flight, were there ever

 

22 occasions when those instructions were changed?

 

23 A. Yes.

 

24 Q. Okay. The flights again, please.

 

25 If you could turn the page, please, to

 

26 Exhibit 253, please. And flip through the documents

 

27 in Exhibit 253 and review them, please.

 

28 A. Okay. 7543

 

1 Q. Okay. Do you recognize those documents?

 

2 A. I do.

 

3 Q. Okay. And do they relate to a flight that

 

4 you arranged for Mr. Jackson and his entourage on

 

5 September 12th of 2003?

6 A. I do. I recognize it.

 

7 Q. Okay. Are the contents of Exhibit 253

 

8 records of similar nature as Exhibit 251, kept

 

9 within the normal course and scope of your business,

 

10 et cetera?

 

11 A. Yes.

 

12 Q. Did you rely on these documents as well

 

13 within the regular course of your business?

 

14 A. Yes.

 

15 Q. And are these copies of your actual records

 

16 for this flight?

 

17 A. Yes.

 

18 MR. NICOLA: We’d move Exhibit 253 into

 

19 evidence, Your Honor.

 

20 MR. MESEREAU: Objection. Foundation,

 

21 hearsay, authenticity.

 

22 THE COURT: They’re admitted.

 

23 MR. NICOLA: If I may have the Elmo again,

 

24 Your Honor.

 

25 THE WITNESS: Can I ask you something?

 

26 If you’re going to show the one with my

 

27 address, can you block it out, please?

 

28 MR. NICOLA: The witness has asked that a 7544

 

1 particular address on this document be blacked out.

 

2 BAILIFF CORTEZ: Microphone, sir.

 

3 MR. NICOLA: I had the mike off.

 

4 Do you object, Mr. Mesereau?

 

5 MR. MESEREAU: No.

 

6 MR. NICOLA: May I have a sticky, please?

 

7 Q. And is your business name up here on this

 

8 exhibit?

 

9 A. Yes, it is.

 

10 Q. I’m sorry, Mrs. Montgomery.

 

11 May I have “Input 4,” Your Honor?

 

12 These are difficult to work, I’ll tell you

 

13 that right now.

 

14 Okay. Now, Exhibit 253, this was a flight

 

15 on September 16th of 2003, and the customer name up

 

16 there appears to be Class A Travel Services. That’s

 

17 one of your companies?

 

18 A. Yes, it is.

 

19 Q. Okay. Did you receive a flight manifest for

 

20 that particular trip?

 

21 A. Yes, I did.

 

22 Q. If you’d turn to page — the second page of

 

23 Exhibit 253. Is there a handwritten passenger list?

 

24 A. Yes, there is.

 

25 Q. Okay.

 

26 A. May I reiterate something?

 

27 I no longer do business as Class A Travel,

 

28 just for the record. 7545

 

1 Q. You do business as a different company?

 

2 A. Now I do, correct.

 

3 Q. Okay.

 

4 A. It’s a former company.

 

5 Q. But back in the period of time that we’re

 

6 talking about, late 2002 through September of 2003,

 

7 you did business as Class A Travel and Uniglobe?

 

8 A. Back in that period of time, Class A Travel

 

9 and Travel 21.

 

10 Q. Okay. Is Mr. Jackson’s name on this list,

 

11 obviously?

 

12 A. Yes.

 

13 Q. And was it uncommon for you to get a

 

14 handwritten passenger list such as this?

 

15 A. This is from the pilot of the plane company.

 

16 Q. And these are records that you also keep for

 

17 billing purposes?

 

18 A. There’s times where I would have these

 

19 records, yes.

 

20 Q. If you could turn to the fourth page.

 

21 Let me show that, Your Honor.

 

22 Now, is this document the actual request

 

23 from Miss Tavasci for you to set up a flight on the

 

24 16th?

 

25 A. Yes, it was. Yes, it is.

 

26 Q. And the names on her list, the passenger

 

27 names are a little bit different; isn’t that right?

 

28 A. That’s correct. 7546

 

1 Q. Would that happen on occasion?

 

2 A. All the time.

 

3 Q. Okay. And finally, if you’d turn to the

 

4 next page, there appears to be yet another list of

 

5 individuals for the same flight.

 

6 A. That’s correct.

 

7 Q. And what is the purpose of this document?

 

8 A. It was for the U.S. Customs.

 

9 Q. Was this an international flight?

 

10 A. Yes, it was.

 

11 Q. Where did it go?

 

12 A. To Canada.

 

13 Q. Okay. And then it came back to the U.S.?

 

14 A. That’s correct.

 

15 Q. Do you see the bottom name written on there,

 

16 Ronald Konitzer?

 

17 A. Yes, I do.

 

18 Q. Is it uncommon for you to receive records

 

19 from Xtra Jet with additional names on the list

 

20 handwritten?

 

21 A. No, it’s not.

 

22 Q. If you could turn to Exhibit No. 254,

 

23 please, and page through those.

 

24 A. Okay.

 

25 Q. Do you recognize the contents of Exhibit 254

 

26 as records that you kept within the regular course

 

27 and scope of your business?

 

28 A. I do. 7547

 

1 Q. Okay. Was the information recorded in those

 

2 documents recorded at or near the time of the events

 

3 recorded in Exhibit 254?

 

4 A. Yes.

 

5 Q. And are they records that you normally rely

 

6 upon in the course of your business?

