April 26th, 2005 Trial Analysis: Cynthia Montgomery, Jeff Klapakis, and Hamid Moslehi, Part 3 of 4
Lt. Jeff Klapakis was recalled again to answer a few brief questions about the document that Cynthia Montgomery explained to him:
25 REDIRECT EXAMINATION
26 BY MR. NICOLA:
27 Q. Good morning, Lieutenant Klapakis.
28 A. Good morning. 7624
1 Q. Do you recognize the document labeled 848 in
2 front of you, Exhibit 848?
3 A. Yes, I do.
4 Q. Were you present during a meeting with Cindy
5 Montgomery, Cynthia Montgomery, where she explained
6 the contents of that document for you?
7 A. Yes, I was.
8 Q. Did she explain to you how the address for
9 Janet Arvizo was placed on that bill and who the
10 source of the information for that was?
11 A. Yes, she —
12 MR. SANGER: Objection.
13 MR. NICOLA: It’s a “yes” or “no” question.
14 MR. SANGER: I’ll withdraw it, as long as he
15 goes no further.
16 Q. MR. NICOLA: Just “yes” or “no.”
17 A. Yes.
18 Q. Okay. Are you trained to search for
19 addresses and verify whether or not they exist?
20 A. Yes.
21 Q. Does the address listed on 848 for Janet
22 Arvizo in Calabasas exist?
23 A. No.
24 MR. NICOLA: Nothing further.
Sanger ask Lt. Klapakis to confirm that Montgomery volunteered to be an informant for the sheriff’s department and make a pretext phone call on their behalf:
27 BY MR. SANGER:
28 Q. You were the officer who first had a formal 7625
1 interview with Miss Montgomery; is that correct?
2 A. Yes.
3 Q. And that was on January 13th, 2004?
4 A. Well, my first contact with her was in
5 November of .03.
6 Q. Oh, that’s true. Okay. As far as a formal
7 interview, though, you didn’t have a formal
8 interview until that time?
9 A. I’ve had several interviews with her. I’m
10 not quite sure of the date, sir.
11 Q. You were aware that prior to that, she had
12 called and volunteered some information. She had
13 talked to somebody else in the sheriff’s department;
14 is that right?
15 A. Yes.
16 Q. And as a result of her calling and
17 volunteering information, you then called and talked
18 to her?
19 A. Yes.
20 Q. And you had a rather extensive interview
21 with her; is that correct?
22 A. Phone interview, yes.
23 Q. Phone interview.
24 And following that, arrangements were made
25 to meet with her on January 22nd, 2004, correct?
26 A. I believe it was in January. But I’m not
27 quite sure of the date.
28 Q. And that was a date in which you met with 7626
1 her and with her attorney, Robert Moore; is that
3 A. Yes.
4 Q. And she then volunteered information about
5 Mr. Schaffel; is that right?
6 A. That’s correct.
7 Q. And she volunteered information about other
8 people associated with Mr. Schaffel; is that
10 A. Yes.
11 Q. And she offered to make a pretext telephone
12 call to one of those people; is that correct?
13 A. She did agree to do that, yes.
14 Q. And she made the call and it was
15 tape-recorded for the benefit of the sheriff’s
16 department; is that right?
17 A. Yes.
18 MR. SANGER: I have no further questions.
Nicola wanted to make it clear to the jury that it is legal for pretext phone calls to be made by police informants during an official police investigations:
21 BY MR. NICOLA:
22 Q. To your knowledge, Lieutenant, are members
23 of police agencies investigating crimes or their
24 agents – for example, citizens who agree to work
25 with them – allowed to tape-record telephone
26 conversations during the course of an investigation?
27 MR. SANGER: I’m going to object to the form
28 of the question. Calls for speculation, and/or 7627
1 irrelevant information.
2 THE COURT: Overruled.
3 THE WITNESS: Yes, they are.
4 MR. NICOLA: Okay. Nothing further.
Sanger asked Lt. Klapakis to explain in detail his level of participation in Montgomery’s pretext phone call:
7 BY MR. SANGER:
8 Q. All right. So just to clarify that,
9 under — your understanding of California law is
10 that if law enforcement, a peace officer, authorizes
11 somebody to make a call and tape-record it, that
12 that permits them then to do so; is that right?
13 A. That is my understanding of California law.
14 Q. In other words, it would be unlawful
15 otherwise for just an ordinary citizen to
16 tape-record a telephone conversation without the
17 consent of both parties to the conversation; is that
19 A. That’s correct. You need law enforcement
21 Q. Yes. So there’s a law enforcement exception
22 to that rule – all right?
23 A. Yes.
24 Q. — that allows — that allows law
25 enforcement to tape-record in California, to
26 tape-record a conversation without the consent of
27 the other party, correct?
28 A. Yes. 7628
1 Q. And that’s been interpreted to allow a law
2 enforcement officer to empower another person, a
3 civilian, to make a call and tape-record it without
4 the consent of the other party as long as law
5 enforcement said it was okay; is that right?
6 A. That is my understanding of California law,
8 Q. Okay. And in this particular case, did
9 you — did your office — whether it was you in
10 particular or not, did your office participate in
11 making this pretext call that was tape-recorded?
12 A. I participated in it.
13 Q. Okay. So this wasn’t just saying, “If you
14 want to tape-record somebody, go do it.” It was you
15 actually sitting there getting the tape-recorder set
16 up on the phone and having her place the call in
17 your presence; is that right?
18 A. That’s correct.
19 Q. Okay. And it was your understanding at that
20 time that she was attempting to be helpful in the
21 case against Mr. Jackson; is that right?
22 A. She was helpful in this investigation, yes.
23 MR. SANGER: Okay. No further questions.
24 MR. NICOLA: No further questions, Your
26 THE COURT: You may step down.
27 Call your next witness.
28 MR. AUCHINCLOSS: People call Hamid Moslehi. 7629
The next prosecution witness was Hamid Moslehi, who worked as Jackson’s videographer and shot Jackson’s footage during Bashir’s interviews, as well as the rebuttal tape. Here’s his background:
17 DIRECT EXAMINATION
18 BY MR. AUCHINCLOSS:
19 Q. Good morning, Mr. Moslehi.
20 A. Good morning.
21 Q. What is your occupation, sir?
22 A. I do still photography and video production.
23 Q. And what training and experience have you
24 had that qualifies you to — for that profession?
25 A. Training; like what do you mean by that?
26 Q. Well, I mean, what is your background that
27 qualifies you for that position, to be a
28 professional photographer and videographer? 7630
1 A. Well, I majored in art directing, actually.
2 But then now I started, like, experience hands-on in
3 photography, and then I got into video production,
4 so I became one.
5 Q. All right. How long have you been a
6 professional photographer/videographer?
7 A. Since 1990 I would say.
8 Q. Okay. The microphone I’m going to have you
9 use is the one on the left there, okay?
10 A. Sorry.
11 Q. And tell me a little bit about the type of
12 photography that you do and the type — we’ll start
13 with the type of photography that you do.
14 A. I do, like, documentaries. I do events.
15 And kind of news style, too.
16 Q. Okay. When I say “photography,” I’ll — my
17 intention will be to cover still photography as well
18 as videography, okay?
19 A. Okay.
20 Q. When you say “documentaries,” are you
21 talking about videos?
22 A. That’s correct.
23 Q. What about production of videos? Editing,
24 this type of thing? Do you participate in that
26 A. Sure. I do, like, pre-production, and then
27 production, and post-production, which contains some
28 editing work. 7631
1 Q. Okay. What are the distinctions between
2 pre-editing —
3 A. Pre-production is mostly planning for the
4 production. Production, it’s the shooting itself.
