April 27th, 2005 Trial Analysis: Hamid Moslehi, Terry Paulsen, Gabrel Dominguez, Anne Marie Sims, Joseph Shebroe, Jeanne Mulcahy, Debbie Rowe, Part 2 of 4
In this next excerpt, Moslehi stated that he wasn’t aware of any subsequent documentaries after the “Take Two” rebuttal (i.e. Jackson’s “Hidden Home Movies” special), that he was present at Neverland on February 8th, 2003 when Ed Bradley and his crew arrived to interview Jackson, and that he developed a friendship with the Arvizos beginning in 2000.
24 Q. The FOX TV special, “The Footage You Were
25 Never Meant To See,” appeared on February 20th,
26 2003, on television, right?
27 A. That’s correct.
28 Q. Did you watch that show? 7794
1 A. Yes, I did.
2 Q. Okay. Did some of the footage you had done
3 of the Bashir interview appear on that documentary?
4 A. Yes, it did.
5 Q. Did your interview, your personal interview,
6 appear in that documentary?
7 A. Yes, it did.
8 Q. Was it your understanding that additional
9 documentaries were going to be made to put Mr.
10 Jackson in a favorable light?
11 A. Another after “The Footage You Were Never
12 Meant To See,” I had no knowledge of that.
13 Q. You never understood there was to be a two-
14 or three-part series in that regard?
15 A. No. Nobody informed me anything on that.
16 Q. Okay. Do you recall being at Neverland on
17 approximately February 8th, 2003, to meet people
18 from 60 Minutes?
19 A. I believe so. I think it was a Saturday, if
20 I’m not wrong.
21 Q. Do you remember meeting someone named Ed
22 Bradley at Neverland?
23 A. Yes.
24 Q. And do you remember meeting Mr. LeGrand on
25 that day?
26 A. Yes.
27 Q. Do you remember meeting other people from
28 CBS on that day? 7795
1 A. Yes.
2 Q. And why were you at Neverland on February
3 8th, 2003?
4 A. I was there as a personal DP, which stands
5 for Director of Photography, for Mr. Jackson, for
6 his lighting and the look of his picture.
7 Q. Was anything filmed on February 8th, 2003?
8 A. I don’t believe so.
9 Q. Do you know why?
10 A. No.
11 Q. Okay. How long were you there that day, if
12 you remember?
13 A. A few hours.
14 Q. Do you remember seeing Janet Arvizo there
15 that day?
16 A. I don’t remember.
17 Q. Would it refresh your recollection just to
18 look at the police report summary of your interview?
19 A. Sure.
20 MR. MESEREAU: May I approach, Your Honor?
21 THE COURT: Yes.
22 THE WITNESS: I don’t remember making that
23 statement about Janet.
24 Q. BY MR. MESEREAU: How many times do you
25 think you have seen Janet Arvizo at Neverland?
26 A. I would say two or three times.
27 Q. Okay. Do you know approximately when?
28 A. At various times. 7796
1 Q. Okay. Approximately when do you think the
2 first time you saw Janet Arvizo at Neverland was?
3 A. Between 2000 and 2003. It could have been
4 2001. I don’t know.
5 Q. Okay. Did you meet her for the first time
6 when the 60 Minutes crew was at Neverland?
7 A. I don’t remember seeing her that day.
8 Q. Okay. When do you think you first saw her,
10 A. It could have — again, it’s between the
11 year 2000 and 2002, I would say. It could — like
12 approximately 2001. I don’t know.
13 Q. And was your first meeting with her at
14 Neverland, to your knowledge?
15 A. Yes.
16 Q. Okay. And do you recall whether or not her
17 children were there when you met her the first time?
18 A. I think they were.
19 Q. Okay. And you indicated in response to the
20 prosecutor’s questions you developed a friendship
21 with the Arvizo family?
22 A. Well, as I said, in the year 2000, I did two
23 projects that Arvizo kids, David or Star and Gavin,
24 were involved. One of the project I was directing.
25 And within that project I had a lot of conversations
26 and interactions with David and Gavin. So I kind of
27 got to know them.
28 Q. Did you stay in touch with them on a social 7797
2 A. No.
3 Q. When you weren’t talking to them at
4 Neverland, did you call them on the phone?
5 A. From Neverland, calling them?
6 Q. Let me rephrase it. I’ll ask a better
8 Aside from the instances where you saw them
9 in person, did you have a relationship where you
10 would call them from time to time?
11 A. I don’t think so.
12 Q. Did they call you from time to time?
13 A. I don’t think so.
14 Q. Okay. So your only involvement with them
15 was either at Neverland or when they came to your
16 home; is that right?
17 A. That’s correct.
18 Q. You didn’t see them during your trips to
19 Florida, right?
20 A. No, I didn’t.
Debbie Rowe’s interview with Moslehi was the next subject that Mesereau focused on; the interview was shot at Marc Schaffel’s house in early February 2003, before the Arvizo’s rebuttal video was filmed. Schaffel initially wanted the rebuttal video with the Arvizos shot at his home, but changed his mind because he didn’t want them to know where he lived (which was a very wish choice on his part!)
21 Q. Okay. Now, you indicated that you had met
22 one of Marlon Brando’s sons; is that correct?
23 A. Yes.
24 Q. And who did you meet that was a son of
25 Marlon Brando?
26 A. Miko Brando.
27 Q. And when did you first meet him?
28 A. .97, .98. 7798
1 Q. Did you see him often at Neverland?
2 A. Sometimes.
3 Q. Was it your understanding that he was a
4 friend of Michael Jackson?
5 A. Friend and associate.
6 Q. Okay. And when did you last see him?
7 A. Last time, end of February of 2003.
8 Q. Okay. Now, you did an interview with a
9 woman named Debbie Rowe, didn’t you?
