April 27th, 2005 Trial Analysis: Hamid Moslehi, Terry Paulsen, Gabrel Dominguez, Anne Marie Sims, Joseph Shebroe, Jeanne Mulcahy, Debbie Rowe, Part 1 of 4
Mesereau’ cross examination of Hamid Moslehi continued today, and he continued on the subject of Moslehi’s $2,000 dollar loan to Janet Arvizo on February 19th, 2003, which he offered to her on his own volition because he felt sorry for her. The check was given to her after the rebuttal video was filmed, and one of the motivating factors for Moslehi was Janet’s comments about being “spit upon and abused”. Mesereau used this information to discredit Janet’s claims of being poor by asking Moslehi if Janet told him that she was living with and receiving financial support from Major Jay Jackson, and if she told him about her $152,000 dollar J.C. Penney settlement, among other facts.
As you would imagine, Janet never revealed to Moslehi the true state of her finances!
18 CROSS-EXAMINATION (Continued)
19 BY MR. MESEREAU:
20 Q. Good morning.
21 A. Good morning.
22 Q. Mr. Moslehi, yesterday you mentioned that
23 you had decided to give Janet Arvizo a $2,000 loan
24 on approximately February 19th, 2003, right?
25 A. That’s correct.
26 Q. And you said you did that based upon a phone
27 conversation with Ms. Arvizo that lasted about 25
28 minutes, right? 7752
1 A. That’s correct.
2 Q. You didn’t give her the actual check till
3 the next day after you had filmed the Arvizo family
4 in what is often referred to as the rebuttal
5 portion, right?
6 A. Towards the end of it, after the interview,
8 Q. Yes. Now, obviously, if you were filming
9 the Arvizo family in that tape, you heard what Janet
10 was saying, correct?
11 A. Oftentimes I wasn’t paying fully attention
12 to what she was saying because I was mostly
13 concerned about, you know, lighting, camera, that
14 kind of stuff. But, yeah, I heard some.
15 Q. But you heard a number of the things that
16 Janet Arvizo said in that footage, correct?
17 A. Some, yes.
18 Q. And did you hear her saying words to the
19 effect that her family had been spat upon and abused
20 and not treated properly by various people?
21 A. I believe so.
22 Q. And would it be accurate to say that your
23 phone conversation with her the previous day plus
24 what you heard her say in that tape-recording
25 influenced you to give her $2,000?
26 A. In some effect, yes.
27 Q. Okay. Now, in your phone conversation with
28 Ms. Arvizo on February 19th, 2003, did she ever tell 7753
1 you that she was living with and being supported by
2 a Major Jay Jackson?
3 MR. AUCHINCLOSS: I’ll object as assumes
4 facts not in evidence. Compound, as well.
5 MR. MESEREAU: I’ll rephrase it if the Court
6 would like.
7 THE COURT: All right.
8 Q. BY MR. MESEREAU: When Ms. Arvizo on the
9 19th of February 2003 in your approximately
10 25-minute phone conversation discussed her financial
11 situation, did she ever tell you she was living with
12 Major Jay Jackson?
13 A. I don’t remember her making a comment as far
14 as where she lives and who she lives with.
15 Q. In that conversation, did she ever tell you
16 that she was being supported by a Major Jay Jackson?
17 MR. AUCHINCLOSS: I’ll object as assuming
18 facts not in evidence.
19 MR. MESEREAU: Strictly a question.
20 THE COURT: The objection is overruled.
21 You may answer.
22 THE WITNESS: Um, did she mention whether she
23 lives or being supported by Jay Jackson?
24 Q. BY MR. MESEREAU: My first question was, did
25 Janet Arvizo in your phone conversation on February
26 19th, 2003, ever mention to you that she was living
27 with a Major Jay Jackson, and I believe you said,
28 “No.” 7754
1 A. I believe — I don’t remember having that
3 Q. My next question is, in that same phone
4 conversation did Janet Arvizo ever mention that she
5 was receiving any financial support from a Major Jay
7 A. I don’t remember having that conversation.
8 Q. In that phone conversation, did Ms. Arvizo
9 ever mention that her family had obtained an
10 approximately $152,000 settlement from J.C. Penney?
11 A. No.
12 Q. In that phone conversation, did Miss Arvizo
13 ever mention that her family had received any money
14 from fund-raisers at The Laugh Factory?
15 A. No.
16 MR. AUCHINCLOSS: I’ll object and move to
17 strike, as to the last question, as vague as to
19 THE COURT: Overruled.
20 Q. BY MR. MESEREAU: In that phone conversation
21 of February 19th, 2003, did Ms. Arvizo ever mention
22 that any celebrities had at any time given her
23 family money?
24 MR. AUCHINCLOSS: Objection; vague as to
26 THE COURT: Overruled.
27 THE WITNESS: Do I answer? No.
28 Q. BY MR. MESEREAU: And in your phone 7755
1 conversation on February 19th, 2003, did Ms. Arvizo
2 ever mention that she had set up a bank account for
3 the benefit of her son Gavin from which she withdrew
4 thousands of dollars?
5 MR. AUCHINCLOSS: Objection; assumes facts
6 not in evidence.
7 THE COURT: Sustained.
8 Q. BY MR. MESEREAU: In that phone conversation
9 on February 19th, 2003, did Ms. Arvizo ever mention
10 that she had set up a bank account for the benefit
11 of her son Gavin?
12 A. No.
13 Q. And in that same phone conversation, did she
14 ever mention that her family had ever obtained any
15 vehicle from Michael Jackson?
16 A. No.
17 Q. Did she ever say in that phone conversation
18 any benefits, financial or otherwise, that she or
19 her family had received from Michael Jackson?
20 A. No.
21 Q. Did she ever say anything about someone
22 named Louise Palanker giving the family $20,000?
23 A. No.
24 Q. Did she ever say anything about Fritz
25 Coleman, a newscaster in Los Angeles, trying to
26 raise money for the family?