5 And post-production is editing it and putting the
6 final touches together.
7 Q. Do you have any employees for your business?
8 A. I hire, like, independent contractors.
9 Q. On an as-needed basis or —
10 A. That’s correct.
11 Q. Have you ever — well, let me back up.
12 How do you work with an individual who hires
13 you in terms of the legal arrangement? Do you ever
14 act as an employee?
15 A. No. They’re mostly independent contractor.
16 Basically they work per project. So I give them a
17 call, check their schedule. If they are available,
18 then I book them.
19 Q. And what type of independent contractors do
20 you use? What —
21 A. Freelance people mostly.
22 Q. But specifically what tasks do you assign
24 A. It could be sound, it could be assisting, it
25 could be lighting, grip, all sort of thing.
26 Q. What’s a grip?
27 A. A grip is the guy who put, like, stands
28 together or, you know, carries heavy equipment 7632
1 around, and things like that.
Moslehi began working with MJJ Productions in 1996, providing photography and video production services for over 40 projects. Here’s his walkthrough of his employment history with Jackson through the years:
2 Q. Have you ever been contracted by MJJ
3 Productions for any of your photography work?
4 A. MJJ Production has used my services from
5 1996, I believe, till 2003.
6 Q. And what type of services have you provided
7 to MJJ Productions?
8 A. Still photography and video production.
9 Q. How many projects have you worked on with
10 MJJ Productions?
11 A. I would say between maybe 40 to 50 projects.
12 Q. And if you can tell me, give me an example,
13 or a couple of examples, of the nature of the work
14 that you do for MJJ Productions.
15 A. Could you be more specific to that? Like —
16 Q. Well, do you ever receive still photography
18 A. Sure.
19 Q. What type?
20 A. It could have been a birthday party. It
21 could have been family portrait pictures. It could
22 have been concert.
23 Q. Okay.
24 A. Or documentaries.
25 Q. Same question for videography.
26 A. Same.
27 Q. Same answers?
28 A. Same answers. 7633
1 Q. Okay. When you work for MJJ Productions,
2 how do you become aware that there is a job for you
3 there? Who informs you that MJJ Productions wants
4 to employ your services?
5 A. Typically I would get a call from Mr.
6 Jackson’s personal assistant at MJJ Production. And
7 basically I would check my schedule. Upon my
8 availability, I would book that job and take it from
10 Q. What do you understand MJJ Productions to
12 A. I believe it’s Michael Joe Jackson
14 Q. Okay. Michael Jackson’s production company?
15 A. Yeah.
16 Q. Okay. And when you say “Michael Jackson,”
17 you’re referring to the gentleman seated in — at
18 the table to my right?
19 A. That’s correct.
20 Q. And when you shoot video work, what type of
21 documentaries? You mentioned that you would shoot
22 video documentaries. Give me an example.
23 A. For example, Mr. Jackson would take a trip
24 to London to do — for, like, a fund-raising event.
25 And I would shoot basically fans, media, everything
26 that goes around it. And including the event
28 Q. Would Mr. Jackson ever personally call you 7634
1 to set up one of these contracts that you’d do for
3 A. Maybe a few times.
4 Q. Okay. And when I say “contract,” I mean
5 you’re a contractor, contracted employment?
6 A. That’s correct.
7 Q. Okay. Did you ever do any public relations
8 type of photography for Mr. Jackson?
9 A. In what sense? Like —
10 Q. Videos or still photographs that were going
11 to be used for public relations purposes.
12 A. Sure.
13 Q. How many times, if you can approximate?
14 A. Maybe 20, 25.
15 Q. Did you interact with Mr. Jackson when you
16 were shooting those projects?
17 A. Sure.
18 Q. Can you tell me what his level of interest
19 was and involvement — well, let’s start with his
20 interest. When you did those projects, can you
21 characterize how involved — let’s strike that
22 question. We’ll go right to involvement.
23 How involved would Mr. Jackson be with you
24 when you would be shooting a project that was for
25 public relations purposes?
26 A. How involved? Like what —
27 Q. Would he interact with you?
28 A. Sure. 7635
1 Q. And what would his level of interaction be
2 in terms of what he wanted concerning the specific
4 MR. MESEREAU: Objection; vague.
5 THE COURT: Overruled.
6 Q. BY MR. AUCHINCLOSS: Do you understand the
8 A. Please repeat that question one more time.
9 Q. My question is, what would his level of
10 interaction be with you regarding the video project
11 that you’re shooting for public relations purposes?
12 A. Mostly technical. Like lighting, camera
14 Q. He would talk to you about that?
15 A. Sure.
16 Q. All right. Would he tell you what angles he
18 A. He would look at the monitor and then make
19 some suggestions as to what he likes it to be.
20 Q. What about the finished product? Would he
21 be interested or involved with you concerning what
22 the finished project would look like?
23 A. Sure. Sometimes.
24 Q. All right. Were you ever present when he
25 was shooting a music video?
26 A. Yes.
27 Q. What was — was he involved in that process,
28 if you know? 7636
1 A. Of the story? Or —
2 Q. The shooting of it. How involved would he
3 be with the part of the project that you observed?
4 A. I’m sure he would be involved with the
5 director as far as the story of the music video, and
6 also with the director of photography for the look
7 of the picture.
8 Q. As far as the finished product would go, can
9 you characterize Mr. Jackson’s level of interest in
10 terms of how that finished product would come out?
11 MR. MESEREAU: Objection; vague.
12 THE COURT: Overruled.
13 You may answer.
14 THE WITNESS: Very perfectionist, I would
16 Q. BY MR. AUCHINCLOSS: Okay. And why do you
17 say he’s a perfectionist?
18 A. Because he would make comments that would
19 make sense, changes, and using a level of
20 perfectionism I would say.
During the production of Bashir’s “Living With Michael Jackson” crock-umentary, Moslehi supervised several scenes that were shot at Neverland, and in Miami. He adjusted lighting, camera angles, and other technical aspects of the shoots.
21 Q. Were you familiar with a project that was —
22 that involved Martin Bashir that was entitled,
23 “Living with Michael Jackson”?
24 A. Say that, your question, one more time.
25 Q. Are you aware —
26 A. Oh, yes, I am.
27 Q. — of a video called “Living with Michael
28 Jackson,” a documentary? 7637
1 A. I am.
2 Q. Do you know if Mr. Jackson was involved in
3 the production part of that documentary?
4 A. Production of it?
5 Q. Yes.
6 A. Meaning —
7 Q. The cutting, the editing. I’m talking about
8 the whole production. Do you understand the word
10 A. I do understand the word “production.”
11 Q. Okay.
12 A. When you say “involved,” because Mr. Jackson
13 was the subject of this documentary.
14 Q. I know.
15 A. Now, technically, was he involved
16 technically with it?
17 Q. Yes.
18 A. In some level.
19 Q. And what level was he involved?
20 A. Mostly the look of the camera and the
22 Q. Okay. And did you participate at all in the
23 making of that video production?
24 A. The Martin Bashir, right?
25 Q. Yes.
26 A. Yes, I did.
27 Q. In what capacity?
28 A. I was called from Mr. Jackson’s office to 7638
1 come to Neverland and supervise a production or a
2 shoot that is taking place by Martin Bashir. I
3 was — usually my duties are to make sure that Mr.