 

7 A. Yes.

 

8 MR. NICOLA: We’d move Exhibit 254 into

 

9 evidence, Your Honor.

 

10 MR. MESEREAU: Objection. Hearsay,

 

11 foundation, and authenticity.

 

12 THE COURT: They’re admitted.

Next, Nicola questioned Montgomery about two flights that were arranged by Marc Schaffel: the first one on February 25th, from Boca Raton, Florida to Van Nuys, CA. Jackson travelled with his children, nanny Grace, the Cascios, and a few bodyguards.

13 Q. BY MR. NICOLA: Now, 254 contains

 

14 information with respect to two individual flights;

 

15 is that correct?

 

16 A. Yes.

 

17 Q. And the first three pages relate to a flight

 

18 from Boca Raton to California on February 25th,

 

19 2003; is that right?

 

20 A. Yes.

 

21 Q. Okay. I’d like to show you the first page

 

22 of that exhibit, if I may, with “Input 4.”

 

23 Now, is this an example that — a flight

 

24 that Mr. Schaffel set up for Mr. Jackson?

 

25 A. It appears to be that way, yes.

 

26 Q. Do you have a specific recollection of this

 

27 flight from Boca Raton to — is that Van Nuys, VNY?

 

28 A. Yes, it is. 7548

 

1 Q. That’s in California?

 

2 A. Correct.

 

3 Q. Do you have a specific recollection of this?

 

4 A. I do.

 

5 Q. How did that flight get set up, if you

 

6 remember?

 

7 A. I received a phone call from Mr. Schaffel

 

8 and — saying he needed an airplane.

 

9 Q. Okay. From Florida to California?

 

10 A. Correct.

 

11 Q. On the 25th —

 

12 A. Right.

 

13 Q. — of February of 2003?

 

14 A. Right.

 

15 Q. Did you receive a passenger list for that

 

16 flight from anyone?

 

17 A. On the third page, it could be the manifest

 

18 from Evvy. Yes, this is the passenger manifest for

 

19 this flight.

 

20 Q. Okay. And did that come to you in a

 

21 different format?

 

22 A. No. Normal procedure. E-mail.

 

23 Q. Okay. The passengers on this Xtra Jet

 

24 flight were Mr. Jackson, appears to be two of his

 

25 children, correct?

 

26 A. That’s correct.

 

27 Q. Do you know who Grace Ru — I can’t say that

 

28 last name. 7549

 

1 A. Rwaramba, I believe.

 

2 Q. Rwaramba?

 

3 A. Yes.

 

4 Q. Do you know who that individual is?

 

5 A. Yes, I do.

 

6 Q. How do you know who she is?

 

7 A. I was told.

 

8 Q. Is she a frequent flyer with Mr. Jackson?

 

9 A. I believe so.

10 Q. How about Patricia Chavez?

 

11 A. Also I know who she is.

 

12 Q. Mr. LaPerruque, Mr. Crawford and Mr. Carter,

 

13 are you familiar with those individuals?

 

14 A. With the exception of Daniel Crawford, yes.

 

15 Q. How do you know Mr. LaPerruque?

 

16 A. Because I was told who he was.

 

17 Q. Did he frequently fly with Mr. Jackson?

 

18 A. I can’t be certain.

 

19 Q. Okay. How about Mr. Carter?

 

20 A. Yes.

 

21 Q. Did he fly with Mr. Jackson frequently?

 

22 A. Yes.

 

23 Q. Are you familiar with the names Marie Nicole

 

24 Cascio and Aldo Cascio?

 

25 A. Yes.

 

26 Q. And are they related to Frank Cascio, to

 

27 your knowledge?

 

28 A. Yes. 7550

 

1 Q. Were they also frequently on Mr. Jackson’s

 

2 private aircraft?

 

3 A. I won’t say frequently.

 

4 Q. Not frequently?

 

5 A. Correct.

 

6 Q. Okay. Before we turn to the second flight

 

7 that’s contained within Exhibit 254, if we could

 

8 discuss the bottom entry here where it says,

 

9 “Catering.”

 

10 Were you responsible for arranging the

 

11 catering on Mr. Jackson’s private aircraft?

 

12 A. Yes.

 

13 Q. How would you set the catering up?

 

14 A. I would call it in to — I would call it in

 

15 to Xtra Jet to the representative I worked with

 

16 there.

The prosecution just couldn’t leave well enough alone! Nicola once again revived the dead issue of Jackson’s habit of drinking alcohol out of soda cans, and Montgomery was asked AGAIN about Jackson’s requests despite the fact that flight attendant Cynthia Bell previously testified that it was HER idea to serve alcohol to Jackson in soda cans and plastic thermal bottles!

17 Q. Okay. And were you familiar with what Mr.

 

18 Jackson wanted on his flights?

 

19 A. Yes.

 

20 Q. He was your client?

 

21 A. Yes.

 

22 Q. Okay. It was important for you to please

 

23 him, I suspect?

 

24 A. Of course.

 

25 Q. Okay. Would you inform Xtra Jet in writing

 

26 or verbally as to what should be catered for Mr.

 

27 Jackson?

 

28 A. I would forward the manifest — or the 7551

 

1 request from Evvy as well as verbally instruct them.

 

2 Q. Were there standard instructions that just

 

3 were not relayed to you from Miss Tavasci in

 

4 writing?