27 A. No.
28 Q. Did she ever say anything about Chris Tucker 7756
1 giving $2,000 to the family?
2 A. No.
3 Q. Did she ever say anything about Chris Tucker
4 giving the family the use of a vehicle at any time?
5 A. No.
Next, Moslehi was questioned about the process of picking up Davellin, Gavin, and Star from Neverland, so that they could be taken to his home to shoot the rebuttal video.
6 Q. Now, you indicated that when you went to
7 Neverland to pick up the family — excuse me.
8 Pardon me. Let me rephrase that. Poor question.
9 You indicated that you drove to Neverland
10 for the purpose of filming the family at Neverland,
12 A. That’s correct.
13 Q. And you indicated that when you got there,
14 to your knowledge, the children were there but Janet
15 Arvizo was not, correct?
16 A. That’s correct.
17 Q. And I believe you said you spoke to Joe
18 Marcus about your desire to take the children to Los
19 Angeles to do the filming, correct?
20 A. After Janet not being there, there was a
21 decision made that the interview will take place in
23 Q. Okay.
24 A. And I informed Joe Marcus about that
26 Q. And to your knowledge, who was Joe Marcus?
27 A. Joe Marcus is Neverland Valley property
28 manager. 7757
1 Q. And had you met him before?
2 A. Yes.
3 Q. And was it your understanding he had worked
4 at Neverland for a long period of time?
5 A. That’s correct.
6 Q. And your understanding from Mr. Marcus was
7 that he didn’t have the authorization to let the
8 children get in your car and drive off to Los
9 Angeles, correct?
10 A. What I remember is that I told him about the
11 plan of taking the kids to Los Angeles for an
12 interview, and if I remember correctly, he said that
13 they’re not allowed to leave the property.
14 Q. And at some point, he came back to you and
15 said he had the authority to let you drive the kids
16 to L.A., correct?
17 A. If I remember correctly, it just happened
18 that I took the kids and I don’t remember having any
19 more conversation. But he was aware of me taking
20 the kids with me.
21 Q. Okay. So did you assume at the time that
22 Mr. Marcus knew the children were on the property,
23 without the mother, and that Mr. Marcus needed some
24 type of authorization to just let them go off with
26 MR. AUCHINCLOSS: Objection; requires
28 THE COURT: Sustained. 7758
1 Q. BY MR. MESEREAU: How much time elapsed
2 between Mr. Marcus telling you that he didn’t have
3 authority to let the kids go and your actually
4 taking the kids with you?
5 A. Approximately 30 minutes.
6 Q. Okay. And did you assume that within that
7 30-minute period Mr. Marcus telephoned someone to
8 find out if he could let these children leave the
10 A. I assume that’s what he did, yes.
11 Q. Okay. And you then, approximately 30
12 minutes later, put the three children in your car
13 and drove them to Los Angeles, right?
14 A. That’s correct.
15 Q. Had you ever had those three children in
16 your car before?
17 A. No.
18 Q. Now, when you went to Mr. Marcus and told
19 him you wanted to take the three children to Los
20 Angeles, did he ask you if you had the authority to
21 do so?
22 A. I don’t remember.
23 Q. Did you tell him you had the mother’s
24 permission to put her three children in your car and
25 drive them to Los Angeles?
26 A. I don’t remember.
27 Q. Okay. But I assume at some point you
28 thought you had the mother’s permission to do that, 7759
2 A. That’s correct.
3 Q. Okay. And at some point in time, you
4 learned that Janet Arvizo did not want to return to
5 Neverland for the filming, right?
6 A. That’s correct.
7 Q. You learned that Janet Arvizo wanted the
8 filming to take place somewhere in Los Angeles
9 County, correct?
10 MR. AUCHINCLOSS: Objection; assumes facts.
11 THE COURT: I’ll sustain the objection as
13 MR. MESEREAU: Okay.
14 Q. At some point before you put the three
15 children into your automobile and drove them to your
16 home, was it your understanding that the mother
17 approved your doing that?
18 A. Yes.
19 Q. And I gather you then drove the children
20 directly to your home; is that right?
21 A. That’s correct.
22 Q. When you got to your home, was Janet Arvizo
24 A. No.
25 Q. At some point after you arrived at your home
26 with the three children, did Janet Arvizo arrive?
27 A. That’s correct.
28 Q. Okay. And as you testified, the filming 7760
1 then took place at your home, right?
2 A. That’s correct.
3 Q. Now, you indicated that an investigator
4 named Brad Miller was there, right?
5 A. That’s correct.
6 Q. And did you learn that he was working for
7 Attorney Mark Geragos?
8 A. I did not know who he was working for.
9 Q. Okay. Did you assume he was investigating
11 A. I didn’t know why he’s there.
12 Q. Okay. Did he ever explain to you why he was
14 A. No.
15 Q. Okay. But he must have identified himself
16 as a private investigator, right?
17 A. No. What happened is I asked one of the
18 gentlemen of Marc Schaffel’s people who this guy is,
19 and they said he’s a private investigator.
20 Q. Okay. But you never really knew if he was
21 investigating the Arvizos, or Schaffel, or you, or
22 anybody, right?
23 A. I didn’t know.
Mesereau segued into the topic of Brad Miller, who was present at the shooting of the rebuttal video, although Moslehi did not know at that time that he was working for Jackson’s then attorney Mark Geragos, nor did Moslehi know that he himself was subsequently surveilled by Miller. Mesereau questioned Moslehi about Miller’s surveillance footage of him that the prosecution seized during their raid on his office.
23 A. I didn’t know.
24 Q. Okay. Now, you’ve been interviewed by
25 representatives of the District Attorney’s Office,
27 A. That’s correct.
28 Q. And have they ever discussed with you who 7761
1 Mr. Miller is in those interviews?
2 A. On November 18, 2003, I was served with a
3 search warrant. On that search warrant, it says
4 that any document that could show any relationship
5 between me and Brad Miller.