4 Jackson looks good in that monitor or a picture of
5 it. That includes camera angles, lighting, other
6 technical things. And that’s what my involvement
7 was for that documentary.
In this excerpt, Moslehi further describes his duties as Jackson’s personal videographer:
8 Q. Okay. What does the term “personal
9 videographer” mean?
10 A. A personal videographer would be someone who
11 creates video images for another person.
12 Q. And is it uncommon in the world of
13 celebrities for celebrities to have their own
14 personal videographer?
15 A. Actually, it’s called a personal DP. This
16 stands for Director of Photography.
17 Q. All right.
18 A. It is common that celebrities have their own
19 DP that they bring on a shoot, because that person
20 is familiar with that, with the image of that
21 celebrity, and it could help to create a
22 good-looking picture.
23 Q. And during the period of time that you
24 worked as a contractor for Mr. Jackson, were you his
25 personal DP?
26 A. I worked on certain projects that I acted as
27 a personal DP for Mr. Jackson.
28 Q. Was there anybody else during that time who 7639
1 was working with him as a personal DP?
2 MR. MESEREAU: Vague as to time.
3 MR. AUCHINCLOSS: That’s fair.
4 Q. During — I believe you said that you began
5 working with him in .97?
6 A. 1996.
7 Q. 1996. And when did you finish, stop working
8 with him?
9 A. I believe early 2003.
10 Q. Okay. So during that period, are you aware
11 if he had any other personal DPs?
12 A. At the beginning there was another gentleman
13 that also had the same kind of position.
14 Q. Uh-huh. And then at some point, did you
15 become the only personal DP for Mr. Jackson?
16 A. That’s correct.
17 Q. When did that occur?
18 A. I think towards .97. 1997.
19 Q. Okay. So from .97 to 2003, were you Mr.
20 Jackson’s personal DP?
21 A. That’s correct.
22 Q. And did you ever travel with Mr. Jackson?
23 A. Yes, I did.
24 Q. Did you ever go on tour with Mr. Jackson?
25 A. Yes, I did.
26 Q. Did you ever go to places at Mr. Jackson’s
27 behest, at his request, to meet him and do video
28 shoots? 7640
1 A. Yes, I did.
Auchincloss pivoted back to the Moslehi’s participation in the Bashir documentary and questioned him in further detail about his duties. Moslehi assisted in two shoots at Neverland on July 30th & 31st, 2002, and a shoot in January 2003.
2 Q. Okay. Now, as far as the Martin Bashir
3 video, you said that you participated in — well,
4 let me strike that.
5 Did you participate as a personal DP in any
6 of the video shoots involving Michael Jackson for
7 the Martin Bashir special?
8 A. Yes, I did.
9 Q. How many?
10 A. I’m sorry.
11 Q. Help yourself.
12 A. I think three sessions.
13 Q. Do you know the dates?
14 A. To my best memory, I think it was July 30th
15 of 2002, July 31st of 2002, and the last session was
16 mid-January of 2003.
17 Q. And on these individual shoots, what were
18 your duties?
19 A. The very first session, I took some still
20 photographs and I hired a crew to do like a
21 behind-the-scenes footage.
22 Q. Where was this first one that occurred on
23 July 30th? Where did that shoot take place?
24 A. At Neverland Valley Ranch.
25 Q. All right. And you took some stills?
26 A. That’s correct.
27 Q. Okay. Any video shooting on that day?
28 A. Yes. 7641
1 Q. Did you help out with that at all?
2 A. Well, I hired a crew to do video and sound
3 as a behind the scene, so, yes, there was a video
4 and the still photography that day.
5 Q. And as far as the videographer for the
6 actual special, the Martin Bashir special, did you
7 do the video for that?
8 A. I helped Mr. Bashir’s crew for lighting
10 Q. Okay. So Mr. Bashir had his own crew for
11 that shot — that shooting, and you assisted with
13 A. Well, yeah, my duty were to light Mr.
15 Q. Did you also help out with camera angles?
16 A. Yes.
17 Q. And what’s your goal when you try to assist
18 in lighting and camera angles? What are you trying
19 to do?
20 A. I try to make my subject the best that they
21 can look.
22 Q. Okay. What occurred on the 31st — first of
23 all, let me back up. Where did that shoot occur?
24 A. The 31st?
25 Q. Yes.
26 A. Neverland Valley.
27 Q. And what did you do at Neverland Valley on
28 that date? 7642
1 A. The second day, basically it was supposed to
2 do just — to be an interview only. So I helped Mr.
3 Bashir’s crew put up lighting. I did the lighting
4 for Mr. Jackson. And I also recorded it on a
5 separate camera.
6 Q. Did you record anything on a separate camera
7 the first day?
8 A. Well, I had a crew the first day, which they
9 were shooting behind-the-scene footage.
10 Q. So you had a separate camera both days?
11 A. They were different cameras, yes.
12 Q. Okay. And then you had another shoot in
13 mid-January of .03. Where did that shoot occur?
14 A. Florida.
15 Q. Did you — and I take it you flew to Florida
16 to make that appointment?
17 A. That’s correct.
18 Q. How did you become aware that that — on the
19 trip to Florida, how did you become aware that your
20 services were going to be requested?
21 A. I believe I received a call from Mr.
22 Jackson’s assistant from MJJ Productions, and they
23 informed me that there’s going to be another
24 interview with Martin Bashir of Mr. Jackson in
26 Q. Okay. And what did you do to help out on
27 that particular shoot?
28 A. Mostly lighting for Mr. Jackson. 7643
1 Q. Did you do any behind-the-scenes video
2 footage on that?
3 A. Yes, I did some footage of behind the scene
4 and still photos.
Moslehi was then questioned about his interactions with the Arvizo family throughout his employment with Jackson. He first met them when they visited Neverland in September 2000, and he shot the following footage of a very sick Gavin being wheeled around in a wheelchair by Jackson:
Here is Moslehi’s descriptions of the first two videos he shot of Gavin at Neverland; in the first video (above), which was shot in September 2000, nothing was scripted, and Jackson wanted to get footage of himself helping Gavin, and in the second video from October 2000, Star and Gavin filmed themselves for “The Neverland Channel”.
5 Q. During the course of your work for Mr.
6 Jackson, have you ever shot any videotape of a
7 family with the last name of Arvizo?
8 A. Yes, I did.
9 Q. On how many occasions?
10 A. Approximately three.
11 Q. Do you remember the approximate month and
12 year that those three video shoots took place or —
13 A. Each of them?
14 Q. Yes.
15 A. I believe the first one was October of 2000.
16 Or, I’m sorry, the first one was September 2000, if
17 I remember correctly.
18 The second was — the second one was October
19 of 2000, if I remember correctly.
20 And I believe the last one was February 19
21 of 2003.
22 Q. Were you present — well, let me ask you,
23 first of all, did you see the Martin Bashir special?
24 A. “Living with Michael Jackson”?
25 Q. Yes.
26 A. Yes.
27 Q. Did you see the segment in which Gavin
28 Arvizo appears in that documentary? 7644
1 A. Well, there’s two versions. There’s an ABC
2 version and a BBC version. I saw the ABC version.
3 Q. Okay.
4 A. And I saw Gavin with Mr. Jackson in a scene.
5 Q. Were you present when that scene was shot?
6 A. No, I was not.
7 Q. Okay. Let’s go back to the first video that
8 you did for Mr. Jackson on — involving the Arvizo
9 family. You said it was September 2000. What was
10 that shoot about?