 

5 A. Yes.

 

6 Q. Could you describe one of those requests?

 

7 A. She always wanted —

 

8 MR. MESEREAU: Objection; hearsay.

 

9 THE WITNESS: She told me —

 

10 THE COURT: Just a minute.

 

11 THE WITNESS: Sorry.

 

12 THE COURT: Just a minute.

 

13 MR. NICOLA: Just a minute.

 

14 THE COURT: Sustained.

 

15 Q. BY MR. NICOLA: Okay. Without telling us

 

16 the content of your conversation with Ms. Tavasci,

 

17 she would relate the special needs, or any needs for

 

18 the particular flight, correct?

 

19 A. Yes.

 

20 Q. Okay. With respect to serving alcohol on

 

21 Mr. Jackson’s private aircraft, Xtra Jet’s private

 

22 aircraft that you arranged for him, did you ever

 

23 make arrangements for alcohol to be served to Mr.

 

24 Jackson?

 

25 MR. MESEREAU: Objection. Leading and

 

26 foundation.

 

27 THE COURT: Overruled.

 

28 You may answer. 7552

 

1 THE WITNESS: Yes, I did.

 

2 Q. BY MR. NICOLA: Okay. Did you ever make

 

3 specific instructions as to how Mr. Jackson should

 

4 be served alcohol?

 

5 A. Yes, I did.

 

6 Q. With respect to wine, did you ever instruct

 

7 any Xtra Jet employees on how to serve Mr. Jackson

 

8 wine?

 

9 A. Yes, I did.

 

10 Q. Okay. Prior to making those instructions,

 

11 did you receive information from a Lauren Wallace

 

12 about how Mr. Jackson wanted his wine served to him?

 

13 A. Yes, I did.

 

14 Q. Okay. And did you know Lauren Wallace as a

 

15 flight attendant?

 

16 A. Yes. She is.

 

17 Q. Was she the primary flight attendant for Mr.

 

18 Jackson during your period of service?

 

19 MR. MESEREAU: Objection; leading.

 

20 THE COURT: Overruled.

 

21 THE WITNESS: Yes.

 

22 Q. BY MR. NICOLA: Yes, she was?

 

23 A. Yes, she was.

 

24 Q. Okay. And in what period of time did you

 

25 receive the instructions from Ms. Wallace?

 

26 A. Through the course that we handled his

 

27 private flights.

 

28 Q. Okay. Do you recall what Miss Wallace told 7553

 

1 you specifically about how Mr. Jackson was being

 

2 served his wine?

 

3 A. Yes, I do.

 

4 Q. Can you please relay that to the jury?

 

5 MR. MESEREAU: Objection; hearsay.

 

6 THE COURT: Overruled.

 

7 You may answer.

 

8 THE WITNESS: She told me —

 

9 Q. BY MR. NICOLA: Could you speak up, please.

 

10 A. Lauren Wallace told me that Mr. Jackson had

 

11 requested that his wine be put into soda cans, and

 

12 then if she was ever unable — you can’t always

 

13 ensure that we’re always going to have the same

 

14 flight crew. To respect his privacy and to relay

 

15 the message to anyone other than her if she was not

 

16 flying to — how to serve him.

 

17 Q. Okay. So Ms. Wallace told you that was Mr.

 

18 Jackson’s request to her?

 

19 A. That’s correct.

Here is what Bell said earlier in the trial on March 30th, 2005, under cross examination about how it was her idea to serve Jackson alcohol in soda cans:

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

 

27 did you serve Michael Jackson any alcoholic

 

28 beverages? 4153

 

1 A. Yes, I did.

 

2 Q. And was there anything peculiar about the

 

3 means or method that you served him alcoholic

 

4 beverages?

 

5 A. Yes.

 

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

 

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

 

8 I went ahead and initiated serving him in a Diet

 

9 Coke can.

 

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

 

11 you were a corporate flight attendant for Mr.

 

12 Jackson?

 

13 A. Probably about three.

 

14 Q. Was that with Xtra Jet each time?

 

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

 

16 Jet once prior.

 

17 Q. Were you previously employed with Pacific

 

18 Jet?

 

19 A. As a contract flight attendant.

 

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

 

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

 

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

 

23 Diet Coke can?

 

24 A. A couple different reasons. I serve other

 

25 clients that way also. Why?

 

26 Q. Yes.

 

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

 

28 drinker. 4154

 

1 Q. Whose idea was it?

 

2 A. It was mine.

 

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

 

4 to put the wine in a Coke can?

 

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

 

6 accidentally for — forgot and placed a wine glass

 

7 in front of him.

 

8 Q. You say you accidentally forgot. Did you

 

9 have some knowledge about the way that Mr. Jackson

 

10 liked his alcohol served?

 

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

 

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

 

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

 

14 Pacific Jet thing.

 

15 Q. You served him alcohol previous on the

 

16 Pacific Jet flight in a plastic mug thing?

17 A. That’s correct.

 

18 Q. And under whose instructions did you serve

 

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

 

20 should say?

 

21 A. I don’t remember. I’m sorry.

 

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

 

23 you to serve him wine in a Coke can?

 

24 A. No, he did not.

 

 

Next, Jackson’s passenger profile was scrutinized by Mag Nicola. Here is a copy of one of his profiles, which was included in Aphrodite Jones’ book “Michael Jackson Conspiracy”:

MJ Passenger profile for Xtra Jet flights

 

6 Q. Now, Exhibit 252 appears to be a passenger

 

7 profile for Mr. Jackson?