6 Q. Okay.
7 A. And there were some other questions about
9 Q. And other than him being at your house that
10 night, you really had no relationship with him,
12 A. No.
13 Q. And if he was putting anyone under
14 surveillance, you weren’t aware of it, right?
15 A. No.
16 Q. Okay. And at some time you learned that he
17 had actually done a few minutes of surveillance on
18 you, right?
19 A. Recently I learned that.
20 Q. You learned that from the prosecution,
22 A. That’s correct.
23 Q. Okay. Now, obviously yesterday, the
24 prosecutor played that little bit of footage, and
25 you identified yourself and your automobile, right?
26 A. That’s correct.
27 Q. And where did that footage take place, if
28 you know? 7762
1 A. That’s what I was wondering yesterday. I
2 don’t —
3 Q. It was not at your home, right?
4 A. No.
5 Q. It was somewhere else?
6 A. That’s correct.
7 Q. It appeared that you were going to a parked
8 vehicle that you owned?
9 A. I believe so.
10 Q. But you’re not sure where that was?
11 A. No.
12 Q. Okay. Okay. Did you ever see Investigator
13 Brad Miller after that evening you filmed the Arvizo
15 A. Did I see him again?
16 Q. Yes.
17 A. No.
18 Q. So that was the first and only time you’ve
19 ever seen the guy?
20 A. That was the first and the last time I ever
21 saw him.
22 Q. Did he ever call you after that and ask you
23 anything, to your knowledge?
24 A. No.
25 Q. Okay. But you’re saying Marc Schaffel told
26 you he was a private investigator?
27 A. One of his guys.
28 Q. Okay. Not Schaffel himself? 7763
1 A. Not Schaffel himself.
2 Q. Okay. Okay. But whoever told you that
3 didn’t tell you that he was employed by Attorney
4 Geragos, correct?
5 A. No.
6 Q. All right. Did you learn that at some
7 point, that Mr. Miller was a private investigator
8 hired by Attorney Mark Geragos?
9 MR. AUCHINCLOSS: Objection; asked and
11 THE COURT: Overruled.
12 You may answer.
13 THE WITNESS: I heard on the T.V.
14 Q. BY MR. MESEREAU: Okay. Okay. All right.
In this excerpt, Moslehi explained that he withheld possession of the rebuttal tape from Jackson because the deadline to submit it for the documentary had already passed, and he wanted to make his own personal copies of it. He also spoke about the work that he put in to get the “Take Two” rebuttal finished, the money that he was promised by Konitzer and Weisner, and the legal action that he took to secure his payment.
15 Let me get back to the financial disagreement you
16 had regarding your filming the Arvizo family, okay?
17 A. I’m sorry, repeat that, please.
18 Q. The concerns you had about being properly
19 compensated for the work that you had done, okay?
20 A. Unpaid invoices?
21 Q. Yes. I want to ask you some questions about
23 At the time you filmed the Arvizo family for
24 purposes of the rebuttal documentary, did you know
25 when the documentary was supposed to air on
27 A. Yes.
28 Q. And what was your understanding about when 7764
1 that rebuttal documentary with Maury Povich was
2 supposed to air on television?
3 A. February 20th of 2003.
4 Q. That didn’t give you much time to get the
5 footage you filmed to the network that was going to
6 actually air the show, did it?
7 A. No. In fact, we missed the deadline.
8 Q. Yes. Originally, was the plan for you to
9 film the family, get immediately paid and get it to
10 the network? Was that the initial plan?
11 A. The initial plan was to finish this rebuttal
12 documentary by midnight of 19 — February 19 of
13 2003, to be aired for the 20th. And the day after
14 it’s aired I was supposed to get paid in full.
15 Q. Okay. And I believe you testified that you
16 withheld the footage because you hadn’t been
17 immediately paid, correct?
18 A. Well, I held the footage because of other
19 reasons. I had to make a copy of it. And also,
20 since we missed the deadline, there was no reason to
21 rush to deliver these tapes anyway.
22 Q. But by withholding the footage, it was clear
23 to you that it could never be on the televised
24 documentary, right?
25 A. Sorry, say that again?
26 Q. By withholding the footage the way you did
27 for the reasons you’ve expressed, it was obvious to
28 you that it could never appear on the documentary, 7765
2 A. Well, as I said, we missed the deadline
3 anyway, so there was no way that those footage could
4 have been used in the rebuttal documentary.
5 Q. But your understanding about why you were to
6 film the family was that there was a desire to
7 possibly use that footage in the T.V. documentary,
9 A. Well, originally we were supposed to shoot
10 this on 19, February 19, to be delivered by midnight
11 to the production company. Since we passed that
12 deadline, I knew that it’s not going to be used for
13 the rebuttal documentary.
14 Q. Now, yesterday, you testified that Dieter
15 and Konitzer had promised you a profit participation
16 in the televised documentary, correct?
17 A. A percentage of the revenue.
18 Q. Now, correct me if I’m wrong, I think
19 yesterday you used the firm — used the term, excuse
20 me, a percentage of gross profits; was that true?
21 A. Yeah, gross profit.
22 Q. Okay. Because there is documentation that
23 talks about your claim that you had a net profits
24 interest as opposed to a gross profits interest?
25 A. Well, maybe I’m not qualified to distinguish
26 the difference between the two, but there was an
27 agreement that once — once this documentary is
28 aired, there would be a percentage of the sales, 7766
1 amount of the gross sales, to me for my work.
2 Q. And was that percentage of gross sales
3 supposed to include gross sales all over the world?
4 A. That’s correct.
5 Q. And in your mind, that could be many
6 millions of dollars potentially, right?
7 A. At the time, I didn’t know what was the
9 Q. Okay. And you’re saying that Dieter and
10 Konitzer gave you an oral agreement to that effect,
12 A. That’s correct.
13 Q. There was nothing ever reduced to writing
14 about your having a percentage interest in profits
15 associated with that show, right?
16 A. They promised me that they will put this in
17 writing, but they never did.