11 First of all, tell me, if you can recall, who
12 contacted you.
13 A. If I remember correctly, I received a call
14 from MJJ Productions, Mr. Jackson’s personal
15 assistant, and they informed me that Mr. Jackson
16 wants me to go to Neverland to shoot some footage.
17 Q. And you arrived at Neverland?
18 A. That’s correct.
19 Q. Did you have any crew with you?
20 A. I believe I had one assistant, if I remember
22 Q. And what did you do at Neverland on that
23 particular occasion?
24 A. I was told by Mr. Jackson to get some
25 footage of Gavin and him walking around at
27 Q. Is that the first time you met Gavin?
28 A. I believe so. 7645
1 Q. Did you meet any other members of the Arvizo
2 family on that trip?
3 A. His brother.
4 Q. Do you recall his name?
5 A. Star.
6 Q. So tell me how you went about your task of
7 getting video footage. How did that happen,
9 A. I believe I was told by Mr. Jackson to just
10 get some coverage, footage of Mr. Jackson and Gavin
11 walking around the Neverland.
12 Q. Were these shoots scripted at all?
13 A. No.
14 Q. How did you go about getting this video
16 A. I would basically decide what angle, how,
17 where, you know, to shoot this footage.
18 Q. And who would decide the arrangement of the
19 subjects and what the subjects would be doing?
20 A. Sometime Mr. Jackson will direct me as far
21 as what shots he wants. But most of the time he
22 would leave it up to me.
23 THE COURT: All right. Let’s take our break.
24 (Recess taken.)
25 THE COURT: Counsel?
26 MR. AUCHINCLOSS: Thank you, Your Honor.
27 Q. BY MR. AUCHINCLOSS: Mr. Moslehi, where we
28 left off, we were talking about the September 2000 7646
1 video that you shot of Gavin and Michael Jackson.
2 Now, my last question really deals with
3 the — dealt more with the subject — what the
4 individual subjects of that video were doing.
5 First of all, let me ask you, who were the
6 individual subjects in that video?
7 A. Mr. Jackson.
8 Q. Yes.
9 A. Gavin. I believe there was a shot of three
10 of them, with Star, the brother.
11 Q. All right. Anybody else who appeared in
12 that video?
13 A. Not that I remember.
14 Q. And in terms of what Mr. Jackson was doing
15 in that video, who decided that, what he was doing,
16 in terms of whether he was standing in a place,
17 walking, that kind of thing?
18 A. Well, Mr. Jackson asked me to shoot some
19 footage, and while he was walking with Gavin, I will
20 decide whether to get an over-the-shoulder shot,
21 which is a back shot, or run in the front and get a
22 front shot.
23 Q. Okay. I understand that you were in charge
24 of shooting the photography, the video, and that you
25 made a decision about camera angles, right?
26 A. Sure.
27 Q. And but in terms of what Mr. Jackson was
28 doing when you shot those photographs, did you 7647
1 direct him, or did Mr. Jackson do that on his own?
2 A. You mean the video, right?
3 Q. Yes. What he was doing.
4 A. He was walking with Gavin, I guess.
5 Q. Did you understand my question?
6 A. No, I’m sorry. Go ahead.
7 Q. Who made that decision, what Mr. Jackson was
8 doing, what he did in that video? Who decided —
9 A. Himself. Mr. Jackson himself.
10 Q. So you didn’t tell him, “Go stand over
11 there. And now I want you to walk across” —
12 A. No.
13 Q. Okay. He decided.
14 Let’s talk about the second video. You
15 mentioned that was in October of the same year; is
16 that right? 2000?
17 A. As I remember, yes.
18 Q. Who were the subjects of that video?
19 A. Well, the video was a pilot. A pilot is
20 like a little sample of an idea. Mr. Jackson —
21 well, I had a meeting with Mr. Jackson, and he
22 informed me that he likes to do a program called
23 “Neverland Channel.”
24 Q. Okay.
25 A. Which is like —
26 Q. So this was a little pilot —
27 MR. MESEREAU: Objection. I don’t think the
28 witness completed his response, Your Honor. 7648
1 MR. AUCHINCLOSS: Then I believe we were
2 getting nonresponsive. But —
3 THE COURT: Well, you can ask him another
4 question. Go ahead.
5 Q. BY MR. AUCHINCLOSS: All right. So going
6 back to my original question, who were the subjects
7 of that video?
8 A. The host of the video was Star, Gavin’s
10 Q. Okay. And who else appeared in that video?
11 A. Some other kids, including Gavin, and some
13 Q. How long did that video take to shoot?
14 A. A good 16-hour day it was.
15 Q. 16 hours?
16 A. Yeah. One day.
17 Q. Did Star exhibit any natural talent in terms
18 of his ability to host this program?
19 A. “Natural talent” meaning?
20 Q. Talent.
21 A. Was he be able to do this right, or —
22 Q. Correct.
23 A. Not really.
24 Q. Tell me what you mean.
25 A. Well, first of all, dealing with kids and
26 animal in production is really tough.
27 Q. Uh-huh.
28 A. But when you deal with both of them, is just 7649
1 another situation that it’s really tough to shoot.
2 Star did not have enough, I guess, rehearsal or
3 talent to do this video right, so we had to take a
4 lot of takes and that kind of thing. Is that what —
5 Q. Yeah, that’s the question.
6 For instance, how many takes would it
7 take — how many different takes would you run
8 before you got a good shot of Star doing what you
9 wanted him to do?
10 A. Well, I — if I remember correctly, I never
11 ended up getting a really good shot that I was
12 looking for. But it would take like 15 takes,
13 maybe, just to get a little piece so I can probably
14 fix it in editing and put a piece together.
15 Q. All right. What were Star’s shortcomings,
16 if you could characterize them, in his ability to be
17 the host of this program?
18 MR. MESEREAU: Objection; relevance.
19 THE COURT: Overruled.
20 You may answer.
21 THE WITNESS: May I answer?
22 THE COURT: You may.
23 THE WITNESS: Well, the way he was basically
24 acting in front of a camera, and, you know, just
25 like his skills, I guess. It wasn’t — it wasn’t
27 Q. BY MR. AUCHINCLOSS: Okay. Were you the
28 producer of this particular video? 7650
1 A. Yes, I was.
2 Q. Okay. Were there any other individuals who
3 were involved in this, other than yourself?
4 A. Crew-wise? Like other —
5 Q. Any fashion.
6 A. Yes.
7 Q. Was there a crew?
8 A. Yes, I hired a crew to shoot this.
9 Q. What about in the production of it? Was
10 there anybody else who was involved in the
11 production of it?
12 A. Well, production is like really the crew who
13 shoot the footage, or sound, that kind of stuff. Is
14 that what your question —
15 Q. I mean pre-production —
16 A. Oh, pre-production.
17 Q. — production or post-production. Anybody
18 else involved in any production aspect?
19 A. Well, the pre-production was mostly me and
20 Mr. Jackson.
21 Q. Okay.
22 A. Production was me and my crew.
23 Q. Okay.
24 A. And post-production was me.
25 Q. Okay. Was Frank Cascio involved in this
26 production at all?
27 A. Yes, he was.
28 Q. In what fashion? 7651
1 A. Co-producer.
2 Q. And what does that mean?
3 A. Like somebody who coordinates things. For
4 example, he would practice with the talent, in this
5 case Star, go through his lines. That kind of
7 Q. When you say Mr. Jackson helped you with
8 pre-production, what did you mean by that?