10 A. That’s correct.
11 Q. And that was footage that you filmed for
12 purposes of the rebuttal documentary, right?
13 A. At the time I don’t think there was a
14 rebuttal documentary. My understanding was she was
15 responding to some of the comments that Bashir made
16 on his documentary.
17 Q. And that interview took place at your home,
19 A. No.
20 Q. Where did that take place?
21 A. At Marc Schaffel’s house in Calabasas.
22 Q. Oh, okay. Okay. Do you know approximately
23 when that interview took place?
24 A. I believe early February 2003.
25 Q. So it took place before you filmed the
26 Arvizo family, right?
27 A. That’s correct.
28 Q. Did you meet Ms. Rowe at Marc Schaffel’s 7799
2 A. I met her at — well, not for the first
3 time, but, yeah, I saw her.
4 Q. But when you filmed her for purposes of
5 responding to the Bashir documentary, you traveled
6 to Schaffel’s home, correct?
7 A. That’s correct.
8 Q. And when you got there, was Debbie Rowe
10 A. Or she came afterwards.
11 Q. You didn’t bring her there, right?
12 A. No.
13 Q. So your understanding on February 20th was
14 that Schaffel had no problem with Debbie Rowe
15 knowing where he lived, but he didn’t want the
16 Arvizos to know where he lived, right?
17 A. That could be so, yeah.
18 Q. But he never told you why he didn’t want the
19 Arvizos to know where his house was?
20 A. No.
Before Bashir’s documentary aired in the USA, it was already known within Jackson’s camp that a negative spin was added to it by Bashir, so Moslehi brought up the fact that he had his own footage of Bashir praising Jackson. Surprisingly, Jackson’s assistant Evvy Tavasci refused to look at it because Jackson’s lawyers were already handling the situation, so he spoke directly to Jackson, who told him to call Dieter Weisner, and Moslehi flew to Florida to allow Weisner to view it.
21 Q. Now, it was no secret that the purpose of
22 the rebuttal documentary was to put Mr. Jackson in a
23 positive light, right?
24 A. Sure.
25 Q. Everyone knew that was the purpose, right?
26 A. Yeah.
27 Q. It was meant to be a response to the Bashir
28 documentary, right? 7800
1 A. That’s correct.
2 Q. It was meant to show things that Bashir had
3 left out of his documentary that were positive about
4 Michael, right?
5 A. That’s correct.
6 Q. You actually had volunteered to provide
7 footage that Bashir had left out of his show, right?
8 A. Did I volunteer?
9 Q. Yes. It was partly your idea to include
10 your footage in the response to Bashir, right?
11 A. Um —
12 Q. Let me rephrase it if it’s unclear.
13 A. Please.
14 Q. At some point following the airing of
15 Bashir, you came forward and said, “I have footage
16 of what positive things Bashir said about Michael,”
18 A. This, I believe, was prior to the airing it.
19 Prior to the airing the ABC version of Martin Bashir
20 in the United States.
21 Q. Yes. Okay. Let me restate the question.
22 You saw the Bashir documentary at some
23 point, right?
24 A. At one point, yes.
25 Q. When you saw it, you realized he had left
26 out a lot of footage where he praises Michael
27 Jackson, right?
28 A. No. 7801
1 Q. Well, he had footage where he praised
2 Michael Jackson for being a good parent, right?
3 A. Well, I mean, let me correct —
4 Q. Sure.
5 A. Okay. The timing of how you’re putting it
6 is kind of off.
7 Q. Oh, okay.
8 A. I was told by Mr. Jackson’s personal
9 assistant at one point, before this documentary, the
10 ABC version of the Martin Bashir was aired in United
11 States; that Martin Bashir is going to air his own
12 version in London through BBC, I believe. At that
13 point I brought up the fact that I have some footage
14 of the behind the scenes. So at that time I have
15 not seen the Martin Bashir footage yet.
16 Q. Okay.
17 A. Am I clear?
18 Q. At that particular time, you were the only
19 one that had a copy of your footage, right?
20 A. That’s correct.
21 Q. Okay. And did you talk to representatives
22 of FOX about including your footage in the FOX
24 A. No.
25 Q. Okay. Who did you talk to about including
26 your footage in that show?
27 A. Well, this is how it happened: I talked to
28 Mr. — Miss Evvy Tavasci, which is Mr. Jackson’s 7802
1 personal assistant. I informed her that I have
2 footage of the behind-the-scene and other footage of
3 the interview.
4 Q. Uh-huh.
5 A. And I offered her to look at it. And she
6 refused. She said, “It’s okay. Don’t worry. Mr.
7 Jackson has obtained lawyers and they’re going to
8 take care of this matter.”
9 I took the footage with a video camera and a
10 play-back machine to the office of Miss Tavasci to
11 show her what I have. She still refused to look at
12 them, and she indicated that I should not be worried
13 about it, and Mr. Jackson’s lawyers will handle the
15 Then —
16 Q. And what did you do next?
17 A. Next, I believe I spoke to Mr. Jackson and
18 he asked me to call Dieter —
19 Q. Okay.
20 A. — about the matter.
21 Q. Right.
22 A. I spoke to Dieter, and I told him what I
23 have, and he informed me that I’m going to go to
24 Florida for another type of filming, and we’re going
25 to discuss this matter with him.
26 Q. And it was after that that you flew to
27 Florida, right?
28 A. Yes. 7803
1 Q. And you flew to Florida expecting to do some
2 filming, right?
3 A. That’s correct.
4 Q. And at some point in Florida you learned
5 that there was a change of plans and there would be
6 no filming; is that correct?
7 A. That’s correct.
8 Q. How long were you in Florida for that trip?
9 A. I think a day, one day maybe.
10 Q. Do you know approximately when that was?
11 A. I don’t have my records here. But I believe
12 it’s like February 6th and 7th. Something like
14 Q. Do you remember hearing anything about a
15 press conference that was cancelled in Florida?