18 Q. Okay. Now, in light of the fact that the
19 footage of the Arvizo family could not appear in
20 that documentary, did you still think you were
21 entitled to that percentage interest?
22 A. Sure.
23 Q. In light of the fact that the footage could
24 not appear in that documentary, did you still feel
25 you were entitled to your normal fees and costs?
26 A. Well, the Arvizo family footage was not the
27 only one, the only footage to be used in that
28 rebuttal documentary. There was some other footage 7767
1 created by me that was supposed to be used in there.
2 Q. And an example of that footage was your own
3 personal interview, right?
4 A. As far as profit goes?
5 Q. Yes.
6 A. Could you be more specific?
7 Q. Sure. Sure. Let’s talk about all the work
8 you did on the rebuttal show that was hosted by
9 Maury Povich, okay?
10 A. Okay.
11 Q. The work you did was a personal interview,
13 A. Personal interview of —
14 Q. You.
15 A. I did not do that myself.
16 Q. But you spoke yesterday about a personal
17 interview —
18 A. No, I did not shoot that interview. In
19 other words, I did not shoot myself to be
20 interviewed. Somebody else shot me.
21 Q. Yes. But certainly you did grant an
22 interview that somebody else shot for purposes of
23 that documentary, right?
24 A. That’s correct.
25 Q. And you also obviously did a shoot of the
26 Arvizo family for the purposes of that documentary,
28 A. Sure. 7768
1 Q. What else did you do for the purposes of
2 preparing that documentary?
3 A. As I remember correctly, I put 250 hours in
4 a matter of 11 days, 250 hours in a matter of 11
5 days, oftentimes 20 — 20 hours a day to finish this
6 rebuttal documentary.
7 Q. And that included footage of other family
8 members of the Jackson family, correct?
9 A. The Jacksons’ family members interview,
10 other footage that I provided, and edited for —
11 Q. Right.
12 A. — for the purpose of this documentary.
13 Q. All right. Now, other than the Arvizo
14 footage, did you provide the other footage you did
15 to the network?
16 A. Other footage of?
17 Q. Family members. Did you provide that in a
18 timely fashion so it could be used in the
20 A. When you say “family members,” are you
21 talking about Mr. Jackson’s family members?
22 Q. Yes.
23 A. Okay.
24 Q. So that was given in time to be included in
25 the documentary, correct?
26 A. That’s correct.
27 Q. The only footage you did that was not
28 provided in time to include in the documentary was 7769
1 the footage of the Arvizo family, right?
2 A. The only footage that was not provided?
3 Q. Well, let me — I’m probably confusing you.
4 Don’t intend to.
5 The Arvizo family footage never got there in
6 time, right?
7 A. That’s correct.
8 Q. The other footage you did did get there in
9 time, right?
10 A. That’s correct.
11 Q. Okay. If you knew that the footage of the
12 Arvizo family was not going to get there in time,
13 why did you continue to do it?
14 A. Well, since we set up all the equipment and
15 everything, might as well shoot it.
16 Q. Okay. And your position after you shot it
17 was, “I want to make a copy of it, and I’m not
18 handing it over to anybody till I’m properly
19 compensated,” right?
20 A. No, first my thought was I’m making a copy
21 of it, just for insurance. In case something
22 happens to the tapes, there’s a copy of it.
23 But the morning after when Ronald and Dieter
24 and other of Mr. Jackson’s agents refused to talk to
25 me about this unpaid invoices issue, I decided that
26 I’m not going to do anything until I get paid.
27 Q. Uh-huh. Okay. Your position was you
28 weren’t going to do anything until you got paid your 7770
1 normal fees and costs that were owed, plus you had a
2 documented percentage interest in profits coming
3 from the show, right?
4 A. All the unpaid invoices and the percentage
5 that they promised me.
6 Q. Yes. Okay.
7 Now, your lawyers at Greenberg Traurig, the
8 law firm you retained, wrote a letter to David
9 LeGrand on March 5th, 2003, that I showed you
10 yesterday, okay?
11 A. I don’t think you showed me a letter of my
13 Q. Oh, may I — would it refresh your
14 recollection if I just show it to you?
15 A. Sure.
16 MR. MESEREAU: May I approach, Your Honor?
17 THE COURT: No, you haven’t asked him a
18 question that requires any refreshing of memory.
19 Q. BY MR. MESEREAU: Okay. Do you recall a
20 letter from your lawyers that was written to David
21 LeGrand on March 5th, 2003?
22 A. There was a lot of letters wrote. I don’t
23 recall which one you are referring to.
24 Q. Do you recall one written on March 5th,
26 A. I don’t remember a specific date.
27 Q. Would it refresh your recollection if I just
28 show you a copy of that letter? 7771
1 A. Sure.
2 MR. MESEREAU: May I approach?
3 THE COURT: No. You haven’t asked him a
4 question that requires refreshing of memory.
5 MR. MESEREAU: I thought — he doesn’t know
6 the date, Your Honor. I was just going to refresh
7 him on that. All right.
8 Q. How long after you completed the footage of
9 the Arvizo family did you retain a law firm to
10 represent you?
11 A. Could you repeat that again?
12 Q. Yes. You filmed the Arvizo family on the
13 20th, right?
14 A. Yes.
15 Q. You withheld the footage – okay? – for
16 various reasons that you’ve identified?
17 A. Sure.
18 Q. And you went to a law firm to represent you
19 shortly after that, correct?
20 A. What do you mean “shortly after”?
21 Q. Well, within a couple of weeks, true?
22 A. Approximately.
23 Q. The law firm was a firm by the name of
24 Greenberg Traurig, correct?
25 A. That’s correct.
26 Q. And Greenberg Traurig wrote a letter to
27 Attorney David LeGrand, who you have spoken about
28 before. They wrote him a letter on March 5th, 2003, 7772
1 identifying your position on compensation, right?
2 A. I believe so.
3 Q. Okay. Do you know for sure?
4 A. Well, again, I don’t have my records here,
5 so I don’t know what — what letter you’re referring
7 Q. Okay. Would it refresh your recollection if
8 I show that to you?
9 A. Sure.
10 MR. MESEREAU: The letter of March 5th, is
11 that permitted, Your Honor?