 

8 A. That’s correct.

 

9 Q. Did you generate that document?

 

10 A. Verbally.

 

11 Q. You verbally generated that document?

 

12 A. I did.

 

13 Q. And for what purpose?

 

14 A. For the purpose of his — it would be on

 

15 file for Mr. Jackson for his specific needs on board

 

16 his flights.

 

17 Q. Now, are the contents of Exhibit 252

 

18 consistent with your instructions to the flight

 

19 crews of Xtra Jet with regard to how Mr. Jackson

 

20 should be taken care of with respect to catering?

 

21 A. Could you repeat that, please?

 

22 Q. Have you read through the exhibit?

 

23 A. Yes.

 

24 Q. Okay. Are the instructions in there

 

25 consistent with the instructions that you gave Xtra

 

26 Jet?

 

27 A. They’re more specific.

 

28 Q. Okay. 7556

 

1 A. Mine were general. These are specific.

 

2 Q. Is there a specific reference to putting

 

3 white wine in Diet Coke cans in every flight?

 

4 MR. MESEREAU: Objection. Hearsay;

 

5 foundation.

 

6 THE COURT: Sustained.

Now, unto the matter at hand: the trip to Brazil that Schaffel asked Montgomery to make for him! On February 25th, 2003, he called Montgomery and requested that flight arrangements for a one-way trip to Brazil be made for the Arvizos for March 1st, 2003, despite the fact that due to Visa regulations, U.S. citizens cannot purchase one way tickets to Brazil. Montgomery arranged for a return trip to be made for them, and the total cost of the round trip was $15,092 dollars!

27 Q. Okay. Do you recognize the contents of

 

28 Exhibit 848? 7557

 

1 A. I do.

 

2 Q. And that appears to be a two-page document,

 

3 front and back?

 

4 A. Yes.

 

5 Q. Okay. Is that a document that you

 

6 generated?

 

7 A. Yes.

 

8 Q. And did you do that in the normal course and

 

9 scope of your business?

 

10 A. I did.

 

11 Q. And are the entries — let me ask you this a

 

12 different way: Is the information in that exhibit

 

13 recorded at or near the time that the information

 

14 was recorded?

 

15 A. A little vague.

 

16 Q. I asked the same question two different

 

17 ways.

 

18 Does the information accurately reflect the

 

19 entries that you made? You actually entered this

 

20 information, correct?

 

21 A. That is correct.

 

22 Q. And can you describe what the exhibit is for

 

23 the jury? Just generally, and we’ll get more

 

24 specific.

 

25 A. It’s called a PNR, a passenger name record.

 

26 It’s a reservation made through an airline computer

 

27 system reflecting someone’s flights that they would

 

28 take. A reservation, basically, with names, 7558

 

1 itinerary.

 

2 Q. You personally entered this information into

 

3 the computer system and this is a printout of what

 

4 you entered?

 

5 A. Yes, it is.

 

6 Q. Okay. Is it a record you keep in the —

 

7 that you keep and rely upon in the ordinary course

 

8 of your business?

 

9 A. Yes.

 

10 MR. NICOLA: We’d move 848 into evidence,

 

11 Your Honor.

 

12 THE COURT: Are you looking for the document,

 

13 Mr. Mesereau?

 

14 MR. MESEREAU: Excuse me, Your Honor?

 

15 THE COURT: He made a motion to introduce 848

 

16 into evidence. I didn’t know if you were looking

 

17 for the document or….

 

18 MR. MESEREAU: No, it was produced this

 

19 morning by the prosecutor. No objection, Your

 

20 Honor.

 

21 THE COURT: All right. There’s no objection.

 

22 I’ll admit it.

 

23 Q. BY MR. NICOLA: Okay. With respect to

 

24 Exhibit 849, is that also information that you

 

25 entered consistent with 848 only with respect to a

 

26 different client and a different flight?

 

27 A. Correct.

 

28 Q. Are those reservations for Mr. Fred 7559

 

1 Schaffel?

 

2 A. Correct.

 

3 MR. NICOLA: Okay. We’d move that into

 

4 evidence as well, Your Honor.

 

5 MR. MESEREAU: No objection.

 

6 THE COURT: It’s admitted.

 

7 MR. NICOLA: May I have the “Input 4,”

 

8 please?

 

9 Q. I’ll show you the first page of Exhibit 848.

 

10 It works better that way.

 

11 With respect to generating this reservation,

 

12 do you recall having a conversation with Mr. Fred

 

13 Schaffel on or around February 25th of 2003?

 

14 A. I do.

 

15 Q. And how did that conversation begin; do you

 

16 recall?

 

17 A. He called me and asked me to make —

 

18 MR. MESEREAU: Objection; hearsay.

 

19 THE COURT: Sustained.

 

20 MR. NICOLA: Statements in furtherance, Your

 

21 Honor.

 

22 THE COURT: Well, the question was, “How did

 

23 that conversation begin?” And the answer was, “He

 

24 called me…,” and then she started to volunteer the

 

25 information. So the objection is sustained.

 

26 Q. BY MR. NICOLA: Okay. Did he ask you to do

 

27 something for him?

 

28 A. Yes. 7560

 

1 Q. And what did he ask?

 

2 MR. MESEREAU: Same objection.

 

3 MR. NICOLA: Our offer of proof is in

 

4 furtherance.

 

5 THE COURT: I’ll admit this document under

 

6 the previous instructions, limited to the use of

 

7 conspiracy evidence. Remember those conditional

 

8 instructions I gave you earlier?

 

9 All right. Go ahead. It’s admitted under

 

10 those provisions.