16 A. Did I hear that there was a press conference
17 that was cancelled?
18 Q. Yes.
19 A. No.
20 Q. Okay. Do you recall any talk about a press
21 conference in Florida?
22 A. I asked what is the purpose of this
23 filming —
24 Q. Yes.
25 A. — and they never give me a specific answer.
26 But my understanding was that it could have been
27 either a press conference or a response in a video
28 format from Mr. Jackson to Martin Bashir 7804
2 Q. Okay. Now, how long after you got to
3 Florida did you find out there was a change of
4 plans and you were not going to be filming
6 A. I think hours after that.
7 Q. Okay. Did you spend the night in Florida on
8 that trip?
9 A. Yes, I did.
10 Q. Where did you stay?
11 A. At the hotel.
12 Q. The Turnberry?
13 A. I don’t remember the name of the hotel.
14 Q. Okay. And did you fly back on your own the
15 next day?
16 A. Yes.
17 Q. Okay. And when you were in Florida for that
18 trip, did you see Mr. Jackson?
19 A. No.
20 Q. Did you see any of the Arvizos?
21 A. No.
22 Q. Did you see Chris Tucker?
23 A. No.
24 Q. Did you see Dieter or Konitzer?
25 A. Yes.
26 Q. And where did you see them?
27 A. In their room.
28 Q. Okay. 7805
1 THE COURT: Okay, Counsel. Let’s take a break.
2 (Recess taken.)
After the recess concluded, Judge Melville heard arguments from the defense outside the presence of the jury to determine if Moslehi’s outtake footage from the Basir documentary would be admissible, but Judge Melville denied it:
1 (The following proceedings were held in
2 open court outside the presence and hearing of the
5 THE COURT: Counsel?
6 MR. SANGER: Yes, Your Honor, if I may
7 address the Court.
8 THE COURT: Yes.
9 MR. SANGER: Thank you.
10 We would — first of all, it’s a good time
11 to do this on the record. There were four DVDs
12 which were lodged with the Court on a previous
13 occasion for a pre-trial matter that were numbered
14 913, 1011 and 12, and also 1315, and I don’t think
15 they were given exhibit numbers at the time.
16 I believe the Court has allowed the clerk to
17 now mark the Exhibits 913, 1011 and 12 as 5009-A,
18 -B, and -C. And then the item marked 1315 has been
19 marked as 5010.
20 So we’d just like the record to reflect
21 that, if we can, Your Honor, first of all.
22 THE COURT: All right.
23 MR. SANGER: Now, having said that, we would
24 like — as a part of the cross-examination of this
25 witness, we would like to play Exhibit 5009-A, -B
26 and -C, which are the outtakes or Mr. Moslehi’s
27 footage of the Bashir interviews. And they’re
28 offered for the purpose of showing the context and 7812
1 the complete statements made by Mr. Jackson at the
2 time that certain statements were edited out and
3 placed in the Bashir video.
4 And as the Court recalls, statements in the
5 Bashir video were admitted for the truth of the
6 matter as admissions of the party. And these videos
7 show the context in which those statements were
8 made, not just the particular words, but the whole
9 context in which Mr. Jackson was led to make those
10 statements. So that’s our offer.
11 Now, I’ve talked to the District Attorney,
12 Mr. Auchincloss. I asked him if he would agree that
13 we could play this in open court without first
14 showing Mr. Moslehi to authenticate it, and he is
15 considering that; I think probably will agree to
17 The question that he asked that we address
18 right now was the admissibility of this, so I asked
19 the bailiff to ask Your Honor to come out so we
20 could talk about —
21 THE COURT: I already ruled that it wasn’t
22 admissible in the direct part of the People’s case,
23 because the Bashir case — the Bashir tape was
24 introduced for the limited purpose of showing that
25 Mr. Jackson had some motive to be doing certain acts
26 that the People claimed that he did, and it had
27 nothing to do with the truth of the matter in the
28 tape, although the tape was admitted under certain 7813
1 circumstances for the truth of the matter.
2 So your request is denied. That’s the
3 second time I’ve denied it.
4 All right. Let’s bring in the jury.
5 MR. SANGER: Your Honor, could I —
6 THE COURT: No.
7 MR. SANGER: I don’t mean to argue — okay.
Mesereau continued with his cross examination of Moslehi by questioning him about his statements to police about what Janet Arvizo told him about the media harassing her after the Bashir documentary aired, and (more importantly) she never mentioned anything about receiving death threats, false imprisonment, or that her sons were being plied with alcohol or molested by Jackson.
9 (The following proceedings were held in
10 open court in the presence and hearing of the
13 THE COURT: You may proceed.
14 MR. MESEREAU: Thank you, Your Honor.
15 Q. Mr. Moslehi, I believe you testified that
16 you had approximately six or seven meetings with the
17 Arvizo family at various times. Does that sound
19 A. Approximately.
20 Q. Okay. And I believe you testified that
21 Janet Arvizo told you in the phone conversation of
22 the 19th of February, 2003, that she was being
23 hassled by the media; is that right?
24 A. That’s correct.
25 Q. And she was not happy about that, correct?
26 A. That’s correct.
27 Q. And in your interviews with representatives
28 of the Santa Barbara Sheriff’s Department, you have 7814
1 discussed your various discussions with Janet,
3 A. Could you refresh my memory?
4 Q. Sure. Sure. Maybe I’m not being clear.
5 In your interviews with representatives of
6 the Santa Barbara Sheriff’s Department, you have
7 discussed conversations you had with the Arvizos,
9 A. Janet and the kids?
10 Q. Yes.
11 A. Yeah.
12 Q. And in your discussions with representatives
13 of the prosecution, you have discussed conversations
14 you had with the Arvizos, right?