12 THE COURT: Yes.
13 MR. AUCHINCLOSS: So what number?
14 THE WITNESS: Okay.
15 Q. BY MR. MESEREAU: Have you had a chance to
16 look at that document?
17 A. Well, my lawyer was in touch with Mr.
18 LeGrand, so most of the communications were between
19 my lawyer and Mr. LeGrand.
20 Q. But you’ve looked at that document I showed
21 you, right?
22 A. Right now I looked at it.
23 Q. And you see a date of March 5th, 2003?
24 A. It says March 5th.
25 Q. Okay. Do you know approximately when you
26 hired a lawyer to represent you on this particular
28 A. I don’t remember. 7773
1 Q. Okay. It was shortly after you filmed the
2 Arvizo family, correct?
3 A. When you say “shortly,” what do you mean?
4 Q. Within a couple weeks? Within two weeks?
5 A. Approximately.
6 Q. And had you made any verbal requests to
7 Dieter and Konitzer to fulfill what you say their
8 promises were before you went to a lawyer?
9 A. I’m sorry, say that again?
10 Q. Had you spoken to Dieter and Konitzer
11 between the filming of the Arvizo family and the
12 time you retained the law firm of Greenberg Traurig?
13 A. Yes, I spoke with them.
14 Q. Did you try to get things resolved with
16 A. Yes, I did.
17 Q. And I gather you could not do that?
18 A. Negative.
19 Q. Okay. Now, you were asking to be
20 compensated for projects you had done since 1999,
22 A. There were unpaid invoices —
23 Q. Yes.
24 A. — from .99, 2001, and I believe 2002 and
26 Q. Right. One of them had to do with your
27 filming the Air Force visiting Neverland, correct?
28 A. I don’t have my records, but it could be. 7774
1 Q. Would it refresh your recollection if I just
2 show you your outstanding — a record of your
3 outstanding invoice?
4 A. Is that one of the outstanding?
5 Q. Yes.
6 A. It is, for sure? Okay. I mean, I don’t
7 have my records. I do have records that shows what
8 has been paid, what has not been paid.
9 Q. Okay.
10 A. But right now I don’t have nothing in front
11 of me to be able to tell you whether that specific
12 invoice has been paid or not.
13 Q. Would it refresh your recollection if I just
14 show you a record of your invoices?
15 A. Please.
16 MR. MESEREAU: May I approach?
17 THE COURT: Yes.
18 MR. AUCHINCLOSS: What number, Counsel?
19 THE WITNESS: Are you referring to this one?
21 Q. BY MR. MESEREAU: Have you had a chance to
22 look at that document?
23 A. Yes.
24 Q. Does it refresh your recollection about your
25 outstanding invoices at that time?
26 A. What you showed me, it’s a summary of all
27 the unpaid invoices at the time.
28 Q. Okay. And some of the work you had done you 7775
1 had provided and some of it you had withheld pending
2 payment, true?
3 A. I don’t remember.
4 Q. Well, the — you had done an interview with
5 Michael Jackson, correct?
6 A. I did an interview with Michael Jackson?
7 Q. Well, you, in your invoices, refer to the
8 Bashir interview with Michael Jackson in Florida,
10 A. Okay.
11 Q. You had filmed that interview yourself,
13 A. That’s correct.
14 Q. And you were withholding that footage until
15 you were paid, correct?
16 A. No.
17 Q. Well, the schedule your lawyer provided
18 indicated that, didn’t it?
19 A. Well, this footage that you’re talking
20 about, it’s been aired already. So that means I
21 have provided that.
22 Q. Okay. Do you recall your lawyer saying you
23 were going to withhold that footage until you were
24 paid on March 5th, 2003?
25 A. Do I recall if my lawyer were saying that
26 I’m going to withhold —
27 Q. Yes.
28 A. — the footage until I get paid? 7776
1 Q. Yes.
2 A. That footage was not withheld.
3 Q. Okay.
4 A. Because it was aired already on February
5 20th —
6 Q. So that —
7 A. — by FOX.
8 Q. So you weren’t withholding anything in that
10 A. Well, that footage, no.
11 Q. The only footage you say you’re withholding
12 is the footage of the Arvizo family?
13 A. Again, I don’t have my records, but if you
14 tell me, I’ll take your word.
15 Q. Do you recall filming in London, in New
16 York, some footage dealing with Sony?
17 A. I do remember that.
18 Q. And were you withholding that footage until
19 you were paid?
20 A. Again, I don’t have my records to tell you
21 whether I have turned over those footage or not.
22 Q. I’m talking about March 5th, 2003. Do you
23 recall whether your position was you were going to
24 withhold footage dealing with Sony in New York and
25 London until you were paid?
26 A. I don’t understand your question.
27 Q. Okay. Let me rephrase it.
28 As of March 5th, 2003 – 7777
1 A. Okay.
2 Q. — the Arvizo footage that you have
3 described was not the only footage you were refusing
4 to deliver until you were properly paid, right?
5 A. Well, I mean, I — can you refresh my memory
6 by making an example of it?
7 Q. Would it refresh your recollection to look
8 at this summary of invoices your lawyer sent?
9 A. Sure.
10 MR. MESEREAU: May I approach?
11 THE COURT: Yes.
12 THE WITNESS: When it says, “No,” not
13 necessarily means nothing has been turned over.
14 Maybe not like the original copy, but there has been
15 copies that has been delivered already.
16 In fact, if you look at that summary, you’ll
17 see under the Martin Bashir footage, it says, “No,”
18 but it was provided, a copy of that footage anyway.
19 Q. BY MR. MESEREAU: Okay.
20 A. Because it was aired on February 20th.
21 Q. Okay. Do you recall any money ever being
22 wired to you in partial payment of what you felt you
23 were owed for the work you did?