9 A. As I said, we had a meeting with — I had a
10 meeting with Mr. Jackson, and Mr. Jackson explained
11 to me what he wants to create for this look, or for
12 the story of it. So that’s part of the
14 Q. Okay. Did you go through what was going to
15 be said by Star or the individuals who were
17 A. With Mr. Jackson?
18 Q. Yes.
19 A. I — I don’t think so.
20 Q. Okay. Did you go through what the
21 individual shoots would involve? Any specifics
22 about what the program — that program or pilot
23 would be about?
24 A. We covered certain style of the coverage, if
25 I remember correctly.
26 Q. Okay.
27 A. With Mr. Jackson.
28 Q. Who is Frank Cascio? 7652
1 A. Frank is a friend/associate of Mr. Jackson.
2 Q. Do you know Frank Cascio?
3 A. Yes, I do.
4 Q. How long have you known him?
5 A. I believe I saw him at the tour, which was
7 Q. I’m sorry?
8 A. In 1996, Mr. Jackson did a tour. And if I
9 remember correctly, Frank was there.
10 Q. Where was that tour?
11 A. It was a world tour.
12 Q. Were you present during the entire tour?
13 A. Yes, I was.
14 Q. And where did that world tour go?
15 A. We went to a lot of different countries.
16 I would say 40, 50 countries. 40, 50 countries.
17 Q. How long did the tour take?
18 A. It was a year — well, eight months in a
19 year-and-a-half period.
20 Q. Was Mr. Cascio there the entire time?
21 A. On and off.
22 Q. What percentage of time would you say he was
23 on the tour with Mr. Jackson?
24 A. I would say maybe 30 percent.
Next, Moslehi recounted the work he did for Jackson during the final scene of Bashir’s documentary, which was shot in Miami, Florida in January 2003, and the interview with Debbie Rowe on February 5th, 2003. Moslehi denied seeing Weisner or Konitzer holding a script for Debbie Rowe to read from, which refutes the prosecution’s assertions that the interview was scripted to make Jackson look good.
17 Okay. Mr. Moslehi, at some time during the
18 early part of 2003, you said that — well, let me
19 strike that. In 2003, did you perform some video
20 services for Michael Jackson in the early part of
22 A. Yes, I did.
23 Q. And I believe you, first of all,
24 characterized that you did some assistance in the
25 Martin Bashir documentary in January; is that
27 A. Mid-January of 2003.
28 Q. Okay. Subsequent to that, did you perform 7661
1 some more — some additional video services for Mr.
3 A. Yes, I did.
4 Q. All right. And could you describe the first
5 one? First, let me strike that.
6 How many projects or individual shoots did
7 you involve yourself in at the request of Mr.
8 Jackson for the remainder of 2003?
9 A. I would say five or six projects.
10 Q. Okay. Tell us about the first one. Tell me
11 what — first of all, what was the subject matter of
12 the first shoot, the first of those shoots?
13 A. Well, I believe the very first project, if
14 I’m not wrong, it was the Martin Bashir, which
15 was —
16 Q. Yes.
17 A. — mid-January of 2003.
18 Q. Yes. And what was the next one?
19 A. Next one, I believe, was a shoot in Florida
20 which never took place.
21 Q. Okay. Let’s start with that one. Well, let
22 me ask you this, first of all:
23 Prior to that shoot in Florida, did you do
24 any video — any other video production between the
25 shoot — between going to Florida and the Martin
26 Bashir documentary?
27 A. I’m not sure.
28 Q. All right. Do you recall doing a video 7662
1 shoot on February 5th, 2003?
2 A. I think there was an interview with Debbie
4 Q. All right. Where did that interview take
6 A. At Marc Schaffel’s house. Calabasas.
7 Q. When did you first learn that that was a
8 project that Mr. Jackson wanted you to shoot?
9 A. Maybe a day before.
10 Q. Who informed you of that?
11 A. I’m not sure. Could have been Mr. Jackson’s
12 personal assistant or his new managers.
13 Q. Okay. Who were his new managers at that
15 A. Ronald and Dieter.
16 Q. When did you first learn that Ronald and
17 Dieter were Michael Jackson’s new managers?
18 A. I believe I had a meeting with them in late
19 2002. I would say November, December.
20 Q. Uh-huh.
21 A. And they informed me that they were going to
22 take the management from, I guess, the beginning of
23 the year.
24 Q. Did Mr. Jackson ever confirm that, that they
25 were his new managers?
26 A. Not directly, but somehow indirectly.
27 Q. What do you mean?
28 A. Once I called Mr. Jackson to ask him a 7663
1 question, and he asked me to call Dieter.
2 Q. Okay. Did he indicate what — who Dieter
3 was, to why he wanted you to call Dieter?
4 A. Why Mr. Jackson wanted to know —
5 Q. Why Mr. Jackson wanted you to call Dieter.
6 Did Mr. Jackson tell you?
7 A. Well, I think Dieter had the answer for
8 whatever question I had.
9 Q. I’m not asking what you think. I’m asking
10 you if Mr. Jackson told you why he wanted you to
11 call Dieter.
12 A. He didn’t specifically told me why, but he
13 just advised me to call Dieter.
14 Q. Do you know what the subject matter was? Do
15 you remember the subject matter of that
17 A. I don’t remember.
18 Q. So you were instructed to do a video shoot
19 of Debbie Rowe?
20 A. That’s correct.
21 Q. And where did that shoot take place?
22 A. At Mr. — at Marc Schaffel’s house.
23 Q. Who told you to show up at Marc Schaffel’s
25 A. It could have been either Mr. Schaffel or
27 MR. AUCHINCLOSS: Just a moment.
28 (Off-the-record discussion held at counsel 7664
2 Q. BY MR. AUCHINCLOSS: All right. Going back
3 to this video shoot, what was the purpose of it?
4 A. The Debbie Rowe?
5 Q. Yes.
6 A. I believe it was like a response for what
7 the Martin Bashir documentary was about.
8 Q. Had the Martin Bashir documentary aired in
9 the United States at that time?
10 A. I don’t think so. I’m not sure.
11 Q. All right.
12 A. If I remember correctly, that documentary
13 was aired on the 6th of February.
14 Q. Okay. Did you see the Martin Bashir
16 A. Yes, I did.
17 Q. Where did you see it? Where were you when
18 you saw it?
19 A. I was in Florida.
20 Q. Do you specifically remember whether you
21 shot the Debbie Rowe footage before you went to
23 A. I believe, yes. The day before.
24 Q. The day before?
25 A. The day before.
26 Q. All right. So whatever day you went to
27 Florida, the day before that, you shot the Debbie
28 Rowe footage? 7665
1 A. That’s correct.
2 Q. Now, tell me, who was at Marc Schaffel’s
3 home at the time this footage was shot?
4 A. There was Debbie, another lady, the
5 interviewer, which I forgot his name, Schaffel,
6 Christian Robinson, me, and my crew.
7 Q. And what was Mr. Schaffel’s role in this
9 A. I believe some sort of producer.
10 Q. Okay. And specifically what did he do?
11 A. He would have, like, a questionnaire in his
12 hand to let the interviewer — what to ask.
13 Q. What did this questionnaire look like?
14 A. Pieces of paper.
15 Q. Did the interviewer — who was the
17 A. I forgot his name.
18 Q. This is the fellow you can’t remember his
20 A. That’s correct.
21 Q. And the interviewer, did he have any paper
22 in his hands when he was asking the questions?