15 A. Sure.
16 Q. At no time did Janet Arvizo tell you she
17 thought she was going to be murdered, right?
18 A. No.
19 Q. She never said that to you, right?
20 A. No.
21 Q. At no time did Janet Arvizo tell you there
22 were death threats on she and her family, right?
23 A. That’s correct.
24 Q. At no time did Janet Arvizo tell you she or
25 her family were being falsely imprisoned, right?
26 A. That’s correct.
27 Q. At no time did Janet Arvizo ever complain to
28 you that Mr. Jackson was giving alcohol to her 7815
1 children, right?
2 A. That’s correct.
3 Q. At no time did Janet Arvizo ever complain to
4 you that Mr. Jackson was improperly touching any of
5 her children, right?
6 A. That’s correct.
7 Q. At no time did Janet Arvizo tell you her
8 children were being abused by Mr. Jackson, right?
9 A. That’s correct.
10 Q. At no time did Janet Arvizo ask you to call
11 the police on her behalf, right?
12 A. That’s correct.
Next, Moslehi testified about the “Neverland Channel” video that he shot with Star and Gavin in 2000, for which he was paid by Jackson for his services:
13 Q. Now, you testified that at Mr. Jackson’s
14 request, you did a video at Neverland called
15 “Neverland Channel,” right?
16 A. That’s correct.
17 Q. And was it your understanding that was
18 supposed to be a videotape featuring Star Arvizo as
19 sort of the narrator?
20 A. Well, initially my understanding was that
21 we’re going to do a pilot – a pilot is like a sample
22 of an idea in a video format – of an idea that Mr.
23 Jackson have.
24 Q. And you did film that entire video, right?
25 A. That’s correct.
26 Q. And the understanding was that Mr. Jackson
27 would pay for your services in filming that video,
28 right? 7816
1 A. That’s correct.
2 Q. You also testified that you did a video of
3 Mr. Jackson with Gavin, right?
4 A. The 2000?
5 Q. Yes.
6 A. Yeah.
7 Q. And it was your understanding Gavin was
8 recovering from cancer, correct?
9 A. Well, Gavin had cancer. I’m not sure
10 whether he was recovering or not, but —
11 Q. But your understanding is he was ill?
12 A. Yes.
13 Q. And your understanding was that Mr. Jackson
14 also agreed to pay for your services in doing that
15 video, right?
16 A. Customary, sure.
17 Q. Yes. At no time was it ever your belief
18 that the Arvizos were supposed to pay for any of
19 these videos?
20 A. That’s correct.
Moslehi’s lawsuit against Jackson was the next area that Mesereau focused on during his cross examination; the lawsuit was centered on unpaid invoices and a cut of the profits from the “Take Two” documentary. Moslehi was promised a percentage of the profits of the documentary by Konitzer and Weisner, but Jackson was unaware of this alleged agreement.
Mesereau then brought his cross examination to a close by asking Moslehi why he thought that Jackson called to thank him for his work on February 21st, 2003, and he stated that it was his understanding that Jackson was thanking him for his work on the “Take Two” rebuttal documentary.
21 Q. Okay. Now, you currently have a lawsuit
22 against Mr. Jackson, right?
23 A. Unpaid invoices, yes.
24 Q. Right. You’re seeking unpaid invoices and
25 some other benefits, right?
26 A. Like?
27 Q. Well, you’re asking that invoices be paid.
28 You’re also – 7817
1 A. Damages.
2 Q. Yeah. You’re also talking about a profits
3 interest that you claim Dieter and Konitzer promised
4 you, right?
5 A. That’s correct.
6 Q. Now, in your lawsuit, you’re also asking for
7 damages related to a — excuse me. You’re also
8 seeking damages related to some footage of what you
9 call “Michael Jackson’s Private Home Videos,”
11 A. I believe so.
12 Q. And that was another FOX special that was
13 done about Michael Jackson, right?
14 A. I believe so.
15 Q. And it’s your belief that some of your work
16 appeared in that show as well, right?
17 A. Yes.
18 Q. And it’s your belief that you should be paid
19 for your services in that regard, right?
20 A. For — sure.
21 Q. Yes. Was it your belief that footage you
22 did was going to appear both in the Povich
23 documentary and in another show done by FOX called
24 “Michael Jackson’s Home Videos”?
25 A. No. I was never been informed that there is
26 a second documentary.
27 Q. Do you know, as you sit here today, whether
28 or not there was a second documentary? 7818
1 A. I did not know there was a second
2 documentary. Meaning nobody informed me that
3 there’s a follow-up, .another piece of documentary
4 called “Michael Jackson’s Home Videos.”
5 Q. Did you learn at some point that that had
7 A. Yes.
8 Q. When did you learn that there had been a
9 second documentary called “Michael Jackson’s Private
10 Home Videos”?
11 A. I believe I’ve learned that watching T.V.,
12 been advertised.
13 Q. Okay. And that show appeared in
14 approximately April of 2003, right?
15 A. Approximately.
16 Q. Did you watch that show on television?
17 A. Yes, I did.
18 Q. Okay. Your belief is you’re entitled to a
19 profit participation in whatever revenues were
20 generated from that show as well, right?
21 A. Well, I guess we have to talk to my lawyer
22 in regard to that.
23 Q. Okay.
24 A. Because that’s a technical question. I’m
25 not a lawyer to make that kind of —
26 Q. Okay. But your lawsuit is currently active,
28 A. It is. 7819
1 Q. Okay. And your claim is that the agreements
2 you had about being compensated for your services
3 and having a profit participation in these
4 television shows were primarily based on what Dieter
5 and Konitzer told you, right?
6 A. Well, the invoices, it’s part of customary
7 transactions between me and MJJ Productions.