24 A. There was one payment made after — I
25 believe a month after what they promised me.
26 Q. Do you know how much that was?
27 A. 200,000.
28 Q. Okay. Who wired you the 200,000; if you 7778
2 A. I believe it was from David LeGrand’s
4 Q. Okay. And do you recall how much you felt
5 you were still owed after you received the 200,000?
6 A. I believe my invoices were over $300,000.
7 Q. Okay.
8 A. For a period of a year and a half, which
9 200,000 was paid.
10 Q. Okay. And you, to this day, never turned
11 over the Arvizo footage to anyone, correct?
12 A. Correct.
13 Q. The Arvizo footage was seized by sheriffs
14 representatives when they did a search of your home,
16 A. That’s correct.
17 Q. Now, when did you last talk to Janet Arvizo?
18 A. February 20th of 2003.
19 Q. Okay. So that was the last day you saw her
20 or spoke to her, right?
21 A. As I remember, that’s correct.
22 Q. Okay. Have you ever spoken to any of her
23 three children since that day?
24 A. No.
Next, Moslehi was questioned about the orders he received from Konitzer and Weisner to not call Jackson or his assistant Evvy, because they were going to begin managing Jackson:
25 Q. Okay. Now, the prosecutor asked you
26 questions about Dieter and Konitzer claiming they
27 managed Mr. Jackson’s affairs, right?
28 A. I was informed by Mr. Ronald and Dieter, 7779
1 Konitzer and Weizner, that sometime in probably
2 approximately December of 2002, they going to take
3 over the management of Mr. Jackson.
4 Q. And you were instructed by Konitzer not to
5 call Michael Jackson, right?
6 A. At one point, yes.
7 Q. He asked you to only call him and not call
8 Michael Jackson or Evvy, correct?
9 A. That’s correct.
10 MR. AUCHINCLOSS: Objection; hearsay.
11 MR. MESEREAU: Your Honor, it’s in response
12 to the doors opened by the prosecution on that
14 THE COURT: The objection’s overruled.
15 Q. BY MR. MESEREAU: Approximately when did
16 Konitzer tell you, “Don’t speak to Michael Jackson
17 or Evvy”?
18 A. I believe was like approximately February
20 Q. Okay.
21 A. Late February, I mean of 2003.
22 Q. And did he do that in person or on the
24 A. I believe there was an e-mail and a phone.
25 Q. Okay. And he told you that he was going to
26 clean up the mismanagement in Mr. Jackson’s business
27 affairs, right?
28 A. That’s correct. 7780
1 Q. He told you he was in charge of all
2 restructuring, right?
3 A. They told me that they going to take over,
4 and, you know, make things smoother.
5 Q. Right.
6 A. Operation.
7 Q. And did you honor his request that you not
8 contact Mr. Jackson?
9 A. Um, I don’t remember.
10 Q. Okay. Do you remember whether or not you
11 ever telephoned Mr. Jackson after Mr. Konitzer told
12 you, “Don’t call him; just talk to me”?
13 A. I believe I spoke to Mr. Jackson.
14 Q. Okay. And do you know when that was?
15 A. I believe it was February 21st of 2003.
16 Q. Okay.
17 A. I believe.
18 Q. And you think that was after Konitzer told
19 you, “Don’t ever call Mr. Jackson; just contact
21 A. Could have been.
22 Q. Did you talk to Mr. Konitzer after he made
23 that request?
24 A. Yes, I believe I did.
25 Q. Okay. Did you ever see him in person after
26 he made that request to you?
27 A. I believe I did.
28 Q. Okay. Do you know where that was? 7781
1 A. In Santa Monica in a hotel.
2 Q. Okay. Now, at some point did you learn that
3 Weizner and Konitzer had been fired?
4 MR. AUCHINCLOSS: Objection. Assumes facts;
5 hearsay; foundation.
6 THE COURT: Sustained on assumes facts.
7 Q. BY MR. MESEREAU: Did you ever learn whether
8 or not Ron Konitzer continued to be involved in Mr.
9 Jackson’s affairs?
10 A. After —
11 Q. The 20th.
12 A. Yeah. That was my belief, that he still
14 Q. And did you ever learn from him at any point
15 that he was no longer involved with Mr. Jackson’s
17 A. Not from him.
18 Q. Did you learn from someone else?
19 MR. AUCHINCLOSS: Objection; hearsay.
20 THE COURT: Sustained.
21 MR. MESEREAU: Okay.
Prior to the shooting of Bashir’s documentary, Moslehi met Bashir and told him that he wanted to obtain copies of his footage, and Bashir initially obliged verbally, but as we all know he reneged on that promise!
22 Q. Do you recall a lawsuit in England that was
23 filed by attorneys representing Mr. Jackson over the
24 Bashir documentary?
25 A. I have heard about it, but I’ve never seen
26 the lawsuit itself.
27 Q. Was it true that after Bashir did his
28 footage, you asked him to provide you copies of his 7782
2 A. Repeat that question one more time?
3 Q. Yes, I’m sorry if it’s unclear.
4 Did you ever ask Bashir or any agent of
5 Bashir to provide you copies of Bashir’s footage?
6 A. Yes, I did.
7 Q. And when did you do that?
8 A. The very first day I met him.
9 Q. Okay. Now, it was understood that you were
10 going to do your own footage at the same time,
12 A. That’s — well, the first day.
13 Q. But you were also asking Bashir to give you
14 some of his footage, right?
15 A. All his footage.
16 Q. All right. And did he respond to you?
17 A. He said — he promised he will.
18 Q. Did he ever do that?
19 A. No.
20 Q. Did you ask him verbally or in writing; do
21 you know?
22 A. Verbally.
23 Q. And that was face to face?
24 A. That was face to face.
25 Q. All right. And was that at Neverland?
26 A. That’s correct.
27 Q. Okay. And was that before any of the
28 filming began? 7783
1 A. That’s correct.
2 Q. Now, he never objected to you doing your
3 filming, correct?