23 A. During the interview, I don’t remember
24 seeing him having any paper in his hand.
25 Q. Would he ever confer with Mr. Schaffel about
26 how this interview would proceed?
27 A. Prior to this shoot or during the shoot?
28 Q. At any time. 7666
1 A. They had some interactions as far as, you
2 know, what kind of questions to ask and so on.
3 Q. And how many times did they interact about
4 how this interview was going to be conducted?
5 A. Approximately?
6 Q. If you can recall, yeah, approximately.
7 A. Six, seven times, maybe.
8 Q. How many times before the interview started
9 did they have discussions of that nature?
10 A. I’m not sure.
11 Q. And this interview, after you finished
12 shooting it, what did you do with the footage?
13 A. Mr. Schaffel took it.
14 Q. Did he take it on that day?
15 A. Yes.
16 Q. It was in video format?
17 A. That’s correct.
Here’s his description of the Florida interview between Jackson and Bashir:
18 Q. Okay. So you said the next day after that
19 shoot, you went to Florida?
20 A. That’s correct.
21 Q. What city in Florida?
22 A. Miami.
23 Q. And why did you go to Florida?
24 A. I was informed that there’s going to be some
25 sort of video shoot.
26 Q. Who informed you of that?
27 A. Either Mr. Jackson’s personal assistant or
28 Dieter. 7667
1 Q. And when you say his personal assistant, do
2 you mean Evvy?
3 A. That’s correct.
4 Q. How long has Evvy been his personal
5 assistant, as far as you know?
6 A. Years. Maybe 15 years. Something like
8 Q. Okay. She was his personal assistant when
9 you began in .96?
10 A. That’s correct.
11 Q. And were you informed of what the nature of
12 this video shoot was going to involve in Florida?
13 A. No, I was not.
14 Q. Were you informed of what type of equipment
15 you would need?
16 A. Video equipment.
17 Q. Anything else?
18 A. Well, I usually take, like, my still camera,
20 Q. Did you have any employees with you?
21 A. No.
22 Q. Okay. So tell me the arrangements that you
23 made before you left for Florida, if any.
24 A. Since I couldn’t take anybody with me, if I
25 remember correctly, I called a rental house, which
26 they rent equipment and — video equipment, and
27 booked some equipment so when I get there, I have
28 the proper equipment that I need. Then basically I 7668
1 grabbed all my equipment that I could carry by
2 myself and flew to Florida.
3 Q. Where did you go when you arrived in
5 A. I believe one of Mr. Jackson’s drivers
6 picked me up and they drove me to Mr. Jackson’s
8 Q. Which hotel was that?
9 A. I don’t remember the name of the hotel.
10 Q. And where did you go when you arrived at the
12 A. To my room.
13 Q. Okay. Did you meet with anybody at the
14 hotel on that day?
15 A. I met with Dieter and Ronald that day.
16 Q. Where did that meeting take place?
17 A. I believe at their room.
18 Q. And what did that meeting consist of? What
19 was it a meeting about?
20 A. Mostly about just them taking over the
21 management; they’re the new managers, and the way
22 they liked to conduct business from now on.
23 Q. Okay.
24 A. And also we had discussion about my unpaid
26 Q. Okay. Did you have some unpaid invoices at
27 that time?
28 A. I’m sorry? 7669
1 Q. Did you have some unpaid invoices —
2 A. Yes, I did.
3 Q. — that were owed by MJJ Productions?
4 A. Yes, I did.
5 Q. What kind of figure are we talking about at
6 that time? How much money was owed to you,
8 A. About $250,000.
9 Q. How long had you been owed that money?
10 A. Well, this was like a year and a half worth
11 of unpaid invoices, so it kept adding up.
12 Q. Would you bill as the invoices would accrue?
13 A. I’m sorry?
14 Q. Would you make bills out and send them to
15 Mr. Jackson’s company —
16 A. That’s correct.
17 Q. — as the bills would accrue when you do the
19 A. Yeah, I would finish the work and render an
20 invoice and mail it to Mr. Jackson’s office.
21 Q. So, did you have any discussions with Mr.
22 Konitzer and Mr. Weizner about what you were to do
23 in Florida?
24 A. I asked them what the purpose is. I guess
25 they didn’t know or they didn’t want to let me know,
26 but I was never informed specifically why I went
27 there. But at one point I was informed that it’s
28 not going to happen. 7670
1 Q. When did that happen?
2 A. I believe was either the same day that I got
3 there or it could be the same — the day after.
4 Q. Who told you that it wasn’t going to happen?
5 A. I believe Dieter.
6 Q. Did you see any other individuals there that
7 you recognized from the previous shoot at Debbie
8 Rowe’s — at Marc Schaffel’s house involving Debbie
9 Rowe there in Florida when you were there?
10 A. If I remember correctly, there were — I
11 only met with Ronald and Dieter and Mr. Jackson’s
13 Q. Who was that?
14 A. At the time I believe it was Mike and
15 another gentleman.
16 Q. What was the — what was their involvement,
17 the two bodyguards? What did they have to do with
18 this meeting?
19 MR. MESEREAU: Objection; foundation.
20 MR. AUCHINCLOSS: Maybe I’ll start over
22 Q. Was the meeting with the bodyguards separate
23 from the meeting with Mr. Konitzer and Mr. Weizner?
24 A. Well, it wasn’t a meeting with them, but I
25 met them there. I mean, I saw them there.
26 Q. Okay.
27 A. You know.
28 Q. Did you talk to them? 7671
1 A. Yeah. Casually.
2 Q. Did you ever see the individual who was the
3 interviewer in the Debbie Rowe shoot in Florida
4 while you were there?
5 A. Not that I remember.
6 Q. Sorry?
7 A. Not that I remember —
8 Q. Okay.
9 A. — seeing him there.
10 Q. Did you see Mr. Jackson while you were in
12 A. I don’t believe I did.
13 Q. Did you receive any other instructions while
14 you were in Florida from Mr. Weizner or Mr.
16 A. Well, I informed them about having some
17 footage of Martin Bashir, behind-the-scene
18 documentary. And after discussing certain matters,
19 they advised me to call Marc Schaffel.
20 Q. Did you call Marc Schaffel?
21 A. Yes, I did.
22 Q. While you were in Florida?
23 A. I believe so.
24 Q. Did you receive any instructions from Mr.
26 A. He wanted me to come back to L.A. so I can
27 show him the footage.
28 Q. Okay. Did you do so? 7672
1 A. Yes, I did.
2 Q. When did that occur?
3 A. I believe the day after.
4 Q. So you fly back to Los Angeles. You didn’t
5 do any photography at all in Miami?
6 A. No.
7 Q. And then the next day you meet with Mr.
9 A. That’s correct.
10 Q. And what did Mr. Schaffel — what was that
11 conversation about with Mr. Schaffel?
12 A. If I remember correctly, I explained to him
13 that I have — “I have certain footage of behind the
14 scene that I shot during Martin Bashir production,
15 and that I have made some agreement and arrangement
16 with Dieter and Ronald in regard to usage of this
17 footage, and they asked me to see you.”
18 And then I showed him the footage, and that
19 was it.
20 Q. Okay. Did you receive any further
21 instructions from Mr. Schaffel during the month of
22 February concerning any other shoots, video shoots?
23 A. Some additional footage of Mr. Jackson’s
24 family interviews, some of Mr. Jackson’s archival
25 footage and so on.
26 Q. I’m talking specifically about new video
27 footage that you shot in the month of February —
28 A. Okay. 7673
1 Q. — at the request of Mr. Schaffel. Did you
2 shoot any such video?