8 Q. Right.
9 A. But the percentage was between Ronald,
10 Dieter and me.
11 Q. Okay. And you don’t know whether Dieter or
12 Konitzer ever discussed a profit participation with
13 Michael Jackson, right?
14 A. With Mr. Jackson himself?
15 Q. Yes.
16 A. I’m not sure.
17 Q. They just told you talk to them and don’t
18 talk to Mr. Jackson, right?
19 A. That’s correct.
20 Q. Okay. Now, I believe you said that
21 approximately February 21st, 2003, Michael Jackson
22 called you to thank you, right?
23 A. That’s correct.
24 Q. Now, obviously when he called you to thank
25 you, he hadn’t seen what you had filmed, right?
26 A. Filmed what?
27 Q. Well, the footage you did of the Arvizos, he
28 could not have seen, true? 7820
1 A. Oh, of the Arvizo family footage.
2 Q. But nevertheless, he called you and thanked
3 you for what you had done, right?
4 A. After seeing “The Footage You Were Never
5 Meant To See,” I believe that’s why Mr. Jackson
6 called me, to thank me.
7 Q. He was talking about the Bashir footage that
8 you had done; is that correct?
9 MR. AUCHINCLOSS: Objection; requires
11 MR. MESEREAU: I’ll rephrase it.
12 Q. When Mr. Jackson called you to thank you on
13 February 21st, was it your understanding that he was
14 thanking you about what you had done in the Bashir
16 MR. AUCHINCLOSS: Objection; speculation.
17 THE COURT: Overruled.
18 You may answer.
19 THE WITNESS: My understanding for that
20 thank-you call was that Mr. Jackson saw the rebuttal
21 documentary, the entire “Footage You Were Never
22 Meant To See,” and because of what I’ve done —
23 Q. BY MR. MESEREAU: Yes.
24 A. — he’s calling to thank me.
25 Q. But he obviously, at that point, had never
26 seen your film of the Arvizo family, right?
27 A. No.
28 Q. Because you had control of that, right? 7821
1 A. That’s correct.
2 Q. You had never released that, right?
3 A. That’s correct.
4 Q. And he was thanking you for what was on that
5 Maury Povich documentary, true?
6 MR. AUCHINCLOSS: Objection; asked and
8 THE COURT: Sustained.
9 MR. MESEREAU: No further questions, Your
11 THE COURT: Counsel?
12 MR. AUCHINCLOSS: Thank you, Your Honor.
Under redirect-examination, Auchincloss questioned Moslehi about the participation of Jackson’s co-conspirators in the rebuttal video:
14 REDIRECT EXAMINATION
15 BY MR. AUCHINCLOSS:
16 Q. During the period of time that you were
17 working with the Arvizos on this rebuttal film,
18 you’ve told us about Christian Robinson, Brad
19 Miller, Paul being present, Vinnie being present,
20 you and your crew.
21 As far as you know, was anybody else
22 involved in this rebuttal video?
23 A. Being involved or being present at my house?
24 Q. That’s a good question. Let’s add a few
26 You mentioned that Frank was involved in it;
27 is that correct?
28 A. He was involved with it, yes. 7822
1 Q. And Mr. Schaffel was involved in it?
2 A. That’s correct.
3 Q. And Mr. Konitzer was involved in it?
4 A. I’m — sure.
5 Q. He talked to you about it, right?
6 A. I think most of the conversation was going
7 through Dieter than Ronald in regard to that.
8 Q. Was Ronald present in that conversation?
9 A. It was a phone conversation, so I don’t know
10 whether Ronald was listening to that or not, or
11 whether they had conversation within themselves.
12 Q. Okay. But you also mentioned a conversation
13 you had in Florida with Ronald and Dieter?
14 A. That’s correct.
15 Q. Did they discuss filming the rebuttal film
16 at that time?
17 A. At that time, the discussion was about what
18 I had already filmed of Martin Bashir.
19 Q. Okay.
20 A. There was nothing on the table as far as
21 project goes.
22 Q. Okay. So as far as the project goes, they
23 just told you to talk to Mr. Schaffel?
24 MR. MESEREAU: Objection. Leading; assumes
25 facts not in evidence.
26 MR. AUCHINCLOSS: I’ll strike the question.
27 Q. So as far as the project goes, what did they
28 direct you to do? 7823
1 A. Once we discussed what I have as far as the
2 footage that I shot of Martin Bashir interview with
3 Mr. Jackson, and once we agreed to certain terms,
4 they informed me and advised me to go to L.A. and
5 talk to Marc Schaffel.
6 Q. Okay. And the purpose of this, you’ve
7 testified, was to make Michael Jackson look good
8 ultimately, the whole rebuttal film?
9 A. That’s correct.
10 Q. Okay. So other than the names I’ve
11 mentioned, were — were there any other people
12 involved in this enterprise of making the entire
13 rebuttal film, as far as you know?
14 A. Um — okay, can we go through those names
15 one more time? Just so I don’t misunderstand.
16 Q. Okay. Mr. Jackson, Ronald, Dieter. We’ve
17 got Mr. Schaffel, Frank, Vinnie, Christian, Paul —
18 MR. MESEREAU: Objection to the question.
19 I don’t think it’s — I think it’s a compound
21 MR. AUCHINCLOSS: I’m asking him for other
23 THE COURT: He’s clarifying an earlier
25 Overruled. Go ahead.
26 Q. BY MR. AUCHINCLOSS: Paul. Brad Miller.
27 You and your crew.
28 A. Well, there was another production company 7824
1 called Brad Lachman Productions —
2 Q. Okay.
3 A. — which FOX hired to put the final editing
5 Q. Very good. Anybody else other than that?
6 A. Not that I remember right now.
7 Q. When you were engaging in the production or
8 the putting together the various videos that were
9 going to make up this rebuttal film, what were the
10 issues that you were trying to address specifically?