4 A. He wasn’t happy, but he had no choice.
5 Q. Okay. How much of Bashir’s footage —
6 excuse me, let me rephrase that.
7 How much of the material that Bashir filmed
8 did you film as well? Did you film everything that
9 he filmed?
10 A. No.
11 Q. Okay. What did you actually film yourself?
12 A. Two interviews and one sightseeing at
14 Q. To your knowledge, what did Bashir film that
15 you didn’t film yourself?
16 A. Well, since I was not present at all the
17 sessions that Mr. Bashir did, I really don’t know
18 how much he shot.
19 Q. Okay. But other than your request that he
20 give you some of his footage, you didn’t participate
21 in any litigation involving Bashir, right?
22 A. Legal litigation?
23 Q. Yes.
24 A. No.
25 Q. Okay. And you knew litigation was going on
26 in England, did you not?
27 A. I have heard from Mr. Jackson’s personal
28 assistant that there’s going to be a lawsuit against 7784
1 Martin Bashir and Granada T.V. in regard to this
Here is Moslehi’s recollection of the shooting of the rebuttal video with the Arvizos; he testified that there was a questionnaire that Christian Robinson used to ask questions to Janet, and there was no “script”, as she and the prosecution asserted during her testimony, nor did they attempt to memorize any answers.
3 Q. Okay. During the filming of the Arvizo
4 family at your home, you said you were sort of in
5 and out of the room where the filming was being
7 A. While I was setting up, yeah, I was going
8 from garage to the place where the interview was
9 supposed to take place.
10 Q. But while the interview was actually
11 conducted, were you present at all times?
12 A. During the filming, yes.
13 Q. Okay. And approximately how long did that
14 filming last, if you know?
15 A. Approximately an hour.
16 Q. How long were the children at your house
17 before the filming actually began, approximately?
18 A. Two to three hours.
19 Q. And how long was Janet Arvizo at your house
20 before the filming actually began?
21 A. Approximately one hour.
22 Q. Who did the questioning during the
24 A. Christian Robinson.
25 Q. Had you worked with him before?
26 A. Yes.
27 Q. Okay. How many times had you worked with
28 Christian Robinson before? 7785
1 A. On one project.
2 Q. All right. And was it your understanding
3 that he had a list of questions he was going to ask
4 during the interview?
5 A. I saw him having a list of questionnaire,
7 Q. And was it your understanding that he was
8 asking questions from the questionnaire?
9 A. I believe so.
10 Q. Okay. And you observed the Arvizo family
11 responding to those questions, true?
12 A. That’s correct.
13 Q. Before the filming began, did you see Mr.
14 Robinson meet with any member of the Arvizo family?
15 A. I’m sure he did. But I did not observe
17 Q. Did you see him going over the questions
18 with any member of the Arvizo family?
19 A. Could have been.
20 Q. You’re not sure?
21 A. I’m not sure.
22 Q. Okay. Typically when you film an interview
23 like this, the person doing the interview has a list
24 of questions, correct?
25 A. Most of the time.
26 Q. And you’ve filmed numerous interviews like
27 this in your career, right?
28 A. That’s correct. 7786
1 Q. Okay. During the two to three hours that
2 the Arvizo children were at your home before the
3 interview, you never watched them memorizing
4 anything, did you?
5 MR. AUCHINCLOSS: Objection; requires
7 THE COURT: Overruled.
8 You may answer.
9 THE WITNESS: Repeat that again.
10 Q. BY MR. MESEREAU: Yes. During the two to
11 three hours that the Arvizo children were at your
12 home prior to the start of the interview, you never
13 saw them memorizing words, did you?
14 A. No.
15 Q. In fact, what you saw them doing was mostly
16 playing and having fun, right?
17 A. As I remember.
18 Q. Before Janet Arvizo started the interview,
19 you didn’t watch her memorizing words, did you?
20 A. No, I didn’t.
21 Q. You said that Janet was there for about an
22 hour, right —
23 A. Approximately.
24 Q. — before the taping began, okay?
25 And I think you said that she was in a
26 discussion about some type of contract, right?
27 A. I believe there was a release that she had
28 to sign. 7787
1 Q. Okay. And was she talking to someone about
2 that release?
3 A. Yeah.
4 Q. Who was she talking to, if you know?
5 A. I think she was talking to a few people.
6 Vinnie, Christian Robinson, and possibly Paul.
7 There’s a gentleman by the name of Paul, I believe
8 it’s Hugo or something like that. I don’t know his
9 last name, but —
10 Q. And did you see a document that you thought
11 was a contract or a release?
12 A. I saw a document, but I never looked at it.
13 Q. Okay. And did it appear that Janet and
14 these other individuals were discussing the
16 A. Yes. They were discussing the document.
17 Q. Did you actually hear Janet and these
18 individuals discussing this document?
19 A. Did I hear or see?
20 Q. Yes. Well — excuse me, let me rephrase.
21 Did you hear what you believed was a
22 discussion between Janet and these individuals about
23 that document?
24 A. Yeah.
25 Q. Okay. Did you see Janet and these
26 individuals discussing that document?
27 A. I believe I saw some.
28 Q. Okay. Did you ever see Janet on the phone 7788
1 during that period of time?
2 A. Could have been. I’m not sure.
3 Q. Okay. At some point, did you watch Janet
4 sign that document?
5 A. I don’t remember seeing her signing it. But
6 it was towards the end of the interview, and I — my
7 understanding was that she signed it.
8 Q. Okay. And correct me if I’m wrong, but did
9 you say something yesterday about there being
10 changes made to the document?
11 A. I believe there was some changes being made
12 to the document.
13 Q. And what made you believe that?
14 A. Because Vinnie asked me to use my fax
15 machine so he can fax some documents back and forth
16 I believe with Schaffel.
17 Q. Okay. And why did you think Janet at some
18 point signed the document?
19 A. Because there was no other discussion about
21 Q. Okay. Did you see — but you never saw
22 anybody actually sign it, true?