3 A. Well, there was some — I mean, there were a
4 few projects within the same one project —
5 Q. Okay.
6 A. — which contained footage and creating a
7 new footage of certain people.
In this excerpt, Moslehi talks about the interviews with Jackson’s parents and brother Jermaine that were shot on February 15th, 2003, and the Arvizo’s rebuttal footage that was shot on February 20th, 2003. It was supposed to be used in the “Take Two: The Footage You Were Never Meant To See” documentary, but was never used. The rebuttal video was initially meant to be shot at Neverland, but Janet insisted that she did not want to return there, so instead it was shot at Moslehi’s home:
8 Q. Let’s begin with what the nature of this new
9 one project was. What was the purpose of this new
10 one project?
11 A. Was like — was a rebuttal documentary of
12 the Martin Bashir documentary.
13 Q. And who did you take new video footage of
14 for purposes of that documentary?
15 A. I believe we shot Mr. Jackson’s parents,
16 including his brother.
17 Q. Where did that take place?
18 A. At the Encino place in California. Mr.
19 Jackson’s house. Joe Jackson’s house in Encino.
20 Q. Okay. And do you know what date that video
21 was shot?
22 A. Approximately February 15.
23 Q. All right. Any other video footage that you
24 shot for this rebuttal film or this rebuttal
26 A. We’re talking new footage, right?
27 Q. Yes. New footage.
28 A. Well, we shot some footage of the Arvizo 7674
1 family, but it never got used. Never got aired on
2 the FOX.
3 Q. Okay. So let’s talk about that.
4 You were — were you assigned to shoot video
5 footage of the Arvizo family for purposes of this
6 rebuttal video?
7 A. That’s correct.
8 Q. Who assigned you to that task?
9 A. I believe was Marc Schaffel.
10 Q. Okay. Do you know?
11 A. I think it was Marc Schaffel.
12 Q. Okay. And were you instructed the nature of
13 this video, what this video footage would be about
14 involving the Arvizo family?
15 A. Well, this footage were supposed to be used
16 in that rebuttal documentary that Martin Bashir
17 basically originally did. So —
18 Q. Okay. Was this rebuttal film — did this
19 rebuttal film have a public relations purpose?
20 A. Sure.
21 Q. What was the public relations purpose?
22 A. Well, to make Mr. Jackson look good.
23 Q. Okay. And so what was the purpose — or let
24 me strike that.
25 Were you ever informed as to what the
26 purpose of taking video footage of the Arvizo family
27 was? What was the purpose for taking footage of the
28 Arvizo family? 7675
1 A. Well, in the Martin Bashir documentary
2 there was a shot of Gavin, I believe, and Mr.
3 Jackson holding hands, which it created some sort of
4 controversy about it. And we were trying to show
5 that basically there was nothing between Mr. Jackson
6 and Gavin that they were saying on the media and
7 news and stuff like that.
8 Q. I’m not sure I understand. There was
9 nothing that — that they were saying?
10 A. Well, just to rebuke (sic) that shot that —
11 basically Mr. Jackson holding the hand of Gavin. We
12 were putting this family in front of a camera just
13 to see what they have to say and use it in that
14 rebuttal documentary.
15 Q. Did you discuss this video-shooting with Mr.
17 A. Of the Arvizo family?
18 Q. Yes.
19 A. Sure.
20 Q. Was it anticipated at all that this video
21 would be a positive thing for Mr. Jackson?
22 A. Sure.
23 Q. How so? How was it anticipated that this
24 was going to be good for — make Mr. Jackson look
26 A. Well, the footage that I shot of Martin
27 Bashir during Martin Bashir production, there were a
28 lot of segments or scenes that Mr. Bashir was 7676
1 saying —
2 Q. I’m going to interrupt you as not —
3 MR. MESEREAU: Objection to interrupting the
5 MR. AUCHINCLOSS: It’s nonresponsive.
6 MR. MESEREAU: It is responsive, I believe,
7 Your Honor.
8 THE COURT: It is.
9 I’ll allow you to finish the question — or
10 the answer. Do you want me to have the part read
11 that you answered?
12 THE WITNESS: I’m sorry, say that again?
13 THE COURT: I’m going to allow you to finish
14 your answer. Do you want to hear the first part of
15 your answer?
16 THE WITNESS: I forgot what I was talking
18 THE COURT: Read him the part of his answer.
19 MR. AUCHINCLOSS: I’m sorry, Your Honor, my
20 question dealt with the previous question of the
21 video of the Arvizos. It was not a general question
22 about the video, the whole video.
23 THE COURT: I’ll let her read the question.
24 MR. AUCHINCLOSS: All right.
25 (Record read.)
26 THE COURT: Now you can finish your answer.
27 THE WITNESS: (Continuing) — that Mr.
28 Bashir was saying good thing about Michael Jackson. 7677
1 Q. BY MR. AUCHINCLOSS: Okay. I’m going to go
2 back to my — what I intended to ask or make. How
3 was the Arvizo family footage anticipated — how was
4 it anticipated that this would help Mr. Jackson to
5 look good, in your discussions with Mr. Schaffel?
6 A. Well, I mean, at that time, I don’t think,
7 there was no footage of the Arvizo, but we were
8 supposed to shoot this footage.
9 Q. Right. I’m talking about the planning of
10 it. You planned to shoot the Arvizo family,
12 A. Correct.
13 Q. The plan was to do a video, a rebuttal
14 video, that would make Mr. Jackson look good?
15 A. Overall, the plan of the rebuttal
16 documentary was to make — basically make Mr.
17 Jackson look good.
18 Q. Was shooting the Arvizo family something you
19 did to try and make Mr. Jackson look good in this
20 rebuttal film?
21 A. Well, at the time, I didn’t know how the
22 final piece would look, because we were still in the
23 production phase of this whole production. Once
24 it’s edited and you look at it, then you can, you
25 know, basically decide whether that’s going to make
26 him look good or not.
27 Q. Let’s just move on.
28 The — where was this — originally where 7678
1 was this video shoot to take place?
2 A. At Neverland.
3 Q. And whose idea was that?
4 A. I believe was Marc Schaffel.
5 Q. Okay. Did you ever go to Neverland to do
6 this shoot?
7 A. Yes, I did.
8 Q. When was that?
9 A. February 19, 2003.
10 Q. Did you bring any assistants with you, any
11 assistants with you?
12 A. I took two people, crew, with me.
13 Q. What time did you arrive at Neverland?
14 A. I would say late afternoon, early evening.
15 7:00-ish, kind of. 6:00-ish.
16 Q. Did you contact any members of the Arvizo
17 family at Neverland that day?
18 A. I saw the three kids at Neverland, and I
19 told them that, “We’re supposed to shoot an
20 interview with you guys.”
21 Q. Okay. The three kids, Gavin, Star and
23 A. That’s correct.
24 Q. Was Janet at Neverland that day?
25 A. She was not.
26 Q. Was there any plan to shoot this video with
27 Janet in it?
28 A. Yes, it was. 7679
1 Q. So did you make an effort to determine where
2 Janet was?
3 A. I asked the kids where their mom is.
4 Q. Okay. What happened next?
5 A. They said, “She’s not here.”
6 Q. What did you do after that?
7 A. I asked them if they know where she is,
8 because we’re supposed to set up this lighting and
9 camera equipment and do the interview.