11 A. Comments that Martin Bashir made on his own
When Auchincloss asked Moslehi to explain what Jackson said in the Bashir documentary that needed to be explained in the rebuttal, Judge Melville admonished him for going into an area that he precluded the defense from going into:
13 Q. Were there comments that Mr. Jackson himself
14 made that you were attempting to address?
15 A. On the Martin Bashir documentary?
16 Q. In your rebuttal, yes.
17 A. Well, we tried to clarify certain statements
18 that Mr. Jackson made which, for example, if Martin
19 Bashir would have continued rolling, I mean, or
20 editing that — let me try this again.
21 Q. Sure.
22 A. There were certain statements that were made
23 by Mr. Jackson in the Martin Bashir documentary —
24 Q. Uh-huh.
25 A. — that the way it was edited, what happened
26 is Mr. Jackson sounded different than if they would
27 have continued another two or three seconds of that
28 statement. 7825
1 Q. Give me an example.
2 A. Um — um —
3 THE COURT: Counsel, I have to ask a
4 question. Why are you going into an area that I
5 told the defense they couldn’t go into?
6 My objection’s sustained.
7 MR. AUCHINCLOSS: Okay. Thank you, Your
8 Honor. I’ll move on.
Auchincloss dug further into Jackson’s motivations for airing the rebuttal so quickly, and he was again admonished for trying to question Moslehi about Jackson’s statements that needed to be clarified in the rebuttal (i.e. sharing beds with children).
9 Q. What was the level — well, let me ask you
10 this: Was there any sense of urgency in the
11 creation of this rebuttal film?
12 MR. MESEREAU: Objection; vague.
13 THE COURT: Overruled.
14 You may answer.
15 THE WITNESS: We tried to get it as soon as
17 Q. BY MR. AUCHINCLOSS: Okay. And why was
19 MR. MESEREAU: Objection; foundation.
20 THE COURT: All right. I’ll sustain the
21 foundation objection.
22 MR. AUCHINCLOSS: Okay.
23 Q. Do you know why there was a sense of urgency
24 in creating this film?
25 A. My opinion? Or was there any discussion
26 from any party?
27 Q. Did you discuss the timing issues of this
28 film with any of the people that I’ve mentioned 7826
1 previously that were involved in it?
2 A. Well, once this project was sold to FOX,
3 they set up a date, deadline to be aired.
4 Q. Okay.
5 A. So basically, based on that date, we’ll try
6 to squeeze everything in there and finish it.
7 Q. And that date was?
8 A. February 20th.
9 Q. Midnight February 20th; is that right?
10 A. Well, the deadline to provide the footages
11 was I believe the 19th, February 19 of 2003, to be
12 aired on February 20th, 2003.
13 Q. In terms of the Martin Bashir special, was
14 there any editing done by Mr. Bashir that was
15 problematic, that you saw, that misrepresented Mr.
16 Jackson’s statements about him sleeping with
18 MR. MESEREAU: Objection. Foundation;
19 leading; Court order.
20 THE COURT: The objection is sustained.
21 It’s the area I told you not to go into.
22 MR. AUCHINCLOSS: All right.
23 Q. Was that area one of the areas that you felt
24 you needed to work on?
25 MR. MESEREAU: Same objection.
26 THE COURT: Sustained.
27 MR. AUCHINCLOSS: All right.
Auchincloss revisited the subject of the nondisclosure agreement that Janet initially hesitated to sign, and delayed the shooting of the rebuttal video by about 15 minutes.
28 Q. As far as the — I want to talk now about 7827
1 the activities that occurred at your home when the
2 Arvizos were being filmed.
3 You mentioned that Janet was — expressed
4 some reluctance to sign this release; is that
6 MR. MESEREAU: Objection; misstates the
8 THE COURT: Sustained.
9 Q. BY MR. AUCHINCLOSS: Did Janet express any
10 reluctance to sign this release?
11 A. What I saw is that there was a con — a
12 conversation and a discussion between Janet and
13 Vinnie and other parties about this release or
14 document that was presented to her.
15 Q. Did that discussion cause any delay in the
16 shooting of the filming?
17 A. A little bit. A little bit.
18 Q. How many minutes of delay, would you say, if
19 you can characterize it?
20 A. I would say 15 minutes.
21 Q. And you said that Vinnie used your phone
23 A. My fax.
24 Q. Your fax number.
25 A. Or they could have used my phone, too.
26 Q. Do you know if he used your phone number?
27 A. To call somebody?
28 Q. Yes. 7828
1 A. I remember my phone being used, but I didn’t
2 know who’s calling who or what. But I remember my
3 phone being used.
4 Q. Do you know the number (310) 283-5866?
5 A. That’s my cell phone number.
6 Q. That’s your cell phone number, okay.
7 As far as the use of your fax machine, do
8 you know if Vinnie made any documents that came from
9 your fax machine?
10 A. I believe that he either received or send
11 some faxes through my machine.
12 Q. When Janet had finished with negotiating or
13 talking with Vinnie, Christian and Paul, you
14 mentioned that Vinnie, Christian and Paul seemed
15 happy previously, correct?
16 A. It seemed to me that the matter has been
17 resolved, but —
18 Q. Did Janet seem happy, or could you tell?
19 You tell me.
20 A. Well, when we started filming, she appeared
21 happy. But I don’t know, prior to, whether or not
22 she was happy or not. I don’t know.
23 Q. Was there a change in her demeanor from
24 before filming to when the cameras started rolling?
25 A. Repeat that one more time.
26 Q. Was there a change in her demeanor from
27 before the cameras were rolling and she’s in your
28 home for this however — I guess you said it was 7829
1 over an hour — to the time the cameras started
2 rolling, was there a change in Janet’s demeanor?