 

11 MR. NICOLA: Okay, Your Honor.

 

12 Q. You can relay what he asked you to do for

 

13 him, please.

 

14 A. He asked me to make flight arrangements for

 

15 four passengers to Brazil.

 

16 Q. Okay. And are the names of those four

 

17 passengers listed on this document?

 

18 A. Yes, they are.

 

19 Q. Did you personally highlight the lines

 

20 within that exhibit prior to court?

 

21 A. Yes, I did.

 

22 Q. Okay. And are the names listed on this

 

23 reservation easily available to you to read to the

 

24 jury?

 

25 A. Yes, they are.

 

26 Q. Please do so.

 

27 A. Arvizo, Janet; Arvizo, Davellin; Arvizo,

 

28 Star; Arvizo, Gavin. 7561

 

1 Q. Did Mr. Schaffel tell you where he wanted

 

2 the Arvizos to fly to?

 

3 A. Yes, he did.

 

4 Q. Where?

 

5 A. To Brazil, Sao Paulo.

 

6 Q. You’re going to have to speak up.

 

7 A. Sao Paulo, Brazil.

 

8 Q. Okay.

 

9 A. South America.

 

10 Q. Did he make a specific request as to what

 

11 kind of tickets he wanted —

 

12 A. Yes, he did.

 

13 Q. — for the Arvizos? He did?

 

14 A. One-way tickets.

 

15 Q. Okay. Is it possible for U.S. citizens to

 

16 get into Brazil with a one-way ticket?

 

17 A. No, it’s not.

18 Q. Why is that?

 

19 A. For visa reasons, you must have a return

 

20 ticket to enter the country.

 

21 Q. Okay. Did you make arrangements for return

 

22 tickets for the Arvizos?

 

23 A. I did. I chose the date.

 

24 Q. You chose the date for their return?

 

25 A. I did.

 

26 Q. Was that done arbitrarily or did you discuss

 

27 that with Mr. Schaffel?

 

28 MR. MESEREAU: Objection; leading. 7562

 

1 THE COURT: Overruled.

 

2 THE WITNESS: I chose a date arbitrarily,

 

3 and then I called him to tell him what I had done

 

4 and the reason why I did it.

 

5 Q. BY MR. NICOLA: Okay. When you finished

 

6 making these arrangements for the Arvizos to travel

 

7 to Brazil, how many days’ notice did you give the

 

8 airline before the flight?

 

9 A. Just a couple days.

 

10 Q. Okay. The flight was scheduled to leave on

 

11 what date?

 

12 A. March the 1st of 2003.

 

13 Q. And you made the reservation on the 25th of

 

14 February, 2003?

 

15 A. That’s correct.

 

16 Q. What was the cost going to be for that

 

17 flight?

 

18 A. For a party of four, 15,092.

 

19 Q. Were you flying them first class?

 

20 A. No.

 

21 Q. Those are coach prices?

 

22 A. Coach. They were open tickets, basically.

 

23 You know, they’re expensive.

 

24 Q. Did Mr. Schaffel ask you to do anything with

 

25 the reservations once they were made?

 

26 A. Yes, he did.

 

27 Q. What did he ask you to do, please?

 

28 MR. MESEREAU: Objection; hearsay. 7563

 

1 MR. NICOLA: Same offer of proof, Your

 

2 Honor.

 

3 THE COURT: All right. I’m going to admit

 

4 this for the limited purpose.

 

5 Go ahead.

 

6 THE WITNESS: To fax over the itinerary.

 

7 Because they needed passports.

 

8 Q. BY MR. NICOLA: If you’d take a look at the

 

9 board behind you, there appears to be in the far

 

10 right, in yellow highlighter, an address for Miss

 

11 Janet Arvizo that begins at least with 11520, what I

 

12 believe is Trent. Do you see that on your original

 

13 document?

 

14 A. I do.

 

15 Q. Okay. Was that information provided by Ms.

 

16 Arvizo or Mr. Schaffel?

 

17 A. Mr. Schaffel.

 

18 Q. Did you ever speak to Ms. Arvizo about these

 

19 flight arrangements?

 

20 A. Not to my recollection, no.

 

21 Q. Okay. How about any members of her family?

 

22 A. No.

 

23 MR. NICOLA: If I may have just a moment,

 

24 Your Honor.

 

25 I just have a few more questions, if that’s

 

26 okay. I don’t need the inputs anymore, Judge.

 

27 Thank you.

 

28 Q. Now, with respect to the reservations you 7564

 

1 made for the Arvizos to travel to Brazil on March

 

2 1st of 2003, assuming they made that flight that

 

3 left on March 1st, 2003, was there any requirement

 

4 for them to make the return flight on the date that

 

5 you chose?

 

6 MR. MESEREAU: Objection. Foundation; calls

 

7 for speculation.

 

8 THE COURT: Overruled.

 

9 You may answer.

 

10 THE WITNESS: No.

 

11 Q. BY MR. NICOLA: To your knowledge, would

 

12 they have been able to stay in Brazil indefinitely?

 

13 MR. MESEREAU: Objection. Relevance; calls

 

14 for speculation; foundation.

 

15 THE COURT: Sustained; foundation.

 

16 MR. NICOLA: Okay. I believe I have no

 

17 further questions at this time, Judge.

 

18 THE COURT: Cross-examine?

 

19 MR. MESEREAU: Yes, please, Your Honor.

 

20 If I may, Your Honor, I’m just trying to

 

21 locate one book.