23 A. I didn’t see her sign it.
24 Q. Okay. Now, did you say at some point
25 Schaffel told you he didn’t want the Arvizos to know
26 where he lived?
27 A. That’s correct.
28 Q. Did he tell you he was suspicious of the 7789
2 MR. AUCHINCLOSS: Objection; hearsay.
3 THE COURT: Sustained.
Moslehi’s knowledge of Brad Miller was questioned in this next excerpt; Mesereau wanted to dispel the prosecution’s assertion that Miller (among many others) attended the shooting of the rebuttal video to intimidate the Arvizos into going along with the script and praise Jackson against their will. Miller stood behind the scenes and observed everything, but did not actively participate in the filming. Moslehi was told that Miller was a private investigator, and just assumed that he was with Marc Schaffel, but didn’t know that he worked for Mark Geragos.
4 Q. BY MR. MESEREAU: Did Schaffel ever discuss
5 with you why Investigator Brad Miller was there?
6 A. Schaffel himself?
7 Q. Yes.
8 A. No.
9 Q. Did anyone else there ever tell you that the
10 investigator was investigating the Arvizo family?
11 A. No.
12 Q. What did you see Brad Miller doing while the
13 taping went on?
14 A. Well, during the taping I was paying
15 attention to, you know, my work. But before that,
16 he was walking around my house.
17 Q. Okay. Did he appear to be taking notes at
18 all, to your knowledge?
19 A. During the filming?
20 Q. Let me start again.
21 At some point Miller arrived at your house,
23 A. Correct.
24 Q. And did he knock on the door?
25 A. Yes, he did.
26 Q. And did you answer the door?
27 A. Yes, I did.
28 Q. And did he identify who he was at that 7790
2 A. I said, “Who are you?” And he said, “I’m
3 for the interview.”
4 Q. Okay. Did he say he was a private
6 A. No, he did not.
7 Q. Did he give you his card?
8 A. No, he did not.
9 Q. Okay. And why did you let him in?
10 A. Um, because I — why did I let him in? Um,
11 I thought he was with Marc Schaffel’s people, and
12 since they were there already, I thought they were
13 expecting him. Maybe it’s delivering something
14 or — I don’t know. But being kind and polite, I
15 let him in.
16 Q. Yes. Okay. So he was there the whole time,
17 as far as you know?
18 A. Yes.
19 Q. Do you know when he left?
20 A. At the end of the interview.
21 Q. Okay. Do you know if he left with anybody?
22 A. I did not see him leaving with who — with
24 Q. Did you ever see him recording anything in
25 your house?
26 A. No, I did not see him recording anything.
27 Q. Did you ever see him writing anything down?
28 A. I did not. Could have been. I don’t know. 7791
1 Q. And did you ever see him photographing
2 anything while he was in your house, to your
4 A. Not to my knowledge.
Going back to Janet’s actions during the shooting, Moslehi testified that nobody coached her or her children on what to say, and Janet willingly signed a three page nondisclosure agreement from Schaffel.
5 Q. Okay. Now, when Janet — excuse me.
6 Before Janet Arvizo was filmed, she used
7 your rest room and began to apply her own makeup,
9 A. She used my —
10 Q. Rest room —
11 A. Yeah.
12 Q. — and applied her own makeup for the
13 filming, correct?
14 A. I believe so.
15 Q. And you never saw anybody coaching Janet on
16 what to say, correct?
17 A. No, I did not.
18 Q. You never saw anyone coaching the children
19 on what to say in the interview, right?
20 A. I did not see anything.
21 Q. I believe you testified yesterday that, in
22 your opinion, Janet Arvizo had a problem with a
23 draft contract, right?
24 MR. AUCHINCLOSS: Objection to the use of
25 the word “contract.”
26 MR. MESEREAU: Well, I’ll change the — I’ll
27 rephrase it.
28 Q. You recall Janet looking at a three-page 7792
1 nondisclosure contract, right?
2 A. I never —
3 MR. AUCHINCLOSS: I’ll make the same
5 THE COURT: Sustained.
6 Q. BY MR. MESEREAU: Did you ever tell a
7 representative of the Santa Barbara Sheriff’s
8 Department during an interview that Vinnie brought a
9 three-page nondisclosure contract for Janet to sign?
10 MR. AUCHINCLOSS: Calls for a legal opinion.
11 THE COURT: No, he’s asking if he told the
12 sheriff that, so the objection is overruled.
13 You may answer.
14 THE WITNESS: I don’t remember being so
15 specific about “three-page” or “nondisclosure
16 agreement.” If I had said anything about that,
17 about that document, it would have been a release.
18 I don’t remember saying that it was a three-page
19 confidentiality or some sort of title for the
21 Q. BY MR. MESEREAU: Would it refresh your
22 recollection to just show you a police report
23 summary of your interview?
24 A. Sure.
25 MR. MESEREAU: May I approach, Your Honor?
26 THE COURT: Yes.
27 THE WITNESS: Um, I don’t —
28 MR. MESEREAU: I have to first ask you a 7793
2 Q. Have you had a chance to review that
4 A. No, I never have, that document.
5 Q. Have you had a chance to review the document
6 that I just showed you?
7 A. No, I did not, I never obtained that
8 document that you just showed me.
9 Q. Okay. Did you just look at that document?
10 A. I looked at that document. I do not
11 remember saying three pages nonconfidentiality
13 Q. Okay. Okay. Now, Vinnie at some point
14 asked you to sign a document, did he not?
15 A. I believe so.
16 Q. And you refused to sign a document presented
17 to you by Vinnie, correct?
18 A. That’s correct.
19 Q. Okay. Do you know what that document
21 A. That was a three-page non — a
22 confidentiality document, which he left it at the
To be continued: https://michaeljacksonvindication2.wordpress.com/2014/01/23/april-27th-2005-trial-analysis-hamid-moslehi-terry-paulsen-gabrel-dominguez-anne-marie-sims-joseph-shebroe-jeanne-mulcahy-debbie-rowe-part-2-of-4/