10 They — I believe they told me that, “She’s
11 not here,” and they’re going to — I asked them if
12 they can call her to see if she’s going to do it or
13 not, or what’s the schedule.
14 Q. During that period, did you have any contact
15 with Mr. Schaffel concerning this problem of the
16 mother not being there?
17 MR. MESEREAU: Objection. Misstates the
18 evidence; move to strike.
19 THE COURT: Overruled.
20 You may answer.
21 THE WITNESS: Did I have any conversation
22 with Schaffel? I believe so.
23 Q. BY MR. AUCHINCLOSS: Okay. Tell me about
24 it. Did you contact Mr. Schaffel?
25 A. I believe either he called me or I called
26 him. I’m not sure. But there was a conversation
27 saying that, “Janet, the mother, is not here.”
28 Q. And what was Mr. Schaffel’s — did Mr. 7680
1 Schaffel have a solution to this issue?
2 A. I guess not at —
3 MR. MESEREAU: Objection; hearsay.
4 MR. AUCHINCLOSS: Offered in furtherance.
5 THE COURT: First of all, that requires a
6 “yes” or “no” answer.
7 MR. AUCHINCLOSS: Okay. Fair enough.
8 Q. Did Mr. Schaffel have a solution of this
9 issue of Janet not being there where you intended to
10 shoot the video involving the entire family?
11 A. Not at the time, I guess. It was just
12 information going back and forth.
13 Q. Okay. At some point while you were at
14 Neverland, did you talk to Janet Arvizo on the
16 A. Yes, I did.
17 Q. Had you previously met Janet Arvizo?
18 A. Yes, I believe I did.
19 Q. Okay. When had you previously met her?
20 A. Where?
21 Q. Where, let’s say where?
22 A. At Neverland Valley.
23 Q. Okay. Was that during one of the shoots
24 that you had done with the Arvizo family before, the
25 Arvizo kids?
26 A. The year 2001?
27 Q. Yes.
28 A. I don’t think so. 7681
1 Q. Okay.
2 A. It was maybe a birthday party of Mr.
3 Jackson’s kids or things like that.
4 Q. Okay. Did you make any efforts to get Janet
5 to come to Neverland to do the shoot?
6 A. If I remember correctly, I had a
7 conversation on the phone with her.
8 Q. Yes.
9 A. And I asked her whether she was going to do
10 it or not so that I know what my schedule would be
11 for that day.
Auchincloss asked Moslehi about what Janet purportedly told him about being unhappy with shooting the video; Mesereau’s objection was sustained, so Auchincloss had to rephrase the question. Moselehi stated that Janet wasn’t happy because of the media coverage that had turned her life upside down, and she didn’t want to expose herself to more hassle. Moslehi talked with Janet for 20 minutes over the phone to convince her to do the shoot.
12 Q. Okay. Did she want to do this video shoot?
13 MR. MESEREAU: Objection. Foundation; calls
14 for speculation.
15 MR. AUCHINCLOSS: It’s offered —
16 THE COURT: Foundation; sustained.
17 MR. AUCHINCLOSS: Okay.
18 Q. Did she describe to you whether or not she
19 was willing to do the rebuttal video shoot?
20 A. I believe at the beginning she was not happy
21 to do this rebuttal video.
22 Q. Okay. Did she tell you why she didn’t —
23 was not happy about it?
24 A. Um —
25 MR. MESEREAU: Objection; hearsay.
26 MR. AUCHINCLOSS: Offered for state of mind.
27 THE COURT: Well, the question is, did she
28 tell you why she was not happy? But without telling 7682
1 us any more, did she? Did she tell you that,
2 whether or not she was happy?
3 THE WITNESS: She told me that she’s not
5 THE COURT: Okay. So the Court will allow
6 that for the limited purposes of her state of mind
7 at that time.
8 Q. BY MR. AUCHINCLOSS: So my follow-up
9 question, did she tell you — and this is “yes” or
10 “no.” Did she tell you what she was unhappy about,
11 why she was unhappy about doing the rebuttal filming
12 or video?
13 A. I believe yes, she did.
14 Q. What did she tell you?
15 MR. MESEREAU: Objection; hearsay.
16 MR. AUCHINCLOSS: Offered for state of mind.
17 THE COURT: I’ll admit this, her statement,
18 for the limited purpose of her state of mind, not
19 the truth of the matter asserted in the statement.
20 You may answer.
21 Q. BY MR. AUCHINCLOSS: All right. Go ahead
22 and answer that question.
23 A. Did she tell me why she didn’t want to do
25 Q. Yes.
26 A. She said since — if I remember correctly,
27 she said since the rebuttal documentary of Martin
28 Bashir has aired, her life turned upside down 7683
1 because of the, you know, media and press following
2 her, and that kind of stuff. And if I remember
3 correctly, she said, “The last thing I want to do is
4 do another video, you know, and expose myself to
5 more hassle.”
6 Q. Did she want her children to be in another
8 A. I’m not sure.
9 Q. Was that any part of her concern?
10 A. Yeah, yeah.
11 MR. MESEREAU: Objection; asked and
13 THE COURT: Sustained.
14 Q. BY MR. AUCHINCLOSS: Did you make any
15 efforts to persuade her to make this video?
16 A. If I remember correctly, I told her that
17 we’re doing this rebuttal documentary and —
18 Q. That’s really a “yes” or “no” question.
19 A. I’m sorry, say that again, the question.
20 Q. Yeah. Did you make any efforts to persuade
21 her to do the rebuttal video, the rebuttal video
22 involving —
23 A. Yes.
24 Q. — this segment?
25 A. Yes.
26 Q. And what was your purpose in doing that?
27 A. So I can get the production done.
28 Q. Okay. How long did you talk to her on the 7684
2 A. I would say 20 minutes, approximately 20.
3 Q. And was that 20 minutes largely — did that
4 deal with anything other than persuading her to
5 agree to do the video? Did you talk about anything
7 A. She talked — me or her or both parties?
8 Q. No, you said you were having a conversation.
9 She’s reluctant; true? You’re persuading her. Was
10 there anything — any discussion, other than her
11 coming to do the video, during that 20-minute phone
13 A. Not that I remember.
14 Q. All right. When you finished the phone
15 conversation, had Janet Arvizo agreed to do
17 A. I believe she agreed to do this video
19 Q. Do you have a specific recollection whether
20 she agreed to it or not?
21 A. I believe she did.
22 Q. What did she say? Did she say — you tell
24 A. I believe she said that she’s going to do
25 it. I mean, after we hung up, my understanding was
26 that this is going to happen at one point.
27 Q. Where was it going to happen?
28 A. I didn’t know at the time. 7685
1 Q. So she said she’d do it, but she didn’t say
2 she would do it that day?
3 A. Well, there was not specific conversation
4 about how, when, where it’s going to happen. But I
5 think, if I remember correctly, the conversation end
6 up that it’s going to happen. My understanding, if
7 I remember correctly at the time, was that she’s
8 coming to Neverland to get it done.
9 Q. Okay. So at the end of the conversation,
10 you believe Janet’s agreed and she’s going to come
11 to Neverland to do the film?
12 A. As I remember, yes.
13 Q. About what time is it at this point?
14 A. I would say 9:00-ish, 10:00-ish, at night.
15 Q. At some point did you learn or decide — let
16 me strike that, start over.
17 At some point did you decide that the
18 filming was not going to take place that night at
20 A. I’m sorry, say that again. Me deciding,
21 or —
22 Q. Yes.
23 A. Well, I was informed it’s not going to
24 happen at Neverland.