 

22 THE COURT: Go ahead.

Mesereau began his cross-examination by asking Montgomery to explain her immunity, and her reasons for seeking it before testifying. She became very evasive when questioned about her knowledge of the FBI’s investigation into her participation into the secret taping of Jackson on his flight to California.

24 CROSS-EXAMINATION

 

25 BY MR. MESEREAU:

 

26 Q. Good morning.

 

27 A. Good morning, Mr. Mesereau.

 

28 Q. Miss Montgomery, we have not spoken before, 7565

 

1 correct?

 

2 A. No, we have not.

 

3 Q. And as you know, I’m Tom Mesereau, and I

 

4 speak for Michael Jackson, okay?

 

5 A. I understand.

 

6 Q. If I say anything that’s not clear to you,

 

7 please don’t answer it, just let me know you don’t

 

8 understand the question, and I’ll try and rephrase

 

9 it, okay?

 

10 A. Absolutely.

 

11 Q. All right. You are testifying under what is

 

12 called immunity, correct?

 

13 MR. NICOLA: Objection. Misstates the

 

14 evidence, Your Honor. It’s use immunity.

 

15 THE COURT: The objection is overruled.

 

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

 

17 A. I believe I am, yes.

 

18 Q. And you received a grant of immunity

 

19 yesterday, true?

 

20 A. Verbally, I believe I did.

 

21 Q. Okay. And immunity means you cannot be

 

22 prosecuted for statements you make in court today,

 

23 true?

 

24 A. Correct.

 

25 Q. Your position was if you did not receive a

 

26 grant of immunity, you would not testify, correct?

 

27 MR. NICOLA: Objection; relevance.

 

28 THE COURT: Overruled. 7566

 

1 Q. BY MR. MESEREAU: Is that true?

 

2 A. Um, per my lawyer’s instructions. That’s

 

3 what he requested.

 

4 Q. And who is your attorney?

 

5 A. Robert Moore.

 

6 Q. And he is from Los Angeles, true?

 

7 A. Yes.

 

8 Q. Your position, through your attorney, was

 

9 that unless you were immunized from any prosecution

 

10 based on what you said today, you would not testify

 

11 as a witness, correct?

 

12 A. That’s what he asked me to do, yes.

 

13 Q. And that’s what you agreed to do, correct?

 

14 A. That’s correct.

 

15 Q. When your lawyer made that request in this

 

16 court, you were present, true?

 

17 A. Yes.

 

18 Q. And to your knowledge, a legal grant of

 

19 immunity means no one, particularly in the federal

 

20 government, can come after you for anything you say

 

21 today under oath, true?

 

22 A. To the best of my knowledge, yes.

 

23 Q. And the reason you wanted that legal grant

 

24 of immunity is because currently there is an FBI

 

25 investigation into allegations that you and others

 

26 secretly videotaped Michael Jackson on an Xtra Jet

 

27 flight, true?

 

28 A. I am a witness for that case, yes. 7567

 

1 Q. My question to you is, the reason you wanted

 

2 a grant of legal immunity was because you know the

 

3 FBI is currently investigating allegations that you

 

4 and others secretly videotaped Michael Jackson on an

 

5 Xtra Jet flight, true?

 

6 A. I can’t answer that yes or no.

 

7 Q. Are you saying that you’ve never heard of

 

8 any FBI investigation into that subject?

 

9 A. No. I’ve spoken to the FBI voluntarily

 

10 twice.

 

11 Q. Then you’re aware of the investigation,

 

12 correct?

 

13 A. Pertaining to the allegation, correct.

Mesereau moved on to Montgomery’s relationship with Schaffel; she worked with him for 20 years, and it’s safe to assume that Jackson met Montgomery through Schaffel. Mesereau questioned her about her knowledge of Schaffel’s lawsuit against Jackson, as well as Jackson’s lawsuit against her and her employer, Extrajet:

21 Q. Have you done that for him for 20 years?

 

22 A. No.

 

23 Q. How long have you made travel arrangements

 

24 for Marc Schaffel?

 

25 A. I couldn’t be certain of that.

 

26 Q. What’s your estimate?

 

27 A. Whenever he needed a flight. Ten years,

28 maybe? 15 years? 7568

 

1 Q. When did you last talk to him?

 

2 A. November 20th, 2003.

 

3 Q. Are you aware that Mr. Schaffel is currently

 

4 suing Mr. Jackson for millions of dollars?

 

5 A. Yes.

 

6 Q. You also are currently suing Mr. Jackson,

 

7 correct?

 

8 A. Not for millions of dollars. Yes.

 

9 Q. You also are currently suing Mr. Jackson,

 

10 correct?

 

11 A. Yes. He’s suing me.

 

12 Q. Mr. Jackson is suing you for invasion of

 

13 privacy, correct?

 

14 A. I believe so.

 

15 Q. Are you represented by counsel in Mr.

 

16 Jackson’s suit against you for invasion of privacy?

 

17 A. I am.

 

18 Q. And who is your lawyer on that case?

 

19 A. Robert Moore.

 

20 Q. And who is representing you in your suit

 

21 against Mr. Jackson?

 

22 A. Mr. Moore.

 

23 Q. Okay. Now, you’re aware that if Mr. Jackson

 

24 is convicted in this case, Mr. Schaffel will have a

 

25 much easier time winning his suit, right?

 

26 MR. NICOLA: Objection. Calls for

 

27 speculation and it’s argumentative.