3 A. She seemed more energetic when the cameras
4 are rolling.
5 Q. You were asked if you saw any coaching, and
6 you said, “No.”
7 A. Not that I remember seeing any coaching.
8 Q. Do you know if she was coached?
9 A. I don’t know that.
10 Q. Do you know whether or not — did you keep
11 your eye on her the entire time that she was in your
13 A. The entire house? No.
14 Q. Was there an opportunity for her to be
16 MR. MESEREAU: Objection. Foundation; calls
17 for speculation.
18 THE COURT: Calls for a conclusion.
20 Q. BY MR. AUCHINCLOSS: You mentioned that you
21 went to Neverland at one time for the filming of
22 60 Minutes, correct?
23 A. Yes.
24 Q. And was that cancelled?
25 A. Yes.
26 Q. Do you know why?
27 A. I don’t.
In this excerpt, while discussing the approval that Neverland ranch Manager Joe Marcus requested to allow the Arvizos to leave and shoot the rebuttal video, Auchincloss literally harasses Moslehi over his knowledge of whether Jackson uses a cell phone or not:
28 Q. As far as the entire documentary, this 7830
1 rebuttal documentary, you mentioned that you were to
2 receive some points?
3 A. Percentage.
4 Q. A percentage?
5 A. Yeah.
6 Q. When you spoke to Ronald and Dieter, was it
7 contemplated that this documentary was a for-profit
9 A. For profit?
10 Q. Yeah, would make money.
11 A. Sure.
12 Q. Do you know if it made money?
13 A. I think it did, yes.
14 Q. Do you know how much it made?
15 MR. MESEREAU: Objection; foundation.
16 THE COURT: Sustained.
17 Q. BY MR. AUCHINCLOSS: Do you know how much —
18 was there any discussion about how much this
19 documentary was anticipated to make with Dieter and
21 A. Well, FOX —
22 MR. MESEREAU: Objection; foundation.
23 THE COURT: Sustained.
24 Q. BY MR. AUCHINCLOSS: Did you have a
25 discussion with Dieter and Ronald about the
26 profitability or the amount of money that this
27 documentary or rebuttal could make?
28 A. Did I have any conversations with them that 7831
1 this documentary will make — well, we knew there
2 was going to be some money made off of it.
3 Q. Yes.
4 A. But we didn’t know how much at the time.
5 Q. Did you have an idea?
6 MR. MESEREAU: Objection. Foundation and
7 Court order.
8 MR. AUCHINCLOSS: It’s a “yes” or “no.”
9 That’s fine, Your Honor. I’ll move on.
10 Q. Now, as far as the — the Arvizos
11 being taken off — the Arvizo children being taken
12 off of Neverland, you answered a few questions for
13 counsel concerning that issue when you took the
14 children off Neverland.
15 And you said there was a period of time, I
16 believe it was about a half an hour, between when
17 you first talked to Joe Marcus and he said the
18 children were not allowed off the property and the
19 time when you actually left; is that right?
20 A. I believe so, yeah.
21 Q. Did you see where he went during that half
22 hour at all?
23 A. No, I didn’t.
24 Q. If you wanted to contact Mr. Jackson when he
25 was away from Neverland, how would you do it?
26 A. I would either call his bodyguards or his
28 Q. Okay. Why would you call his bodyguard? 7832
1 A. Well, that’s the fastest way to get to Mr.
3 Q. Does Mr. Jackson carry a cell phone?
4 A. I don’t believe so.
5 Q. Do his bodyguards carry cell phones?
6 A. I think they do.
7 Q. Have you seen this?
8 A. Yes.
9 Q. If he wants to make a call, do you know what
11 MR. MESEREAU: Objection; foundation.
12 THE COURT: Sustained.
13 Q. BY MR. AUCHINCLOSS: Have you seen Mr.
14 Jackson ever use a cell phone?
15 MR. MESEREAU: Objection. Foundation; calls
16 for speculation; beyond the scope.
17 THE COURT: Overruled.
18 Q. BY MR. AUCHINCLOSS: Have you seen Mr.
19 Jackson ever use a cell phone over the years you’ve
20 known him?
21 A. Dialing it, or just talking on it?
22 Q. Talking on it.
23 A. I’ve seen him talking on the cell phone.
24 Q. Whose cell phone would he use?
25 A. I’m assuming his bodyguards’, but I can be
27 Q. Okay. So after this half hour passed and
28 you left the property, did Joe Marcus offer any 7833
2 A. No.
3 Q. Did he seem to be okay with you taking the
4 children off property?
5 A. Sure.
6 Q. You said that you had a conversation at
7 Neverland with Mrs. Arvizo, and your sense was that
8 she approved of you taking the children to your
9 home. I believe that was your testimony. You
10 correct me if I’m wrong. Is that accurate?
11 A. If I remember correctly, after I had a
12 conversation with her, my understanding was that
13 she’s going to participate in this rebuttal
14 documentary, but she’s not going to be at Neverland,
15 so therefore we went to L.A.
16 Q. Okay. So that was on the evening of
17 February 19th?
18 A. That’s correct.
19 Q. And your deadline was midnight on February
20 19th; is that correct?
21 A. That’s correct.
22 Q. Was an arrangement made with Brad Lachman
23 Productions that if you got the Arvizo film to them
24 by midnight, they would still be able to incorporate
25 it into the final production of the rebuttal film?
26 A. If I remember correctly, if we had any
27 additional or new footage that we wanted to put into
28 this documentary, should be delivered no longer than 7834
1 midnight 19 — February 19.
2 Q. Okay. If you delivered it on February 19th
3 before midnight, was it your understanding there was
4 still time to get it into the final version?