 

28 THE COURT: Sustained; speculation. 7569

 

1 Q. BY MR. MESEREAU: If Mr. Jackson is

 

2 convicted in this case, you would have an easier

 

3 time winning your suit, wouldn’t you?

 

4 A. No, I would not.

 

5 MR. NICOLA: Same objection, Your Honor.

 

6 THE COURT: Sustained.

 

7 MR. NICOLA: Move to strike the answer.

 

8 THE COURT: Stricken.

 

9 BAILIFF CORTEZ: Your microphone, sir. Your

 

10 microphone, sir.

 

11 Q. BY MR. MESEREAU: The lawsuit Mr. Jackson

 

12 has filed against you has to do with an Xtra Jet

 

13 flight on November 21st, 2003, correct?

 

14 A. No, sir. It’s November 20th.

 

15 Q. Okay. My mistake.

 

16 A. But to answer your question, yes.

 

17 Q. So November 20th of 2003 was the flight?

 

18 A. Yes.

 

19 Q. That’s the flight that is the subject of

 

20 controversy in the litigation, true?

 

21 A. That’s correct.

Montgomery describes the flight in detail in this excerpt, and she also denied having any knowledge of Scheffel’s alleged involvement in the selling of the secret videotape of Jackson on the flight back to Santa Barbara:

22 Q. All right. And you said you last talked to

 

23 Mr. Schaffel around that time; is that true?

 

24 A. Yes, it is.

 

25 Q. Mr. Schaffel wasn’t on that flight, to your

 

26 knowledge, true?

 

27 A. Yes. No, he was not on that flight.

 

28 Q. But you’re aware that Mr. Jackson was 7570

 

1 secretly recorded —

 

2 A. I learned that after.

 

3 Q. — and videotaped on that flight, true?

 

4 A. I learned it after the fact.

 

5 Q. Are you the one who made arrangements for

 

6 Mr. Jackson to fly on that particular flight?

 

7 A. I made arrangements like I normally do for

 

8 him.

 

9 Q. And did you make arrangements for Mr.

 

10 Jackson to fly on an Xtra Jet flight on November

 

11 20th, 2003?

 

12 A. Yes, I did.

 

13 Q. Did you ever talk to Mr. Schaffel about

 

14 those flight arrangements?

 

15 A. Yes, I did.

 

16 Q. And you’re aware that not only was Mr.

 

17 Jackson secretly videotaped on the flight but

 

18 someone tried to sell that videotape, right?

 

19 MR. NICOLA: Objection. Calls for hearsay

 

20 and relevance and vague as to “someone.”

 

21 THE COURT: Sustained.

 

22 Q. BY MR. MESEREAU: The allegations against

 

23 you in that case are that Mr. Jackson was secretly

 

24 videotaped and recorded and that efforts were made

 

25 to sell that for profit, true?

 

26 MR. NICOLA: Objection; calls for hearsay.

 

27 MR. MESEREAU: State of mind, Your Honor.

 

28 MR. NICOLA: Then relevance. 7571

 

1 MR. MESEREAU: And bias.

 

2 THE COURT: The objection is overruled.

 

3 I’m going to have the question read back so

 

4 you can understand the question.

 

5 (Record read.)

 

6 THE WITNESS: I believe so. I have not read

 

7 the suit against me.

 

8 Q. BY MR. MESEREAU: The reservations for that

 

9 flight were made through a company called Travel 21,

 

10 Inc.; is that true?

 

11 A. Yes.

 

12 Q. Was that your company?

 

13 A. I was — I leased space from that company.

 

14 Q. Okay. Well, was the reservation made

 

15 through the company Travel 21, Inc., to your

 

16 knowledge?

 

17 A. That’s how I did the billing on that

 

18 particular flight.

 

19 Q. But you made those reservations, true?

 

20 A. I did.

 

21 Q. You directly made those reservations with

 

22 Xtra Jet, correct?

 

23 A. I did.

 

24 Q. And at some point before you made those

 

25 reservations, you were asked to use a different

 

26 company, correct?

 

27 A. A different billing company or a different

 

28 plane company? 7572

 

1 Q. A different plane company.

 

2 A. Yes, I was.

 

3 Q. You insisted on using Xtra Jet, correct?

 

4 A. I didn’t insist. It was to my client’s

 

5 better — for his better being.

 

6 Q. It was your recommendation that Mr. Jackson

 

7 fly on Xtra Jet during the flight on November 20th,

 

8 2003, correct?

 

9 A. It was my — I discussed it with Mr.

 

10 Schaffel and we thought it was in the best interest

 

11 of our client to use Xtra Jet, yes.

 

12 Q. So you and Mr. Schaffel made the

 

13 arrangements for the flight, right?

 

14 A. I made the arrangements, but I had discussed

 

15 it with Mr. Schaffel.

 

16 Q. Okay. When did you learn that — excuse me.

 

17 Let me rephrase that.

 

18 When did you first learn that Mr. Jackson

 

19 had been secretly videotaped and recorded on that

 

20 particular flight with Xtra Jet?

 

21 A. November 21st of 2003.

 

22 Q. To your knowledge, has Mr. Schaffel been

 

23 involved in any efforts to sell that videotape or

 

24 audiotape?

 

25 A. Not to my knowledge.

 

26 Mr. Mesereau, I don’t believe there’s audio.

 

27 MR. NICOLA: Objection, no question pending.

 

28 THE WITNESS: Sorry. Okay. 7573

 

1 MR. NICOLA: Rules.

 

2 Q. BY MR. MESEREAU: Were you going to say you

 

3 don’t believe there’s an audio recording?

 

4 A. To the best of my knowledge. I don’t know

 

5 of any audio recording.

 

6 Q. But you know of a video recording?

 

7 A. I do.

 

8 Q. Have you seen it?

 

9 A. In the FBI building, yes.

 

10 Q. To your knowledge, how long will your grant

 

11 of legal immunity last for?

 

12 A. I have no idea, sir.

 

13 Q. You haven’t learned through your counsel —

 

14 MR. NICOLA: Objection.

 

15 Q. BY MR. MESEREAU: — how long you’d be

 

16 immunized from any prosecution based on what you say

 

17 today?

 

18 MR. NICOLA: Objection, Your Honor, that is

 

19 vague.

 

20 THE COURT: It violates a privilege.

Next, Montgomery was questioned about her history with Jackson, who she met for the first time in September 2003:

21 Q. BY MR. MESEREAU: For — let me rephrase

 

22 that.

 

23 When did you begin booking flights for Mr.

 

24 Jackson?

 

25 A. I believe in 2000 — the latter part of

 

26 2000. May have been 2001.

 

27 Q. You said you met Mr. Jackson twice, correct?

 

28 A. Yes. 7574

 

1 Q. And where did you first meet Mr. Jackson?

 

2 A. On his ranch.

3 Q. Approximately when was that?

 

4 A. September of 2003.

 

5 Q. Did you stay at the ranch?

 

6 A. Overnight?

 

7 Q. Yes.

 

8 A. No.

 

9 Q. When was the second time you ever met Mr.

 

10 Jackson?

 

11 A. In Las Vegas.

 

12 Q. And approximately when was that?

 

13 A. And it was several times. October of 2003.

 

14 Q. Typically any flights that were booked

 

15 through you were arranged for someone other than Mr.

 

16 Jackson. Excuse me, let me rephrase that.

 

17 Typically any flights that you arranged for

 

18 Mr. Jackson came through, I think you said Evvy or

 

19 Mr. Schaffel; is that correct?

 

20 A. Yes.

 

21 Q. Now, how many flights do you think you

 

22 booked at the direction of Evvy?

 

23 A. Ninety-nine percent of them. Private jets.

 

24 Q. How many flights do you think you booked at

 

25 the direction of Mr. Schaffel?

 

26 A. One percent.

 

27 THE COURT: Do you want to take a break,

 

28 Counsel? 7575

1 MR. MESEREAU: Oh, yes, Your Honor.

 

2 (Recess taken.)

After the recess concluded, Mesereau revisited the topic of Montgomery’s immunity:

1 THE COURT: Sorry for the delay. The court

 

2 reporters are having a little problem with the

 

3 computer that runs their court reporting equipment.

 

4 Go ahead, Counsel.

 

5 MR. MESEREAU: Thank you, Your Honor.

 

6 Q. Miss Montgomery, I want to clarify a couple

 

7 of questions I asked about your grant of legal use

 

8 immunity, okay?

 

9 A. (Nods head up and down.)

 

10 Q. The kind of immunity you’ve been granted by

 

11 the Court is called use immunity, true?

 

12 A. Yes.

 

13 Q. And use immunity means that anything you say

 

14 in court today cannot be used against you, correct?

 

15 A. Correct.

 

16 Q. You could, however, still be prosecuted for

 

17 perjury, correct?

 

18 A. To the best of my knowledge, correct.

 

19 Q. And the grant of use immunity that you have

 

20 grew out of concerns about a possible prosecution

 

21 over the secret videotaping of Mr. Jackson on that

 

22 Xtra Jet flight, correct?

 

23 A. Yes.

 

24 Q. And you were sued by Mr. Jackson and others,

 

25 correct?

 

26 MR. NICOLA: Objection. This has been asked

 

27 and answered, Your Honor.

 

28 MR. MESEREAU: No, it hasn’t, Your Honor. 7582

 

1 THE COURT: Overruled.

 

2 You may answer.

 

3 THE WITNESS: I sued him, and then he sued

 

4 me back.

 

5 Q. BY MR. MESEREAU: You also have been sued by

 

6 Attorney Mark Geragos who was on that flight,

 

7 correct?

 

8 A. I believe so. I have not seen, actually,

 

9 the lawsuit.

 

10 Q. Is it your understanding that Mr. Jackson

 

11 and his then attorney, Mr. Geragos, were secretly

 

12 videotaped on an Xtra Jet flight?

 

13 MR. NICOLA: I believe that has been asked

 

14 and answered. Object on those grounds.

 

15 MR. MESEREAU: Not with Mr. Geragos, Your

 

16 Honor.

 

17 THE COURT: Overruled.

 

18 You may answer.

 

19 THE WITNESS: Yes.

 

20 Q. BY MR. MESEREAU: Okay. And that is, in

 

21 fact, the flight you booked, correct?

 

22 A. I booked the flight.

 

23 Q. That’s the flight you booked with the

 

24 assistance of Mr. Schaffel, correct?

 

25 MR. NICOLA: Objection, Your Honor, that has

 

26 been asked and answered.

 

27 THE COURT: Sustained.

To be continued: https://michaeljacksonvindication2.wordpress.com/2013/12/16/april-26th-2005-trial-analysis-cynthia-montgomery-jeff-klapakis-and-hamid-moslehi-part-2-of-4/

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