5 A. Yes.
6 Q. And your testimony is that you didn’t make
7 that deadline?
8 A. Yes, we missed that.
Even though the deadline to shoot the rebuttal video was missed, Moslehi still shot it because he was asked to and wanted to fulfill his responsibility.
9 Q. When you originally talked with Dieter and
10 Ronald about being paid the money that you were
11 owed, was it understood that upon the completion of
12 the Arvizo film, you would be paid, the filming of
13 the Arvizos?
14 A. Upon airing “The Footage You Were Never
15 Meant To See.”
16 Q. Okay. And the Arvizo footage was just part
17 of that?
18 A. That’s correct.
19 Q. All right. Did you anticipate that you
20 would be getting a payday – in other words, a
21 payment of all the money that was owed to you –
22 after the 20th of February?
23 A. I was expecting the 21st, by midday, I would
24 receive my payments in full, plus what they promised
26 Q. Okay. Are you aware of whether or not this
27 documentary was also sold all over the world?
28 A. It is sold all over the world. 7835
1 Q. Okay. This rebuttal film was sold all over
2 the world?
3 A. That’s correct.
4 Q. In terms of the filming of the Arvizos, the
5 footage that you obtained, is this footage — was
6 this footage at the time, did you consider it to be
8 MR. MESEREAU: Objection; vague.
9 THE COURT: Sustained.
10 Q. BY MR. AUCHINCLOSS: At the time that this
11 footage was filmed, you understood that it was not
12 going to make it into the Brad Lachman production,
14 A. Well, I was hoping that I can get it done by
16 Q. Okay.
17 A. But once we passed the deadline, I figured
18 it’s not going to happen.
19 Q. And you shot it anyway because of what?
20 A. Well, because I was told to, and also I
21 wanted to do my job. I mean, I had a responsibility
22 and I wanted to do that.
23 Q. And who specifically told you to shoot that
25 A. I believe it was arranged through Marc
26 Schaffel and Dieter, those people.
27 Q. Did you discuss with anybody the fact that
28 you weren’t going to make the deadline and that you 7836
1 should go ahead and shoot it anyway?
2 A. I don’t remember discussing the deadline
3 with anyone. This was just in my mind.
4 Q. Okay. So that was your decision to go ahead
5 and shoot it anyway?
6 A. Well, I figured since I had my crew and
7 equipment ready, if they are happy to participate,
8 get it done at least.
9 Q. Was there a discussion at the shooting about
10 the deadline; that it had to be done by midnight?
11 A. I think I mentioned to one of these guys
12 that, “Guys, we’re not going to make it anyway.”
13 But —
14 Q. Do you know if either Christian or Paul or
15 Vinnie knew about the deadline?
16 A. I’m not sure about Vinnie, but I’m sure
17 Christian and Paul should have known about the
19 Q. And I believe your testimony is that
20 Christian wanted the video to take with him?
21 A. They wanted to take the tapes that night,
23 Q. Even though it was too late to put it on
24 the —
25 A. That’s correct.
26 Q. All right. If you — are you familiar with
27 the value of footages such as this, you know,
28 footage concerning a family that is of public 7837
1 interest on the open market?
2 MR. MESEREAU: Objection. Vague; Court
4 MR. AUCHINCLOSS: I’m unfamiliar with the
5 Court order, but —
6 THE COURT: I’ll sustain the objection. It’s
7 the restrictions I’ve placed on financial
9 MR. AUCHINCLOSS: All right.
Next, Moslehi was asked a hypothetical question: if he had known that Janet had received $20,000 dollars to help pay for Gavin’s illness (the obvious inspiration for this hypothetical scenario was Louise Palanker), or if she had received a $30,000 dollar civil judgment (i.e. JC Penney settlement), would he had still loaned her the $2,000 dollars, and he said it wouldn’t have made a difference because she received those payments three years prior.
10 Q. You testified that you gave Janet Arvizo
11 $2,000, considered it a loan, and were asked a
12 number of questions about financial conditions
13 involving Janet Arvizo.
14 Would it have made any difference to you in
15 giving Janet Arvizo this $2,000 if you learned that
16 some people gave her some money three years earlier
17 based upon Gavin’s illness? Would that have made
18 any difference to you?
19 MR. MESEREAU: Calls for speculation and
20 misstates the evidence.
21 THE COURT: Overruled.
22 You may answer.
23 THE WITNESS: Um, can you repeat the
24 question one more time?
25 Q. BY MR. AUCHINCLOSS: My question is, you
26 gave her this $2,000.
27 A. Okay.
28 Q. You previously stated you were concerned 7838
1 about Janet. Her world was upside down is what
2 you’ve said.
3 Would it have made any difference, would it
4 have prevented you from doing this act of generosity
5 or kindness if you knew that years earlier she had
6 received some money for charitable — from
7 charitable individuals to help Gavin? Would that
8 have made any difference?
9 A. I believe, depending on the timing and the
10 amount of money, it could have been.
11 Q. Okay. So let’s say she got $20,000 to help
12 Gavin with his illness in terms of creating a safe
13 room for him, that type of thing.
14 A. Three years prior?
15 Q. Yeah. Would that have made any difference
16 to you?
17 A. For 20,000 three years prior, no.
18 Q. And what about if she got a civil judgment
19 for about 30,000 three years prior, would that have
20 made any difference?
21 A. Three years —
22 MR. MESEREAU: Objection; misstates the
24 THE COURT: Overruled.
25 You may answer.
26 THE WITNESS: Three years, 30,000, no.
To be continued: https://michaeljacksonvindication2.wordpress.com/2014/02/02/april-27th-2005-trial-analysis-hamid-moslehi-terry-paulsen-gabrel-dominguez-anne-marie-sims-joseph-shebroe-jeanne-mulcahy-debbie-rowe-part-3-of-4/